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.
Agent: means an individual:
authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26-28-102
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.
Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26-28-102
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.
Applicable area: means :
for a county, the unincorporated area of the county that is included within the proposed local district; or
for a municipality, the area of the municipality that is included within the proposed local district. See Utah Code 17B-1-201
Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
Appraisal: A determination of property value.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
Bioterrorism: means :
the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26-23b-102
Bond: means :
a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
a lease agreement, installment purchase agreement, or other agreement that:
includes an obligation by the district to pay money; and
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.
Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
direct or exercise a controlling influence over:
the management or policies of a financial institution; or
the election of a majority of the directors or trustees of an institution;
vote 20% or more of any class of voting securities of a financial institution by an individual; or
vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103
Control number: means a number assigned by the committee to an individual's health data as an identifier so that the health data can be disclosed or used in research and statistical analysis without readily identifying the individual. See Utah Code 26-33a-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.
County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
Cultivation space: means , quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels. See Utah Code 4-41a-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Data supplier: means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this chapter. See Utah Code 26-33a-102
Decedent: means :
a deceased individual whose body or part is or may be the source of an anatomical gift; and
a stillborn infant; and
subject to restrictions imposed by law other than this chapter, a fetus. See Utah Code 26-28-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
holds or receives deposits, savings, or share accounts;
issues certificates of deposit; or
provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
Depository institution holding company: means :
a person other than an individual that:
has control over a depository institution; or
becomes a holding company of a depository institution under Section 7-1-703; or
a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
disclose: means the communication of health care data to any individual or organization outside the committee, its staff, and contracting agencies. See Utah Code 26-33a-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disinterested witness: means :
a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
another adult who exhibited special care and concern for the individual. See Utah Code 26-28-102
Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26-28-102
Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26-28-102
Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26-28-102
Drainage district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26-28-102
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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
the power and duty to carry laws and ordinances into effect and secure their due observance; and
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 26-1-2
Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 26-28-102
facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a local district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
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.
Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
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.
Governing body: means :
for a county or municipality, the legislative body of the county or municipality; and
Health care provider: means any person, partnership, association, corporation, or other facility or institution that renders or causes to be rendered health care or professional services as a physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech pathologist, certified social worker, social service worker, social service aide, marriage and family counselor, or practitioner of obstetrics, and others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons, and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 26-33a-102
Health care provider: means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians' assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians. See Utah Code 26-23a-1
Health data: means information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26-2-2 shall be excluded. See Utah Code 26-33a-102
Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 26-28-102
Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 26-33a-102
Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26-28-102
Improvement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Independent cannabis testing laboratory: includes a laboratory that the department operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
Independent cannabis testing laboratory agent: means an individual who:
is an employee of an independent cannabis testing laboratory; and
holds a valid cannabis production establishment agent registration card. See Utah Code 4-41a-102
Initiating local district: means a local district that adopts a resolution proposing the creation of a local district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
institution: means any school or college of agriculture, veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control or cure of diseases or abnormal condition of human beings or animals. See Utah Code 26-26-1
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
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.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
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.
Law enforcement agency: means the municipal or county law enforcement agency:
having jurisdiction over the location where the injury occurred; or
if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to the location of the reporting health care provider. See Utah Code 26-23a-1
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: when used to describe the powers, duties, or functions of a county commission or council, refers to:
the power and duty to enact ordinances, levy taxes, and establish budgets; and
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
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.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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 district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers set forth in:
Medical cannabis research license: means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research. See Utah Code 4-41a-102
Medical cannabis research licensee: means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901. See Utah Code 4-41a-102
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. 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.
Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 26-28-102
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
Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 26-33a-102
Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
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 an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 26-28-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Probable cause: A reasonable ground for belief that the offender violated a specific law.
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.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 26-28-102
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public entity: means :
the United States or an agency of the United States;
the state or an agency of the state;
a political subdivision of the state or an agency of a political subdivision of the state;
another state or an agency of that state; or
a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or contract with such an agency, that is responsible for public health matters as part of its official mandate. See Utah Code 26-1-2
Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26-23b-102
Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26-28-102
Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 26-28-102
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 26-28-102
Refusal: means a record created under Section 26-28-107 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26-28-102
Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
is accredited by the Northwest Commission on Colleges and Universities;
grants doctoral degrees; and
has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102
Responsible body: means the governing body of:
the municipality in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single municipality;
the county in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single county and all or part of the proposed local district is located within:
the unincorporated part of the county; or
more than one municipality within the county;
if the petition or resolution proposes the creation of a local district located within more than one county, the county whose boundaries include more of the area of the proposed local district than is included within the boundaries of any other county; or
Self-funded employer: means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments. See Utah Code 26-33a-102
Service applicant: means a person who requests that a local district provide a service that the local district is authorized to provide. See Utah Code 17B-1-102
Service area: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
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.
Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
Sign: means , with the present intent to authenticate or adopt a record:
to execute or adopt a tangible symbol; or
to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26-28-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Slaughter: means :
the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or
the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105
Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
Specialized local district: means a local district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26-28-102
State: means , unless the context demands otherwise:
Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 26-28-102
Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 26-28-102
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
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local district. See Utah Code 17B-1-102