Utah Code > Title 22 > Chapter 3 – Uniform Fiduciary Income and Principal Act
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Terms Used In Utah Code > Title 22 > Chapter 3 - Uniform Fiduciary Income and Principal Act
- Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-10a-102 - ADM: means a full-day equivalent pupil. See Utah Code 53F-2-102
- 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.
- Allocation date: means :
(a) June 20 of the second calendar year after the local school board general election date described in Subsection 53G-3-302(3)(a)(i); or (b) another date that the transition teams under Section 53G-3-302 mutually agree to. See Utah Code 53G-3-102 - 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.
- American Indian and Alaskan Native concentrated school: means a school where at least 29% of the school's students are American Indian or Alaskan Native. See Utah Code 53F-5-601
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- 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
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - Assessment team: means a team consisting of:
(a) the student's parent; (b) the student's private school classroom teacher; (c) special education personnel from the student's school district; and (d) if available, special education personnel from the private school at which the student is enrolled. See Utah Code 53F-4-301 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorized online course provider: means the entities listed in Subsection 53F-4-504(1). See Utah Code 53F-4-501
- Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
- Base tax effort rate: means the average of:
(a) the highest combined capital levy rate; and (b) the average combined capital levy rate for the school districts statewide. See Utah Code 53F-3-102 - Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- basic school program: means public education programs for kindergarten, elementary, and secondary school students that are operated and maintained for the amount derived by multiplying the number of weighted pupil units for each school district or charter school by the value established each year in the enacted public education budget, except as otherwise provided in this chapter. See Utah Code 53F-2-102
- 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
- Bequest: Property gifted by will.
- Blended learning: means a formal education program in which a student learns:
(a) at least in part, through online learning with some element of student control over time, place, path, and pace; (b) at least in part, in a supervised brick-and-mortar location away from home; and (c) in a program in which the modalities along each student's learning path within a course or subject are connected to provide an integrated learning experience. See Utah Code 53F-5-501 - Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Canvass date: means the date of the canvass of an election under Subsection 53G-3-301(5) at which voters approve the creation of a new school district under Section 53G-3-302. See Utah Code 53G-3-102
- Certified online course provider: means a provider that the state board approves to offer courses through the Statewide Online Education Program. See Utah Code 53F-4-501
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Combined capital levy rate: means a rate that includes the sum of the following property tax levies:
(a) (i) the debt service levy authorized in Section 11-14-310; and (ii) the voted capital outlay leeway authorized in Section 53F-8-402; or (b) (i) the capital local levy authorized in Section 53F-8-303; and (ii) the debt service levy authorized in Section 11-14-310. See Utah Code 53F-3-102 - 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.
- Consolidation: means the merger of two or more school districts into a single administrative unit. See Utah Code 53G-3-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate name: means :
(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or (b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102 - 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
- Creation election date: means the date of the election under Subsection 53G-3-301(9) at which voters approve the creation of a new school district under Section 53G-3-302. See Utah Code 53G-3-102
- Credit: means credit for a high school course, or the equivalent for a middle school course, as determined by the state board. See Utah Code 53F-4-501
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Derived net taxable value: means the quotient of:
(a) the total property tax collections from April 1 through the following March 31 for a school district for the calendar year preceding the March 31 date; divided by (b) the school district's total tax rate for the calendar year preceding the March 31 referenced in Subsection (4)(a). See Utah Code 53F-3-102 - Devise: To gift property by will.
