Terms Used In Utah Code > Title 16 > Chapter 6a > Part 6 - Members

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• Address: includes :

  (i)	a post office box number;

  (ii)	a rural free delivery route number; and

  (iii)

  a street name and number. See Utah Code 16-6a-102 Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103 Agent: means "agent" as defined in Section 61-1-13. See Utah Code 51-7-3 Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicant: means the person: (a)  who submits an application to participate in a voluntary cleanup agreement under this chapter; or (b)  who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102 Articles of incorporation: include : (a)  amended articles of incorporation; (b)  restated articles of incorporation; (c)  articles of merger; and (d)  a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102 Bylaws: includes : (i)  amended bylaws; and (ii)  restated bylaws. See Utah Code 16-6a-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102 Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer: includes the following permanently affixed to or incorporated into a device described in Subsection (2)(a): (i)  a cable cord; (ii)  permanent wiring; (iii)  a central processing unit; or (iv)  a monitor. See Utah Code 19-6-1202 Consumer: means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use. See Utah Code 19-6-1202 Consumer electronic device: means the following products sold to a consumer: (a)  a computer; (b)  a computer peripheral; (c)  a television; or (d)  a television peripheral. See Utah Code 19-6-1202 Contaminant: means : (a)  hazardous materials as defined in Section 19-6-302; (b)  hazardous substance as defined in Section 19-6-302; (c)  hazardous waste as defined in Section 19-6-102; (d)  hazardous waste constituent listed in 40 C. See Utah Code 19-8-102 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Director: means a member of the board of directors. See Utah Code 16-6a-102 Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's: (i)  members; (ii)  directors; or (iii)  officers. See Utah Code 16-6a-102 Eligible program: means a collection, reuse, or recycling system for a consumer electronic device, including: (a)  a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail; (b)  a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or (c)  a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device. See Utah Code 19-6-1202 Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103 Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103 Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102 Expenditures: means decreases in net financial resources from other than interfund transfers, refundings of general long-term capital debt, and other items indicated by GASB. See Utah Code 51-5-3 Fiscal period: means any period at the end of which a governmental unit determines its financial position and the results of its operations. See Utah Code 51-5-3 Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts, composed of financial resources and other assets, all related liabilities and residual equities or balances and changes in those resources, assets, liabilities, and equities that, when recorded, are segregated for the purpose of carrying on specific activities or attaining certain objectives, according to special regulations, restrictions, or limitations. See Utah Code 51-5-3 Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3 Governmental fund: includes the following types: General Fund, special revenue funds, debt service funds, capital projects funds, and permanent funds. See Utah Code 51-5-3 Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-7-3 Individual: means : (a)  a natural person; (b)  the estate of an incompetent individual; or (c)  the estate of a deceased individual. See Utah Code 16-6a-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3 Manufacturer: means a person who: (a)  manufactures a consumer electronic device under a brand the person owns or is licensed to use; or (b)  assumes the responsibilities and obligations of a person described in Subsection (6)(a). See Utah Code 19-6-1202 Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3 Master Repurchase Agreement: means the current standard Master Repurchase Agreement approved by the Public Securities Association or by any successor organization. See Utah Code 51-7-3 Maximum amount: means , with respect to qualified depositories, the total amount of: (a)  deposits in excess of the federal deposit insurance limit; and (b)  nonqualifying repurchase agreements. See Utah Code 51-7-3 Member: includes : (i)  "voting member"; and (ii)  a shareholder in a water company. See Utah Code 16-6a-102 Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102 Mutual benefit corporation: means a nonprofit corporation: (a)  that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or (b)  all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102 Nationally recognized statistical rating organization: means an organization that has been designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission's Division of Market Regulation. See Utah Code 51-7-3 Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Oversight: Committee review of the activities of a Federal agency or program. Peripheral: means a keyboard, printer, or other device that: (a)  is sold exclusively for external use with a television or computer; and (b)  provides input into or output from a television or computer. See Utah Code 19-6-1202 Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103 Person: means an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 Plaintiff: The person who files the complaint in a civil lawsuit. Proceeding: includes : (a)  a civil suit; (b)  arbitration; (c)  mediation; (d)  a criminal action; (e)  an administrative action; or (f)  an investigatory action. See Utah Code 16-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3 Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3 Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3 Quorum: The number of legislators that must be present to do business. Recycling: means the process of collecting and preparing electronic products for: (i)  use in a manufacturing process; or (ii)  recovery of reusable materials followed by delivery of reusable materials for use. See Utah Code 19-6-1202 Reuse: means electronic waste: (a)  that is tested and determined to be in good working order; and (b)  that is removed from the waste stream to use for the same purpose for which it was manufactured, including the continued use of the whole system or components. See Utah Code 19-6-1202 sale: means any transfer for consideration of title or of the right to use by lease or sales contract of a consumer electronic device to a consumer. See Utah Code 19-6-1202 Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102 Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Subfund: means a restricted account, established within an independent fund, that has a self-balancing set of accounts to restrict revenues, expenditures, or the fund balance. See Utah Code 51-5-3 Surplus: means the excess of the assets of a fund over its liabilities and restricted fund equity. See Utah Code 51-5-3 Television: means a display system primarily intended to receive video programming via broadcast, cable, or satellite transmission. See Utah Code 19-6-1202 Unappropriated surplus: means that portion of the surplus of a given fund that is not segregated for specific purposes. See Utah Code 51-5-3 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Vote: includes authorization by: (a)  written ballot; and (b)  written consent. See Utah Code 16-6a-102 voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102 Water company: means : (a)  the same as that term is defined in Subsection 16-4-102(5); or (b)  a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102 Writing: includes :Utah Code 68-3-12.5