Utah Code > Title 20A > Chapter 1 – General Provisions
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Utah Code > Title 20A > Chapter 1 - General Provisions
- Account: means the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902. See Utah Code 51-9-901
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Administrative expenditure: means :
(a) an expenditure for professional services; (b) per diem and travel expenses for the board and the Diné Advisory Committee; and (c) expense reimbursements, salaries, and benefits for the trust administrator and the trust administrator's staff. See Utah Code 51-10-102 - Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- Agent: means "agent" as defined in Section 61-1-13. See Utah Code 51-7-3
- agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
(i) another domestic or foreign corporation; (ii) another person; or (iii) an employee benefit plan. See Utah Code 16-6a-901 - Agent of the state: means any representative of a state agency, local agency, or non-profit entity that agrees to provide support to a requesting intrastate or interstate government entity that has declared an emergency or disaster and has requested assistance through the division. See Utah Code 53-2a-602
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anchor location: means the physical location from which:
(a) an electronic meeting originates; or (b) the participants are connected. See Utah Code 52-4-103 - 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicable office: means the office held by the subject officer. See Utah Code 20A-1-901
- Appointee: means an employee whose salary, wages, pay, or compensation is paid from public funds. See Utah Code 52-3-1
- Appraisal: A determination of property value.
- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Attack: means a nuclear, cyber, conventional, biological, act of terrorism, or chemical warfare action against the United States of America or this state. See Utah Code 53-2a-102
- Bad faith: means that a person files a petition described in Subsection 20A-1-803(1):
(a) under circumstances where a reasonable person would not believe that the allegations are true; or (b) (i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and (ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title. See Utah Code 20A-1-802 - Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- 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
- Board: means the board of trustees created in Section 51-10-202. See Utah Code 51-10-102
- Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
- board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
- Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
- Business enterprise: means a sole proprietorship, partnership, corporation, limited liability company, or other private entity organized to provide goods or services for a profit. See Utah Code 51-10-102
- Bylaws: includes :
(i) amended bylaws; and (ii) restated bylaws. See Utah Code 16-6a-102 - Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
- Capitol hill complex: means the grounds and buildings within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake City. See Utah Code 52-4-103
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Certified dealer: means :
(a) a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or (b) a broker dealer who: (i) has and maintains an office and a resident registered principal in the state; (ii) meets the capital requirements established by council rules; (iii) meets the requirements for good standing established by council rule; and (iv) is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3 - Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3
- Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of governmental purposes, and any other purpose the achievement of which is beneficial to the community. See Utah Code 51-8-102
- Chief administrative officer: means the person who has ultimate responsibility for the operation of the department or agency of the state or a political subdivision. See Utah Code 52-3-1
- Chief executive officer: means :
(a) the governor, for the state; (b) the chair of the county commission or the county executive, for a county; and (c) the mayor, for a municipality, or if governed under a council-manager form of government, the chair of the council. See Utah Code 52-8-102 - Chief executive officer: means :
(b) for a county: (i) the chair of the county commission for a county operating under the county commission or expanded county commission form of government; (ii) the county executive officer for a county operating under the county-executive council form of government; or (iii) the county manager for a county operating under the council-manager form of government; (c) for a special service district: (i) the chief executive officer of the county or municipality that created the special service district if authority has not been delegated to an administrative control board as provided in Section 17D-1-301; (ii) the chair of the administrative control board to which authority has been delegated as provided in Section 17D-1-301; or (iii) the general manager or other officer or employee to whom authority has been delegated by the governing body of the special service district as provided in Section 17D-1-301; or (d) for a special district: (i) the chair of the board of trustees selected as provided in Section 17B-1-309; or (ii) the general manager or other officer or employee to whom authority has been delegated by the board of trustees. See Utah Code 53-2a-203 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Clerk: includes a board of trustees under Title 17B, Chapter 1, Provisions Applicable to All Special Districts. See Utah Code 20A-1-1001
- Commissioner: means the commissioner of the Department of Public Safety or the commissioner's designee. See Utah Code 53-2a-102
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
- Convening: means the calling together of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power. See Utah Code 52-4-103
- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- 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.
- Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
- Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
- Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- County officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declared disaster: means one or more events:
(i) within the state; (ii) that occur within a limited period of time; (iii) that involve: (A) a significant number of persons being at risk of bodily harm, sickness, or death; or (B) a significant portion of real property at risk of loss; (iv) that are sudden in nature and generally occur less frequently than every three years; and (v) that results in: (A) the president of the United States declaring an emergency or major disaster in the state; (B) the governor declaring a state of emergency under 2; or (C) the chief executive officer of a local government declaring a local emergency under 2. See Utah Code 53-2a-602 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1). See Utah Code 20A-1-802
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Dependent: A person dependent for support upon another.
- Director: means the division director appointed under Section 53-2a-103 or the director's designee. See Utah Code 53-2a-102
- Director: means a member of the board of directors. See Utah Code 16-6a-102
- Director: means the division director appointed under Section 53-1-203. See Utah Code 53-1-202
- Director: means the division director appointed under Section 53-1-303. See Utah Code 53-1-302
- Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
- Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
- Disaster: means an event that:
(a) causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and (b) requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102 - Disaster recovery account: means the State Disaster Recovery Restricted Account created in Section 53-2a-603. See Utah Code 53-2a-602
- 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 - Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102
- Division: means the Administrative Services Division created in Section 53-1-203. See Utah Code 53-1-202
- Division: means the Management Information Services Division created in Section 53-1-303. See Utah Code 53-1-302
- domestic corporation: means a corporation for profit that:
(a) is not a foreign corporation; and (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102 - Donor: The person who makes a gift.
- Elected official: means :
(a) a person elected to an office under Section 20A-1-303 or 6; (b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or (c) a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). See Utah Code 20A-1-102 - Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Election judge: means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place; (b) act as the presiding election judge; or (c) serve as a canvassing judge, counting judge, or receiving judge. See Utah Code 20A-1-102 - Election officer: means :
(a) the lieutenant governor, for all statewide ballots and elections; (b) the county clerk for: (i) a county ballot and election; and (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102 - Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
- Election results: means :
(a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or (b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102 - Electronic meeting: means a public meeting convened or conducted by means of a conference using electronic communications. See Utah Code 52-4-103
- Electronic message: means a communication transmitted electronically, including:
(a) electronic mail; (b) instant messaging; (c) electronic chat; (d) text messaging, which means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone, computer, or other electronic communication device to another person's telephone, computer, or electronic communication device by addressing the communication to the person's telephone number or other electronic communication access code or number; or (e) any other method that conveys a message or facilitates communication electronically. See Utah Code 52-4-103 - Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
- Emergency disaster services: means :
(A) evacuation; (B) shelter; (C) medical triage; (D) emergency transportation; (E) repair of infrastructure; (F) safety services, including fencing or roadblocks; (G) sandbagging; (H) debris removal; (I) temporary bridges; (J) procurement and distribution of food, water, or ice; (K) procurement and deployment of generators; (L) rescue or recovery; (M) emergency protective measures; or (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as defined by the division by rule, that are generally required in response to a declared disaster. See Utah Code 53-2a-602 - Emergency manager: means an individual designated as the emergency manager for a political subdivision as described in Section 53-2a-1402. See Utah Code 53-2a-102
- Emergency preparedness: means the following done for the purpose of being prepared for an emergency as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) the purchase of equipment; (ii) the training of personnel; or (iii) the obtaining of a certification. See Utah Code 53-2a-602 - Emergency responder: includes :
(i) law enforcement officers, fire fighters, search and rescue personnel, emergency medical technicians, ambulance personnel, Department of Natural Resources employees, park rangers, public utilities workers, and volunteers participating in search and rescue and other emergency management operations; and (ii) persons and parties identified in the interstate mutual aid agreement. See Utah Code 53-2a-502 - Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
- Endowment fund: means an institutional fund, or any part of an institutional fund, not wholly expendable by the institution on a current basis under the terms of a gift instrument. See Utah Code 51-8-102
- Energy: includes the energy resources defined in this chapter. See Utah Code 53-2a-102
- Entity: includes :
(a) a domestic or foreign corporation; (b) a domestic or foreign nonprofit corporation; (c) a limited liability company; (d) a profit or nonprofit unincorporated association; (e) a business trust; (f) an estate; (g) a partnership; (h) a trust; (i) two or more persons having a joint or common economic interest; (j) a state; (k) the United States; or (l) a foreign government. See Utah Code 16-6a-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.
- Executive action: means any of the following actions by the governor during a state of emergency:
(a) an order, a rule, or a regulation made by the governor as described in Section 53-2a-209; (b) an action by the governor to suspend or modify a statute as described in Subsection 53-2a-204(1)(j); or (c) an action by the governor to suspend the enforcement of a statute as described in Subsection 53-2a-209(4). See Utah Code 53-2a-203 - Executive session: A portion of the Senate's daily session in which it considers executive business.
