Terms Used In Utah Code > Title 63A > Chapter 5b - Administration of State Facilities

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Agency optional term: means an option that is exclusively exercisable by a leasing agency to extend the lease term. See Utah Code 63A-5b-801
• 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.
• Applicant: means a person who submits a timely, qualified proposal to the division. See Utah Code 63A-5b-901
• Application: means a document:

  (a)

  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or

  (b)

  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 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 business of insurance: includes : (a)  providing health care insurance by an organization that is or is required to be licensed under this title; (b)  providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either: (i)  by a single employer or by multiple employer groups; or (ii)  through one or more trusts, associations, or other entities; (c)  providing an annuity: (i)  including an annuity issued in return for a gift; and (ii)  except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3); (d)  providing the characteristic services of a motor club; (e)  providing another person with insurance; (f)  making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance; (g)  transacting or proposing to transact any phase of title insurance, including: (i)  solicitation; (ii)  negotiation preliminary to execution; (iii)  execution of a contract of title insurance; (iv)  insuring; and (v)  transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance; (h)  transacting or proposing a life settlement; and (i)  doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301 Capital development project: means : (i)  a remodeling or site or utility improvement project with a total cost of $3,500,000 or more; (ii)  a new facility with a construction cost of $500,000 or more; or (iii)  a purchase of real property if an appropriation is requested and made for the purchase. See Utah Code 63A-5b-401 Capital improvement project: means : (a)  a remodeling, alteration, replacement, repair, or site or utility improvement project: (i)  with a total cost of less than $3,500,000; or (ii)  (A)  with a total cost of $3,500,000 or more; and (B)  that will be paid for with funds that are not state funds; (b)  a utility infrastructure improvement project that: (i)  has a total cost of less than $7,000,000; (ii)  consists of two or more projects that, if done separately, would each cost less than $3,500,000; and (iii)  the division determines is more cost effective or feasible to be completed as a single project; or (c)  a new facility with a total construction cost of less than $500,000. See Utah Code 63A-5b-401 Capitol hill facilities: means the same as that term is defined in Section 63C-9-102. See Utah Code 63A-5b-102 Capitol hill grounds: means the same as that term is defined in Section 63C-9-102. See Utah Code 63A-5b-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 classification: means the process of grouping risks with similar risk characteristics so that differences in anticipated costs may be recognized. See Utah Code 31A-19a-102 Compliance agency: means the same as that term is defined in Section 15A-1-202. See Utah Code 63A-5b-102 Condemnee: means the same as that term is defined in Section 78B-6-520. See Utah Code 63A-5b-901 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. Department: means the Department of Government Operations. See Utah Code 63A-1-103 Department: means the Insurance Department. See Utah Code 31A-1-301 Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102 Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901 Donor: The person who makes a gift. Energy efficiency measure: means an action taken or initiated by an agency that: (a)  reduces the agency's energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or (b)  increases the agency's energy or fuel efficiency or resource consumption efficiency. See Utah Code 63A-5b-1001 Energy efficiency program: means a program established under Section 63A-5b-1002 for the purpose of improving energy efficiency measures and reducing the energy costs for state facilities. See Utah Code 63A-5b-1001 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103 Facility: means any building, structure, or other improvement that is constructed: (i)  on property that the state or any of the state's departments, commissions, institutions, or agencies owns; or (ii)  by the state or any of the state's departments, commissions, institutions, or agencies on property that the state does not own. See Utah Code 63A-5b-601 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fiduciary: A trustee, executor, or administrator. Filed: means that a filing is: (i)  submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii)  received by the department within the time period provided in applicable statute, rule, or filing order; and (iii)  accompanied by the appropriate fee in accordance with: (A)  Section 31A-3-103; or (B)  rule. See Utah Code 31A-1-301 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. Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 Fraud: Intentional deception resulting in injury to another. Fund: means the State Facility Energy Efficiency Fund created in Section 63A-5b-1003. See Utah Code 63A-5b-1001 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. High-cost lease: means a real property lease that: (a)  has an initial term including any agency optional term of 10 years or more; or (b)  will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term. See Utah Code 63A-5b-801 Highway: includes :Utah Code 68-3-12.5 Individual: means a natural person. See Utah Code 31A-1-301 Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-102 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Joint underwriting: means a voluntary arrangement established to provide insurance coverage for a risk pursuant to which two or more insurers jointly contract with the insured at a price and under policy terms agreed upon between the insurers. See Utah Code 31A-19a-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 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 Leasing agency: means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 63A-5b-801 Liability insurance: includes : (i)  vehicle liability insurance; (ii)  residential dwelling liability insurance; and (iii)  making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Local government: means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency. See Utah Code 63A-5b-601 Local government entity: means a county, city, town, metro township, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901 Market: means the interaction between buyers and sellers consisting of a: (i)  product component; and (ii)  geographic component. See Utah Code 31A-19a-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 New facility: includes : (i)  an addition to an existing building; and (ii)  the enclosure of space that was not previously fully enclosed. See Utah Code 63A-5b-401 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. Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. Performance efficiency agreement: means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment. See Utah Code 63A-5b-1001 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). See Utah Code 63A-5b-901 Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prospective loss costs: means the same as pure premium rate. See Utah Code 31A-19a-102 Public purpose nonprofit entity: means a corporation, association, organization, or entity that: (a)  is located within the state; (b)  is not a state agency or local government entity; (c)  is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and (d)  operates to fulfill a public purpose. See Utah Code 63A-5b-901 Qualified proposal: means a written proposal that: (a)  meets the criteria established by the division by rule under Section 63A-5b-903; (b)  if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and (c)  the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901 Rate: means that cost of insurance per exposure unit either expressed as: (i)  a single number; or (ii)  as a pure premium rate, adjusted before any application of individual risk variations, based on loss or expense considerations to account for the treatment of: (A)  expenses; (B)  profit; and (C)  individual insurer variation in loss experience. See Utah Code 31A-19a-102 Rate service organization: means a person who assists an insurer in rate making or filing by: (i)  collecting, compiling, and furnishing loss or expense statistics; (ii)  recommending, making, or filing rates or supplementary rate information; or (iii)  advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301 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. Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301 Replacement cost: means , as determined by the Division of Risk Management: (a)  for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and (b)  for infrastructure, as defined by the director, the cost to replace the infrastructure. See Utah Code 63A-5b-401 Road: includes :Utah Code 68-3-12.5 Secondary state agency: means a state agency: (a)  that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and (b)  for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901 Significant lease terms: includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property. See Utah Code 63A-5b-801 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 agency: means a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901 State facility: means any building, structure, or other improvement that is constructed on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant. See Utah Code 63A-5b-1001 State funds: means public money appropriated by the Legislature. See Utah Code 63A-5b-401 Statute: A law passed by a legislature. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901 Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102 under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Board of Higher Education: means the Utah Board of Higher Education established in Section 53B-1-402. See Utah Code 63A-5b-102 Vacant division-owned property: means division-owned property that: (a)  a primary state agency is not occupying or using; and (b)  the director has determined should be made available for: (i)  use or occupancy by a primary state agency; or (ii)  a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901 Writing: includes :Utah Code 68-3-12.5 Written proposal: means a brief statement in writing that explains: (a)  the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and (b)  how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901