Utah Code > Title 65A > Chapter 7 – Sale, Exchange, and Lease of State Lands


§ 65A-7-1	Division to make rules for the sale, exchange, or lease of state lands
§ 65A-7-5	Surface leases — Procedures for issuing leases — Leases for the construction of a highway facility
§ 65A-7-6	Lease covenants
§ 65A-7-7	Exchanges of sovereign lands — Based on equal value — Lands encumbered by a lease
§ 65A-7-8	Easements on state lands — Division to make rules

Terms Used In Utah Code > Title 65A > Chapter 7 - Sale, Exchange, and Lease of State Lands

Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
administrative fee: means a fee charged to a client by a professional employer organization for a professional employer service. See Utah Code 31A-40-102
Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301

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

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

authorized insurer: means an insurer:

(i)	holding a valid certificate of authority to do an insurance business in this state; and

(ii)

transacting business as authorized by a valid certificate. See Utah Code 31A-1-301

Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102

Contract: A legal written agreement that becomes binding when signed.

Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102

Deed: The legal instrument used to transfer title in real property from one person to another.

Department: means the Insurance Department. See Utah Code 31A-1-301

Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1

Employee: means :

(a)	an individual employed by an employer; or

(b)

an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301

Employment related economic incentive: means :

(a)

(i)	a credit against or exemption from taxes due the state or a political subdivision of the state; or

(ii)	an economic inducement, including a loan or a grant; and

(b)

if the credit, exemption, or economic inducement described in Subsection (8)(a):

(i)	is offered by the state or a political subdivision of the state; and

(ii)

has an eligibility requirement that relates in whole or in part to employment including:

(A)	the number of employees; or

(B)

the nature of the employment. See Utah Code 31A-40-102

Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301

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.

Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301

Highway: includes :Utah Code 68-3-12.5

Individual: means a natural person. See Utah Code 31A-1-301

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

Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:

(i)	a policyholder;

(ii)	a subscriber;

(iii)

a member; and

(iv)

a beneficiary. See Utah Code 31A-1-301

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}

License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Order: means an order of the commissioner. See Utah Code 31A-1-301

Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301

Person: means :Utah Code 68-3-12.5

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

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for:

(a)	the coemployment of a covered employee;

(b)

with respect to a covered employee, the allocation of a right or obligation of an employer between:

(i)	the client; and

(ii)	the professional employer organization; and

(c)

the assumption of the obligations imposed by this chapter by:

(i)	the client; or

(ii)

the professional employer organization. See Utah Code 31A-40-102

professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102

Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102

Property: includes both real and personal property. See Utah Code 68-3-12.5

Qualified actuary: means an individual who:

(a)	is a member in good standing of a professional actuarial accreditation organization designated by the department by rule;

(b)

is qualified to sign a statement of actuarial opinion or annual statement for a professional employer organization in accordance with the qualification standards for an actuary signing an opinion or annual statement as provided by the professional actuarial accreditation organization designated under Subsection (19)(a);

(c)	is familiar with the valuation requirements applicable to a professional employer organization;

(d)

has not been found by the commissioner, or if so found has subsequently been reinstated as a qualified actuary, following appropriate notice and hearing to have:

(i)	violated a provision of, or an obligation imposed by, statute or other law in the course of the actuary's dealings as a qualified actuary;

(ii)	been found guilty of a fraudulent or dishonest practice;

(iii)

demonstrated the actuary's incompetency, lack of cooperation, or untrustworthiness to act as a qualified actuary;

(iv)	submitted to the commissioner during the past five years, pursuant to this rule, an actuarial opinion or memorandum that the commissioner rejected because it did not meet the provisions of rule; or

(v)	resigned or been removed as an actuary within the past five years as a result of an act or omission indicated in an adverse report on examination or as a result of failure to adhere to a generally acceptable actuarial standard; and

(e)

has not failed to notify the commissioner of an action taken by any commissioner of another state similar to that under Subsection (19)(d). See Utah Code 31A-40-102

Rate: means :

(i)	the cost of a given unit of insurance; or

(ii)

for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

(A)	a single number; or

(B)

a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

(I)

expenses;

(II)	profit; and

(III)

individual insurer variation in loss experience. See Utah Code 31A-1-301

Security: means a:

(i)

note;

(ii)

stock;

(iii)

bond;

(iv)	debenture;

(v)	evidence of indebtedness;

(vi)	certificate of interest or participation in a profit-sharing agreement;

(vii)

collateral-trust certificate;

(viii)

preorganization certificate or subscription;

(ix)	transferable share;

(x)	investment contract;

(xi)	voting trust certificate;

(xii)

certificate of deposit for a security;

(xiii)

certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;

(xiv)

commodity contract or commodity option;

(xv)	certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or

(xvi)

another interest or instrument commonly known as a security. See Utah Code 31A-1-301

Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:

(i)

(A)	employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or

(B)	if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;

(ii)	employs at least one employee on the first day of the plan year; and

(iii)

for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301

Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1

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 lands: means all lands administered by the division. See Utah Code 65A-1-1

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}