Terms Used In Utah Code > Title 17B > Chapter 1 > Part 2 - Creation of a Special District

• Adverse action: means :

  (i)	an action that results in: (A)  the refusal to hire a potential employee; or (B)  the termination of employment, demotion, or reduction of wages of an employee; or

  (ii)

  a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Applicable area: means : (a)  for a county, the unincorporated area of the county that is included within the proposed special district; or (b)  for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201 Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arrest: Taking physical custody of a person by lawful authority. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Broadcasting company: means a person engaged in the business of: (a)  distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following: (i)  television; (ii)  cable; or (iii)  radio; or (b)  preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102 Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102 Building service: means any of the following services, if the charge for the service is $3,000 or less: (a)  cleaning or janitorial; (b)  furniture delivery, assembly, moving, or installation; (c)  landscaping; (d)  home repair; or (e)  any service similar to the services described in Subsections (1)(a) through (d). See Utah Code 34-53-102 Building service contractor: means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service. See Utah Code 34-53-102 Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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. County legislative body: means :Utah Code 68-3-12.5 Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102 Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102 Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101 Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102 employer: includes a federal contractor. See Utah Code 34-56-101 Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102 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. Exempt broadcasting employee: means a broadcasting employee who is compensated on a salary basis, as defined in 29 C. See Utah Code 34-51-102 facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Governing body: means : (a)  for a county or municipality, the legislative body of the county or municipality; and (b)  for a special district, the board of trustees of the special district. See Utah Code 17B-1-201 Governmental entity: means : (a)  an executive branch agency as defined in Section 63A-16-102; (b)  the legislative branch; (c)  the judicial branch; (d)  the State Board of Education; (e)  the Utah Board of Higher Education; (f)  an institution of higher education; and (g)  a political subdivision of the state: (i)  as defined in Section 17B-1-102; and (ii)  including a school district. See Utah Code 34-56-101 Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201 Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201 Hiring party: means a person who hires or enters into a contract with an independent contractor. See Utah Code 34-57-101 Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Independent contractor: means the same as that term is defined in Section 34A-2-103. See Utah Code 34-57-101 Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juvenile adjudication: means : (a)  a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or (b)  an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102 Land: includes :Utah Code 68-3-12.5 LEA: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 34-54-102 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Marketplace company: means a person that: (a)  offers a digital application to the public; and (b)  accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102 Mental health professional applicant: means an individual who: (a)  is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and (b)  provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nurse practitioner: means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act. See Utah Code 34-56-101 Person: means :Utah Code 68-3-12.5 Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201 Physician: means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 34-56-101 Physician assistant: means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 34-56-101 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Political subdivision: means a county, city, town, metro township, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102 Portable benefit plan: means a group that: (a)  offers an insurance product regulated by: (i)  Title 31A, Insurance Code; or (ii)  Title 35A, Chapter 4, Employment Security Act; and (b)  is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101 Primary care provider: means a nurse practitioner, physician, or physician assistant. See Utah Code 34-56-101 Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public employer: means an employer that is: (a)  the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government; (b)  a state institution of higher education; or (c)  a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state. See Utah Code 34-52-102 Public Service Loan Forgiveness Program: means the Public Service Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102 Public service organization: means the same as that term is defined in 34 C. See Utah Code 34-54-102 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201 Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201 Remote service: includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application. See Utah Code 34-53a-102 Remote-service contractor: means a person who uses a marketplace company's digital application to provide a remote service to another person. See Utah Code 34-53a-102 Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201 Responsible body: means the governing body of: (a)  the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality; (b)  the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within: (i)  the unincorporated part of the county; or (ii)  more than one municipality within the county; (c)  if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or (d)  the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201 Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201 Road: includes :Utah Code 68-3-12.5 Sale of a business: means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity. See Utah Code 34-51-102 Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Service marketplace platform: means an entity that: (a)  uses an Internet-connected software platform, including a mobile application: (i)  to connect building service contractors with customers seeking a building service; and (ii)  through which a customer may request a building service; and (b)  charges the building service contractor a fee to use the software platform. See Utah Code 34-53-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102 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 Statute: A law passed by a legislature. Student loan forgiveness program: means : (a)  the Public Service Loan Forgiveness Program; or (b)  the Teacher Loan Forgiveness Program. See Utah Code 34-54-102 Summons: Another word for subpoena used by the criminal justice system. Teacher: means the same as that term is defined in 34 C. See Utah Code 34-54-102 Teacher Loan Forgiveness Program: means the Teacher Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 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 Verdict: The decision of a petit jury or a judge. Workplace: means the same as that term is defined in Section 34A-6-103. See Utah Code 34-56-101 Writing: includes :Utah Code 68-3-12.5