- Director: means the director of ULEAD appointed under this part. See Utah Code 53E-10-701
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- eligible junior high school: means a district school or charter school that has at least 50% of the school's students with a family income at or below 185% of the federal poverty level. See Utah Code 53F-5-401
- Eligible partnership: means a partnership that:
(b) has designated a local education agency or local nonprofit organization to act as lead applicant for a grant described in this part. See Utah Code 53F-5-401 - Eligible private school: means a private school that meets the requirements of Section 53F-4-303. See Utah Code 53F-4-301
- Eligible school feeder pattern: means the succession of schools that a student enrolls in as the student progresses from kindergarten through grade 12 that includes, as designated by a local education agency:
(a) a high school; (b) an eligible junior high school that: (i) is a district school within the geographic boundary of the high school described in Subsection (3)(a); or (ii) is a charter school that sends at least 50% of the charter school's students to the high school described in Subsection (3)(a); and (c) an eligible elementary school that: (i) is a district school within the geographic boundary of the high school described in Subsection (3)(a); or (ii) is a charter school that sends at least 50% of the charter school's students to the junior high school described in Subsection (3)(b). See Utah Code 53F-5-401 - Eligible student: means a student:
(a) who intends to take a course for middle school or high school credit; and (b) (i) who is enrolled in an LEA in Utah; or (ii) (A) who attends a private school or home school; and (B) whose custodial parent is a resident of Utah. See Utah Code 53F-4-501 - Eligible student: means a student:
(a) who is eligible to participate in public school, in kindergarten, or grades 1 through 12; (b) who is a resident of the state; (c) who, during the school year for which the student is applying for a scholarship account: (i) does not receive a scholarship under: (A) the Carson Smith Scholarship Program established in Section 53F-4-302; or (B) the Special Needs Opportunity Scholarship Program established in Section 53E-7-402; and (ii) except for a student who is enrolled part-time in accordance with Section 53G-6-702, is not enrolled in an LEA upon receiving the scholarship; (d) whose eligibility is not suspended or disqualified under Section 53F-6-401; and (e) who completes, to maintain eligibility, the portfolio requirement described in Subsection 53F-6-402(3)(d). See Utah Code 53F-6-401 - Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- existing school district: means a school district from which a new district is created. See Utah Code 53G-3-102
- 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.
- Federal poverty level: means the United States 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 53F-6-401
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grant program: means the Personalized, Competency-Based Learning Grants Program created in this part. See Utah Code 53F-5-501
- Grantor: The person who establishes a trust and places property into it.
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- 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
- High school: means grade 9, 10, 11, or 12. See Utah Code 53F-4-501
- Highest combined capital levy rate: means the highest combined capital levy rate imposed by a school district within the state for a fiscal year. See Utah Code 53F-3-102
- Home-based scholarship student: means a student who:
(i) is eligible to participate in public school, in kindergarten or grades 1 through 12; (ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to attend a home school; and (iii) receives a benefit of scholarship funds. See Utah Code 53F-6-401 - Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 53F-5-501
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- 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
- 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
- LEA: means a public:
(a) school district; (b) school; or (c) charter school. See Utah Code 53E-10-701 - LEA: means :
(a) a school district; or (b) a charter school. See Utah Code 53F-4-301 - LEA governing board: means a local school board or charter school governing board. See Utah Code 53F-2-102
- LEA governing board: means :
(a) for a school district, the local school board; (b) for a charter school, the charter school governing board; or (c) for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102 - 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Local education agency: means a school district or charter school. See Utah Code 53F-5-401
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- Middle school: means grade 7 or 8. See Utah Code 53F-4-501
- Minimum School Program: means the state-supported public school programs for kindergarten, elementary, and secondary schools as described in this Subsection (4). See Utah Code 53F-2-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Native American Legislative Liaison Committee: means the committee created in Section 36-22-1. See Utah Code 53F-5-601
- new school district: means a school district created under Section 53G-3-301 or 53G-3-302. See Utah Code 53G-3-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Online course: means a course of instruction offered by the Statewide Online Education Program through the use of digital technology, regardless of whether the student participates in the course at home, at a school, at another location, or any combination of these. See Utah Code 53F-4-501
- Participating institution: means a public or private research institution that enters into an arrangement with the director to provide research and other services described in this part. See Utah Code 53E-10-701
- 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.
- Person: means :Utah Code 68-3-12.5
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Plan for college and career readiness: means the same as that term is defined in Section 53E-2-304. See Utah Code 53F-4-501
- 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.
- 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.