- Exigent circumstances: means a significant change in circumstances following the expiration of a state of emergency declared in accordance with this chapter that:
(a) substantially increases the threat to public safety or health relative to the circumstances in existence when the state of emergency expired; (b) poses an imminent threat to public safety or health; and (c) was not known or foreseen and could not have been known or foreseen at the time the state of emergency expired. See Utah Code 53-2a-203 - Expenses: means actual labor costs of government and volunteer personnel, and materials. See Utah Code 53-2a-102
- Expenses: includes attorneys' fees. See Utah Code 16-6a-901
- Facility: means a site, location, building, structure, or other improvement to property. See Utah Code 51-9-901
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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.
- Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
- Foreign nonprofit corporation: means an entity:
(a) incorporated under a law other than the laws of this state; and (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102 - Fraud: Intentional deception resulting in injury to another.
- Fund: means the Navajo Trust Fund created in Section 51-10-201. See Utah Code 51-10-102
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See Utah Code 51-8-102
- Governing body: means :
(i) for a county, city, or town, the legislative body of the county, city, or town; (ii) for a special district, the board of trustees of the special district; and (iii) for a special service district: (A) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or (B) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 53-2a-602 - Government entity: includes the state, its agencies and institutions, each county, municipality, school district, special district, and special service district in Utah. See Utah Code 52-8-102
- Governor-elect: means an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor. See Utah Code 53-1-102
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-8-102
- Highway: includes :Utah Code 68-3-12.5
- Household member: means a person who resides in the same residence as the public officer. See Utah Code 52-3-1
- Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
- Income: means the revenues from investments made by the state treasurer of the fund principal. See Utah Code 51-10-102
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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 - Infrastructure and Economic Diversification Investment Account: means the Infrastructure and Economic Diversification Investment Account created in Section 51-9-303. See Utah Code 51-9-302
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Institution: means :
(a) a person, other than an individual, organized and operated exclusively for charitable purposes; (b) a government or a governmental subdivision, agency, or instrumentality to the extent that it holds funds exclusively for a charitable purpose; and (c) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. See Utah Code 51-8-102 - Institutional fund: means a fund held by an institution exclusively for charitable purposes. See Utah Code 51-8-102
- 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
- Internal disturbance: means a riot, prison break, terrorism, or strike. See Utah Code 53-2a-102
- Interstate mutual aid agreement: means an agreement that establishes procedures for claims against an out-of-state emergency responder, and that:
(a) is established reciprocally between the Utah Highway Patrol and the Idaho State Police; (b) is on file with the Utah Highway Patrol; and (c) has a duration of one year from the time the agreement is entered into by Utah and Idaho. See Utah Code 53-2a-502 - Investment adviser representative: is a s defined in Section 61-1-13. See Utah Code 51-7-3
- IPAWS: means the Integrated Public Alert and Warning System administered by the Federal Emergency Management Agency. See Utah Code 53-2a-102
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Judicial officer: means any justice or judge of a court of record or any county court judge. See Utah Code 20A-1-102
- 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.
