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.
Affected municipality: means an incorporated city or town:
that is located in the notice area; and
within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or
within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U. See Utah Code 13-14-102
Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
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.
Annual financial report: means a comprehensive annual financial report or similar financial report required by Section 51-2a-201. See Utah Code 11-50-102
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Authorized officer: means any individual required or permitted by any law or by the issuing public entity to execute on behalf of the public entity, a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See Utah Code 15-7-2
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Base taxable value: means :
except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and
for an area described in Subsection 11-58-601(5), the taxable value of that area in calendar year 2017; or
for a project area that consists of land outside the authority jurisdictional land, the taxable value of property within any portion of a project area, as designated by board resolution, from which the property tax differential will be collected, as shown upon the assessment roll last equalized before the year in which the authority adopts a project area plan for that area. See Utah Code 11-58-102
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
Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental purchase agreement. See Utah Code 15-8-3
Catastrophic public nuisance: means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause:
the threat of a catastrophic wildfire demonstrated by:
stand density, basal area, or ground fuel load greater than 150% of land health standards; or
an insect or disease infestation severe enough to threaten the mortality of at least 20% of the trees in the area; or
a condition in the area that threatens the:
quantity or quality of the public water supply of a political subdivision;
health, safety, or welfare of the citizens of a political subdivision;
air quality of a nonattainment area; or
vegetative resources required to support land health and authorized livestock grazing. See Utah Code 11-51a-102
Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chief administrative officer: means the chief administrative officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
Chief executive officer: means :
for a municipality:
the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
the city manager, if the municipality is operating under the council-manager form of government;
for a county:
the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
the county executive officer, if the county is operating under the county-executive form of government; or
the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51a-102
Dependent: A person dependent for support upon another.
Development: means :
the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including publicly owned infrastructure and improvements; and
the planning of, arranging for, or participation in any of the activities listed in Subsection (6)(a). See Utah Code 11-58-102
Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
Devise: To gift property by will.
Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102
Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
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.
Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
Executive director: means the executive director of the commission. See Utah Code 4-38-102
Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Utah Code 15-7-2
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.
Felony: A crime carrying a penalty of more than a year in prison.
fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102
Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers. See Utah Code 15-7-2
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.
Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
the manufacturer, producer, assembler, or distributor of the new motor vehicles;
Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
Inland port: means one or more sites that:
contain multimodal transportation assets and other facilities that:
are related but may be separately owned and managed; and
together are intended to:
allow global trade to be processed and altered by value-added services as goods move through the supply chain;
provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
Inland port use: means a use of land:
for an inland port;
that directly implements or furthers the purposes of an inland port, as stated in Subsection (8);
that complements or supports the purposes of an inland port, as stated in Subsection (8); or
that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
Inspection: means a procedure that an inspector conducts to:
determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
determine the operational safety of a trampoline park facility, including any device or material; and
determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
Inspector: means an individual who:
conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
is certified by:
an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);
represents the insurer of the trampoline park;
represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:
inspects amusement and recreational facilities and equipment; and
certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
Intermodal facility: means a hub or other facility for trade combining any combination of rail, trucking, air cargo, and other transportation services. See Utah Code 11-58-102
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
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.
Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102
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
Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3
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.
Line-make: means :
for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
for a recreational vehicle, a specific series of recreational vehicle product that:
is identified by a common series trade name or trademark;
is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;
has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;
belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
Local regulating authority: means the business licensing division of:
the city, town, or metro township in which the trampoline park is located; or
if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Motion picture theater: means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201. See Utah Code 13-10b-102
Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
Motor vehicle: means :
a travel trailer;
except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102
Obligation: means an agreement by a public entity to pay principal and any interest on the obligation, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Utah Code 15-7-2
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.
Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See Utah Code 15-7-2
official body: means the person or group of persons that is empowered to provide for the original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, or to perform duties with respect to a registered public obligation and any successor of such person or group of persons. See Utah Code 15-7-2
Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
Owner or employee: means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee. See Utah Code 13-10b-102
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 subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-50-102
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.
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.
Primary market area: means :
for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project area: means :
the authority jurisdictional land; or
land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-58-102
Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
public entity: includes , without limitation, this state, an entity deriving powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a municipal corporation, a quasi-municipal corporation, a state university or college, a school district, a special service district, a local district, a separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, a community reinvestment agency, any other political subdivision, a public authority or public agency, a public trust, a nonprofit corporation, or other organizations. See Utah Code 15-7-2
Public entity: means :
the state, including each department, division, or other agency of the state; or
a county, city, town, metro township, school district, local district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-58-102
Quorum: The number of legislators that must be present to do business.
Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102
Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102
Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Utah Code 15-7-2
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.
Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3
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.
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.
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of:
controlling in any way the use and development of the premises upon which a franchisee's business operations are located;
requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or
restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
Taxing entity: means a public entity that levies a tax on property within a project area. See Utah Code 11-58-102
Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
Trampoline court: means an area of a trampoline park comprising:
multiple commercial trampolines; or
at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
Trustee: A person or institution holding and administering property in trust.
Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Utah Code 15-7-2
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Used motor vehicle: means a motor vehicle that:
has been titled and registered to a purchaser other than a franchisee; or
for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
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
Venue: The geographical location in which a case is tried.