- Preschool: means an education program for a student who:
(a) is age three, four, or five; and (b) has not entered kindergarten. See Utah Code 53F-4-301 - Proceeding: includes :
(a) a civil suit; (b) arbitration or mediation; and (c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-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 scholarship program established in Section 53F-6-402. See Utah Code 53F-6-401
- Program manager: means an organization that:
(a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; (b) is not affiliated with any international organization; (c) does not harvest data for the purpose of reproducing or distributing the data to other entities; (d) has no involvement in guiding or directing any curriculum or curriculum standards; (e) does not manage or otherwise administer a scholarship under: (i) the Carson Smith Scholarship Program established in Section 53F-4-302; or (ii) the Special Needs Opportunity Scholarship Program established in Section 53E-7-402; and (f) an agreement with the state board recognizes as a program manager, in accordance with this part. See Utah Code 53F-6-401 - Program manager employee: means an individual working for the program manager in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from scholarship funds. See Utah Code 53F-6-401
- Program manager officer: means :
(a) a member of the board of a program manager; or (b) the chief administrative officer of a program manager. See Utah Code 53F-6-401 - Property: includes both real and personal property. See Utah Code 68-3-12.5
- Qualifying provider: means one of the following entities that is not a public school and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
(a) an eligible school that the program manager approves in accordance with Section 53F-6-408; or (b) an eligible service provider that the program manager approves in accordance with Section 53F-6-409. See Utah Code 53F-6-401 - 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.
- Relative: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 53F-6-401
- Released-time: means a period of time during the regular school day a student is excused from school at the request of the student's parent pursuant to rules of the state board. See Utah Code 53F-4-501
- 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.
- remaining school district: means an existing district after the creation of a new district. See Utah Code 53G-3-102
- Research clearinghouse: means a collection of information maintained and distributed by ULEAD in accordance with Section 53E-10-706. See Utah Code 53E-10-701
- Restructuring: means the transfer of territory from one school district to another school district. See Utah Code 53G-3-102
- Review committee: means the committee established under Section 53F-5-502. See Utah Code 53F-5-501
- Scholarship account: means the account to which a program manager allocates funds for the payment of approved scholarship expenses in accordance with this part. See Utah Code 53F-6-401
- Scholarship expense: means an expense described in Section 53F-6-402 that a parent or scholarship student incurs in the education of the scholarship student for a service or goods that a qualifying provider provides, including:
(a) tuition and fees of a qualifying provider; (b) fees and instructional materials at a technical college; (c) tutoring services; (d) fees for after-school or summer education programs; (e) textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying provider recommends; (f) educational software and applications; (g) supplies or other equipment related to a scholarship student's educational needs; (h) computer hardware or other technological devices that are intended primarily for a scholarship student's educational needs; (i) fees for the following examinations, or for a preparation course for the following examinations, that the program manager approves: (i) a national norm-referenced or standardized assessment described in Section 53F-6-410, an advanced placement examination, or another similar assessment; (ii) a state-recognized industry certification examination; and (iii) an examination related to college or university admission; (j) educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies; (k) contracted services that the program manager approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities; (l) ride fees or fares for a fee-for-service transportation provider to transport the scholarship student to and from a qualifying provider, not to exceed $750 in a given school year; (m) expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or (n) any other expense for a good or service that: (i) a parent or scholarship student incurs in the education of the scholarship student; and (ii) the program manager approves, in accordance with Subsection (4)(d). See Utah Code 53F-6-401 - Scholarship funds: means :
(a) funds that the Legislature appropriates for the program; and (b) interest that scholarship funds accrue. See Utah Code 53F-6-401 - Scholarship student: means a student who receives a scholarship under this part. See Utah Code 53F-4-301
- Scholarship student: means an eligible student, including a home-based scholarship student, for whom the program manager establishes and maintains a scholarship account in accordance with this part. See Utah Code 53F-6-401
- selection committee: means the committee created in Section 53E-10-704 that appoints the director. See Utah Code 53E-10-701
- 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
- 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 board: means the State Board of Education. See Utah Code 53E-1-102
- State plan: means the state plan adopted under Laws of Utah 2015, Chapter 53, Section 7. See Utah Code 53F-5-601
- State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
- Statute: A law passed by a legislature.
- Steering committee: means the committee that:
(a) advises the director; (b) sets research priorities as described in this part; and (c) is created in Section 53E-10-707. See Utah Code 53E-10-701 - STEM: means science, technology, engineering, and mathematics. See Utah Code 53F-5-501
- Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Trustee: A person or institution holding and administering property in trust.
- ULEAD: means Utah Leading through Effective, Actionable, and Dynamic Education through the efforts of the director, participating institutions, and the steering committee as described in this part. See Utah Code 53E-10-701
- 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
- Value of the weighted pupil unit: means the amount established each year in statute that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53F-4-301
- Writing: includes :Utah Code 68-3-12.5