- Land: includes :Utah Code 68-3-12.5
- Law enforcement agency: means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state; (B) a state institution of higher education; or (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102 - Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Legislative emergency response committee: means the Legislative Emergency Response Committee created in Section 53-2a-218. See Utah Code 53-2a-203
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
(a) an excise tax assessed with respect to an employee benefit plan; or (b) reasonable expenses. See Utah Code 16-6a-901 - Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
- Local emergency: means a condition in any municipality or county of the state which requires that emergency assistance be provided by the affected municipality or county or another political subdivision to save lives and protect property within its jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-203
- Local fund: means a local government disaster fund created in accordance with Section 53-2a-605. See Utah Code 53-2a-602
- Local government: means :
(i) a county; (ii) a city or town; or (iii) a special district or special service district that: (A) operates a water system; (B) provides transportation service; (C) provides, operates, and maintains correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners; (D) provides consolidated 911 and emergency dispatch service; (E) operates an airport; or (F) operates a sewage system. See Utah Code 53-2a-602 - Local petition: means :
(a) a manual or electronic local initiative petition described in 5; or (b) a manual or electronic local referendum petition described in 6. See Utah Code 20A-1-1001 - Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
- Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
- Manager: means either:
(a) the state treasurer; or (b) a higher education institution that accepts the responsibility for the management of institutional funds of a different higher education institution. See Utah Code 51-8-102 - Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
- Market value: means market value as defined in the Master Repurchase Agreement. 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 - Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
(a) is created via electronic or mechanical means; and (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102 - Meeting: means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specified body has jurisdiction or advisory power. See Utah Code 52-4-103
- Member: includes :
(i) "voting member"; and (ii) a shareholder in a water company. See Utah Code 16-6a-102 - Mental capacity evaluation: means an evaluation by a qualified medical professional to determine whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
- Monitor: means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the public body who is participating in a meeting. See Utah Code 52-4-103
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
- Municipal executive: means :
(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; (b) the mayor in the council-manager form of government defined in Subsection 10-3b-103(7); or (c) the mayor of a metro township form of government defined in Section 10-3b-102. See Utah Code 20A-1-102 - Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
- Municipal legislative body: means :
(a) the council of the city or town in any form of municipal government; or (b) the council of a metro township. See Utah Code 20A-1-102 - Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
- Municipal officers: means those municipal officers that are required by law to be elected. See Utah Code 20A-1-102
- Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
- Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
- Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53-2a-102
- Natural phenomena: means any earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, or drought. See Utah Code 53-2a-102
- Navajos: means San Juan County, Utah, Navajos. See Utah Code 51-10-102
- 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.
- Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
- Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- 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.
- Office of Trust Administrator: means the office created in Section 51-10-203. See Utah Code 51-10-102
- Officer: means a county officer. See Utah Code 20A-1-901
- Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
- Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
- Official capacity: means :
(i) when used with respect to a director, the office of director in a corporation; and (ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901 - Official endorsement: means the information on the ballot that identifies:
(a) the ballot as an official ballot; (b) the date of the election; and (c) (i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or (ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102 - Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
- Outdoor recreation infrastructure: includes :
(i) a facility used for water sports, snow sports, backpacking, canoeing, canyoning, caving, camping, climbing, hiking, hill walking, hunting, kayaking, rafting, biking, operating a snowmobile or all-terrain vehicle, or any similar motorized or nonmotorized activity; and (ii) a state park, golf course, sports field, playground, toboggan run, sledding hill, trail, paved pedestrian or paved nonmotorized transportation facility, park, pool, waterway, road, bridge, or similar facility. See Utah Code 51-9-901 - Oversight: Committee review of the activities of a Federal agency or program.
- Participate: means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication. See Utah Code 52-4-103
- Participating political subdivision: means each county, municipality, public safety district, and public safety interlocal entity that has not adopted a resolution under Section 53-2a-306 withdrawing itself from the statewide mutual aid system. See Utah Code 53-2a-302
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
- Party related to a director: means :
(a) the spouse of the director; (b) a child of the director; (c) a grandchild of the director; (d) a sibling of the director; (e) a parent of the director; (f) the spouse of an individual described in Subsections (38)(b) through (e); (g) an individual having the same home as the director; (h) a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or (i) any of the following of which the director is a fiduciary: (i) a trust; (ii) an estate; (iii) an incompetent; (iv) a conservatee; or (v) a minor. See Utah Code 16-6a-102 - Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- permanent state trust fund: means the permanent state trust fund created by and operated under Utah Constitution, Article XXII, Section 4. See Utah Code 51-7b-102
- Permanent state trust fund: means the permanent state trust fund created under Utah Constitution Article XXII, Section 4. See Utah Code 51-9-302
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Utah Code 51-8-102
- Person: means :Utah Code 68-3-12.5
- Person: means an:
(a) individual; or (b) entity. See Utah Code 16-6a-102 - Petition: means one of the following written requests, signed by registered voters, appealing to an authority with respect to a particular cause:
