Terms Used In Utah Code > Title 20A > Chapter 7 > Part 5 - Local Initiatives - Procedures

• Account agreement: means an agreement between an account owner and the Utah Educational Savings Plan entered into under this chapter. See Utah Code 53B-8a-102
• Account owner: means a person, estate, or trust, if that person, estate, or trust has entered into an account agreement under this chapter to save for the higher education costs on behalf of a beneficiary. See Utah Code 53B-8a-102
• Administrative fund: means the money used to administer the Utah Educational Savings Plan. See Utah Code 53B-8a-102.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• 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.
• 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
• Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the Utah Higher Education Assistance Authority. See Utah Code 53B-7-801
• 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
• Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:

  (a)	an opinion question specifically authorized by the Legislature;

  (b)	a constitutional amendment;

  (c)	an initiative;

  (d)	a referendum;

  (e)	a bond proposition;

  (f)	a judicial retention question;

  (g)	an incorporation of a city or town; or

  (h)

  any other ballot question specifically authorized by the Legislature. 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 Beneficiary: means the individual designated in an account agreement to benefit from the amount saved for higher education costs. See Utah Code 53B-8a-102 Bequest: Property gifted by will. Board: means the board of directors of the Utah Educational Savings Plan, which is the Utah Board of Higher Education acting in the Utah Board of Higher Education's capacity as the Utah Higher Education Assistance Authority under Title 53B, Chapter 12, Higher Education Assistance Authority. See Utah Code 53B-8a-102.5 Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5 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 Budget officer: means : (a)  for a county, the person designated as finance officer as defined in Section 17-36-3; (b)  for a city, the person designated as budget officer in Subsection 10-6-106(4); (c)  for a town, the town council; or (d)  for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. See Utah Code 20A-7-101 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 Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101 Child: means an individual who: (a)  is a natural or adopted child of a deceased peace officer or deceased firefighter; and (b)  was under the age of 25 at the time of the peace officer's or firefighter's death. See Utah Code 53B-8c-102 Child: means an individual less than 20 years of age. See Utah Code 53B-8a-201 Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. See Utah Code 20A-7-101 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Community partner: means a nonprofit organization that provide services to a child who is economically disadvantaged or a family member, legal guardian, or legal custodian of a child who is economically disadvantaged. See Utah Code 53B-8a-201 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. County legislative body: means :Utah Code 68-3-12.5 degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5 Department: means the Department of Public Safety. See Utah Code 53B-8c-102 Dependent: A person dependent for support upon another. Devise: To gift property by will. Division: means the Division of Child and Family Services. See Utah Code 53B-8d-102 Donation: means a gift, grant, donation, or any other conveyance of money by a person other than the Legislature that is not made directly for the benefit or on behalf of a particular individual. See Utah Code 53B-8a-201 Donor: The person who makes a gift. Economically disadvantaged: means that a child is: (a)  experiencing intergenerational poverty; (b)  a member or foster child of a family with an annual income at or below 185% of the federal poverty level; (c)  living with a legal custodian or legal guardian with an annual family income at or below 185% of the federal poverty level; or (d)  living with a legal custodian or legal guardian who can attest that the child or the child's household is receiving services benefitting low-income households or individuals. See Utah Code 53B-8a-201 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 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 Electronic initiative process: means : (a)  as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or (b)  as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101 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 Eligible individual: means an individual who: (a)  is under 20 years of age and is a resident of Utah; (b)  is economically disadvantaged; and (c)  receives, or has a family member, a foster family member, or a legal custodian or legal guardian who receives, services from a community partner. See Utah Code 53B-8a-201 Endowment: means the Higher Education Student Success Endowment created in Section 53B-7-802. See Utah Code 53B-7-801 Endowment fund: means the endowment fund established under Section 53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan. See Utah Code 53B-8a-102.5 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 administrator appointed to administer and manage the Utah Educational Savings Plan. See Utah Code 53B-8a-102.5 Federal poverty level: means the poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 53B-8a-201 Fees: means general course fees, in addition to tuition, that are: (i)  imposed by a state institution of higher education; and (ii)  required to be paid by a student to engage in a course of study at the state institution of higher education. See Utah Code 53B-8c-102 Fiduciary: A trustee, executor, or administrator. Final fiscal impact statement: means a financial statement prepared after voters approve an initiative that contains the information required by Subsection 20A-7-202. See Utah Code 20A-7-101 firefighter: means a member, including volunteer members and members paid on call, of a fire department or other organization that provides fire suppression and other fire-related services, of a political subdivision who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires. See