(a) a local petition; (b) a petition to consolidate two or more municipalities under Section 10-2-601; (c) a petition for disincorporation of a municipality under Section 10-2-701; (d) a petition to incorporate a proposed municipality under Section 10-2a-208; (e) a petition to consolidate adjoining counties under Section 17-2-103; (f) a petition to annex a portion of a county to an adjoining county under Section 17-2-203; (g) a petition for the creation of a new county under Section 17-3-1; (h) a petition for the removal of a county seat under Section 17-11-2; (i) a petition for the adoption of an optional plan under Section 17-52a-303; (j) a petition for the repeal of an optional plan under Section 17-52a-505; (k) a petition to create a special district under Section 17B-1-203; (l) a petition to withdraw an area from a special district under Section 17B-1-504; (m) a petition to dissolve a special district under Section 17B-1-1303; (n) a petition for issuance of local building authority bonds under Section 17D-2-502; (o) a petition to become a registered political party under Section 20A-8-103; (p) a nomination petition for municipal office under Section 20A-9-203; (q) a nomination petition for a regular primary election under Subsection 20A-9-403(3)(a) and Section 20A-9-405; (r) a petition for a political party to qualify as a municipal political party under Section 20A-9-404; (s) a petition for the nomination of a qualified political party under Section 20A-9-408; (t) a nomination petition for a candidate not affiliated with a political party under Section 20A-9-502; (u) a nomination petition to become a delegate to a ratification convention under Section 20A-15-103; (v) a petition to create a new school district under Section 53G-3-301; (w) a petition to consolidate school districts under Section 53G-3-401; (x) a petition to transfer a portion of a school district to another district under Section 53G-3-501; (y) a petition to determine whether a privatization project agreement should be approved under Section 73-10d-4; or (z) a statewide petition. See Utah Code 20A-1-1001 - Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
- Political subdivision: means the same as that term is defined in Section 11-61-102. See Utah Code 53-2a-102
- Political subdivision: means a municipality, county, special service district, or special district. See Utah Code 53-2a-203
- Poll worker: includes election judges. See Utah Code 20A-1-102
- Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
- Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
- Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Principal: means :
(a) the balance of the fund as of July 1, 2015; and (b) the revenue to the fund from whatever source except income. See Utah Code 51-10-102 - Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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 - Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Promotional literature: means reports whose primary or secondary purpose is to provide nonresidents with information about the government entity that produced the report. See Utah Code 52-8-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
- Provisional ballot: means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place; (b) whose legal right to vote is challenged as provided in this title; or (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102 - Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
- Public body: includes :
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103; (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102; (iii) the Utah Independent Redistricting Commission; and (iv) a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103 - Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
- 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 officer: means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record. See Utah Code 52-7-102
- Public officer: means a person who holds a position that is compensated by public funds. See Utah Code 52-3-1
- Public official: means the same as that term is defined in Section 36-11-102. See Utah Code 53-1-102
- Public safety district: means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, that provides public safety service. See Utah Code 53-2a-302
- Public safety interlocal entity: means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides public safety service. See Utah Code 53-2a-302
- Public safety service: means a service provided to the public to protect life and property and includes fire protection, police protection, emergency medical service, and hazardous material response service. See Utah Code 53-2a-302
- 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: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- 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: means a simple majority of the membership of a public body, unless otherwise defined by applicable law. See Utah Code 52-4-103
- 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.
- Receiving judge: means the poll worker that checks the voter's name in the official register at a polling place and provides the voter with a ballot. See Utah Code 20A-1-102
- Receiving official: means :
(a) the lieutenant governor, unless the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office; or (b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office. See Utah Code 20A-1-802 - Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 51-8-102
- Recording: means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting. See Utah Code 52-4-103
- Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
- Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
- Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
- Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
- Relative: means a father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 52-3-1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Report: means each account, statement, record of proceedings, summary of activities, and other written or printed document required by statute that is prepared or produced by a government entity that is distributed to the public. See Utah Code 52-8-102
- Requesting political subdivision: means a participating political subdivision that requests emergency assistance under Section 53-2a-207 from one or more other participating political subdivisions. See Utah Code 53-2a-302
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
- Responding political subdivision: means a participating political subdivision that responds to a request under Section 53-2a-307 from a requesting political subdivision. See Utah Code 53-2a-302
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Results of the mental capacity evaluation: means a statement by the qualified medical professional who conducts the mental capacity evaluation that the subject officer:
(a) has the mental capacity to fulfill the essential functions of the applicable office, without reasonable accommodations; (b) has the mental capacity to fulfill the essential functions of the applicable office, with specified reasonable accommodations; or (c) lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901 - Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and (b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102 - Reviewing official: means :
(a) except as provided in Subsection (4)(b), the receiving official; or (b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving official appoints another individual as the reviewing official under Subsection 20A-1-803(3)(a). See Utah Code 20A-1-802 - Road: includes :Utah Code 68-3-12.5
- Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
- Service provider: means any of the following that provides a good or service to Navajos:
(a) a business enterprise; (b) a private nonprofit organization; or (c) a government entity. See Utah Code 51-10-102 - Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Significant violation: means :