Utah Code 53B-8c-102 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Grantor trust: means a trust, the income of which is for the benefit of the grantor under Section 677, Internal Revenue Code. See Utah Code 53B-8a-102.5 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Higher education costs: means qualified higher education expenses as defined in Section 529(e)(3), Internal Revenue Code. See Utah Code 53B-8a-102.5 Higher education costs: means the same as that term is defined in Section 53B-8a-102. See Utah Code 53B-8a-201 Highway: includes :Utah Code 68-3-12.5 Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section 20A-7-502. See Utah Code 20A-7-101 Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101 Initiative application: means : (a)  for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or (b)  for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101 Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101 Intergenerational poverty: means the same as that term is defined in Section 35A-9-102. See Utah Code 53B-8a-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. Killed: means that the peace officer's or firefighter's death is the direct and proximate result of a traumatic injury incurred in the line of duty. See Utah Code 53B-8c-102 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 Legacy: A gift of property made by will. Legal signatures: means the number of signatures of legal voters that: (a)  meet the numerical requirements of this chapter; and (b)  have been obtained, certified, and verified as provided in this chapter. See Utah Code 20A-7-101 Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101 Legally referable to voters: means : (a)  for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Line of duty: means an action that a peace officer or firefighter is obligated or authorized to perform by rule, regulation, condition of employment or service, or law, including a social, ceremonial, or athletic function that the peace officer or firefighter is assigned to or compensated for by the public agency being served. See Utah Code 53B-8c-102 Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101 Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101 Local law: includes : (i)  an ordinance; (ii)  a resolution; (iii)  a land use law; (iv)  a land use regulation, as defined in Section 10-9a-103; or (v)  other legislative action of a local legislative body. See Utah Code 20A-7-101 Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101 Long-term foster care: means an individual who remains in the custody of the division, whether or not the individual resides: (a)  with licensed foster parents; or (b)  in independent living arrangements under the supervision of the division. See Utah Code 53B-8d-102 Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101 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 Municipality: means a city, town, or metro township. See Utah Code 20A-1-102 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC 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. Occupational disease: means a disease that routinely constitutes a special hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's occupation. See Utah Code 53B-8c-102 Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102 Oversight: Committee review of the activities of a Federal agency or program. Owner of the grantor trust: means one or more individuals who are treated as an owner of a trust under Section 677, Internal Revenue Code, if that trust is a grantor trust. See Utah Code 53B-8a-102.5 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. peace officer: means an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 53B-8c-102 Person: means :Utah Code 68-3-12.5 Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 53B-8a-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 Student Prosperity Savings Program created in Section 53B-8a-202. See Utah Code 53B-8a-201 Program fund: means the program fund created under Section 53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan. See Utah Code 53B-8a-102.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit. 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 investment: means an amount invested in accordance with an account agreement established under this part. See Utah Code 53B-8a-102.5 Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101 Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101 Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101 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 State institution of higher education: means those institutions designated in Section 53B-1-102. See Utah Code 53B-8c-102 State institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 53B-8d-102 Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101 Tax percentage increase: means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. See Utah Code 20A-7-101 Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5 Technical education: means career and technical education that:Utah Code 53B-1-101.5 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Traumatic injury: means a wound or the condition of the body caused by external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria, but excluding an occupational disease. See Utah Code 53B-8c-102 Trustee: A person or institution holding and administering property in trust. Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-8c-102 Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8d-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101 Veteran: means an individual who:Utah Code 68-3-12.5 Voter: means an individual who: (a)  meets the requirements for voting in an election; (b)  meets the requirements of election registration; (c)  is registered to vote; and (d)  is listed in the official register book. See Utah Code 20A-1-102 Ward of the state: means an individual: (a)  who is: (i)  at least 17 years old; and (ii)  not older than 26 years old; (b)  who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409, of long-term foster care while in the custody of the division; and (c)  for whom the custody of the division was not terminated as a result of adoption. See Utah Code 53B-8d-102 Writing: includes :Utah Code 68-3-12.5