§ 7-19-1 Definitions
§ 7-19-2 Supervisory acquisition or merger authorized or required by commissioner
§ 7-19-3 Waiver of procedures
§ 7-19-4 Rights and powers of acquired or resulting institution or holding company
§ 7-19-5 Findings prerequisite to requiring or authorizing supervisory acquisitions or mergers by commissioner
§ 7-19-5.5 Transferred assets free of encumbrances
§ 7-19-9 Commissioner’s powers not limited — Immunity — Rules — Reports

Terms Used In Utah Code > Title 7 > Chapter 19

  • Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
  • 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.
  • 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.
  • Agent of a reporting entity: means :
    (a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
    (b) a person employed by a reporting entity in the reporting entity's capacity as a reporting entity;
    (c) the personal campaign committee of a candidate or officeholder;
    (d) a member of the personal campaign committee of a candidate or officeholder in the member's capacity as a member of the personal campaign committee of the candidate or officeholder; or
    (e) a political consultant of a reporting entity. See Utah Code 20A-11-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Ballot proposition: includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. See Utah Code 20A-11-101
  • Board: means the Board of State History. See Utah Code 9-8-102
  • bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
  • Candidate: means any person who:
    (a) files a declaration of candidacy for a public office; or
    (b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
  • Candidates for elective office: means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office. See Utah Code 20A-9-101
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certified mail: means :
    (a) a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or
    (b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. See Utah Code 38-8-1
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • 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.
  • Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
  • Continuing political party: means the same as that term is defined in Section 20A-8-101. See Utah Code 20A-9-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who, under contract with the owner or an operator designated by an owner, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
    (iii) any transfer of funds from another reporting entity to the filing entity;
    (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
    (v) remuneration from:
    (A) any organization or its directly affiliated organization that has a registered lobbyist; or
    (B) any agency or subdivision of the state, including school districts;
    (vi) a loan made by a candidate deposited to the candidate's own campaign; and
    (vii) in-kind contributions. See Utah Code 20A-11-101
  • Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution;
    (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or
    (c) 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
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Coordinated with: means that goods or services provided for the benefit of a political entity are provided:
    (a) with the political entity's prior knowledge, if the political entity does not object;
    (b) by agreement with the political entity;
    (c) in coordination with the political entity; or
    (d) using official logos, slogans, and similar elements belonging to a political entity. See Utah Code 20A-11-101
  • 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.
  • Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:
    (i) the purpose of expressly advocating for political purposes; or
    (ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101
  • County legislative body: means :Utah Code 68-3-12.5
  • County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
  • County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the county political party, are members of the registered political party. See Utah Code 20A-8-101
  • County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the political party, are members of the registered political party. See Utah Code 20A-11-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default: means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement. See Utah Code 38-8-1
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Department of Heritage and Arts. See Utah Code 9-1-102
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) 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 :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (ii) 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
  • Detailed listing: means :
    (a) for each contribution or public service assistance:
    (i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;
    (ii) the amount or value of the contribution or public service assistance; and
    (iii) the date the contribution or public service assistance was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the person or entity to whom it was disbursed;
    (iii) the specific purpose, item, or service acquired by the expenditure; and
    (iv) the date the expenditure was made. See Utah Code 20A-11-101
  • Director: means the director of the Division of State History. See Utah Code 9-8-102
  • Division: means the Division of State History. See Utah Code 9-8-102
  • Docket: A log containing brief entries of court proceedings.
  • Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. See Utah Code 20A-1-102
  • Election: means each:
    (a) regular general election;
    (b) regular primary election; and
    (c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Election returns: includes the pollbook, the military and overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes cast form. See Utah Code 20A-1-102
  • Email: means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals, including electronic messages that are transmitted within or between computer networks. See Utah Code 38-8-1
  • 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 Heritage and Arts. See Utah Code 9-1-102
  • Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
    (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
    (v) a transfer of funds between the filing entity and a candidate's personal campaign committee; or
    (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value. See Utah Code 20A-11-101
  • Failing or failed depository institution: means a depository institution under the jurisdiction of the department:
    (a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
    (b) that meets the requirements of Subsection 7-2-1(1)(l);
    (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or
    (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1
  • Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:
    (a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
    (b) that meets the requirements of Subsection 7-2-1(1)(l);
    (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);
    (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or
    (e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1
  • 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 office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Filing entity: means the reporting entity that is required to file a financial statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
  • Filing officer: means :
    (a) the lieutenant governor, for:
    (i) the office of United States Senator and United States Representative; and
    (ii) all constitutional offices;
    (b) for the office of a state senator or state representative, the lieutenant governor or the applicable clerk described in Subsection (6)(c) or (d);
    (c) the county clerk, for county offices and local school district offices;
    (d) the county clerk in the filer's county of residence, for multicounty offices;
    (e) the city or town clerk, for municipal offices; or
    (f) the local district clerk, for local district offices. See Utah Code 20A-9-101
  • Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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 board: means the individual or group of individuals that determine the candidates and committees that will receive expenditures from a political action committee, political party, or corporation. See Utah Code 20A-11-101
  • Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102
  • Incorporation: means the process established by Title 10, Chapter 2a, Municipal Incorporation, by which a geographical area becomes legally recognized as a city, town, or metro township. See Utah Code 20A-11-101
  • Incorporation election: means the election conducted under Section 10-2a-210 or 10-2a-404. See Utah Code 20A-11-101
  • Incorporation petition: means a petition described in Section 10-2a-208. See Utah Code 20A-11-101
  • Individual: means a natural person. See Utah Code 20A-11-101
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
  • 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
  • Last known address: means the postal address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the postal address provided in the written notice of a change of address. See Utah Code 38-8-1
  • 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 office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • 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.
  • Lien claimant: means contractors and subcontractors who claim a lien under this chapter. See Utah Code 38-10-101
  • Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any of the following provided by a person that benefits a filing entity if the person expects repayment or reimbursement:
    (a) an expenditure made using any form of payment;
    (b) money or funds received by the filing entity;
    (c) the provision of a good or service with an agreement or understanding that payment or reimbursement will be delayed; or
    (d) use of any line of credit. See Utah Code 20A-11-101
  • Local district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Local Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • Local political subdivision: means a county, a municipality, a local district, or a local school district. See Utah Code 20A-1-102
  • Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
    (a) is created via electronic or mechanical means; and
    (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
  • Mine: means a mining claim, mineral deposit, ore deposit, quarry, or mining lease and any related shaft, tunnel, incline, drift, or excavation. See Utah Code 38-10-101
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
  • Municipal general election: means the election held in municipalities and, as applicable, local districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-9-101
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Occupant: means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Utah Code 38-8-1
  • Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • 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
  • Owner: means :
    (a) the owner, operator, lessor, or sublessor of a self-service storage facility;
    (b) an agent of a person described in Subsection (7)(a); or
    (c) any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement. See Utah Code 38-8-1
  • Owner: means a person holding any operating right, working interest, or interest in the legal or equitable title, to any real property, mine, oil lease, gas lease, well, or any combination of these, unless otherwise provided in this chapter. See Utah Code 38-10-101
  • 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.
  • Party committee: means any committee organized by or authorized by the governing board of a registered political party. See Utah Code 20A-11-101
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Person: means :Utah Code 68-3-12.5
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
  • Personal property: means movable property not affixed to land and includes goods, merchandise, and household items. See Utah Code 38-8-1
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal use expenditure: includes :
    (i) a mortgage, rent, utility, or vehicle payment;
    (ii) a household food item or supply;
    (iii) clothing, except for clothing:
    (A) bearing the candidate's name or campaign slogan or logo; and
    (B) used in the candidate's campaign;
    (iv) an admission to a sporting, artistic, or recreational event or other form of entertainment;
    (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
    (vi) a salary payment made to:
    (A) a candidate or officeholder; or
    (B) a person who has not provided a bona fide service to a candidate or officeholder;
    (vii) a vacation;
    (viii) a vehicle expense;
    (ix) a meal expense;
    (x) a travel expense;
    (xi) a payment of an administrative, civil, or criminal penalty;
    (xii) a satisfaction of a personal debt;
    (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
    (xiv) a membership fee for a professional or service organization; and
    (xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104
  • Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
  • Political consultant: includes a circumstance described in Subsection (36)(a), where the person:
    (i) has already been paid, with money or other consideration;
    (ii) expects to be paid in the future, with money or other consideration; or
    (iii) understands that the person may, in the discretion of the reporting entity or another person on behalf of and with the knowledge of the reporting entity, be paid in the future, with money or other consideration. See Utah Code 20A-11-101
  • Political convention: means a county or state political convention held by a registered political party to select candidates. See Utah Code 20A-11-101
  • Political division: includes a county, a city, a town, a local district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
  • Political entity: means a candidate, a political party, a political action committee, or a political issues committee. See Utah Code 20A-11-101
  • Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
    (i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
    (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
    (iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
  • Political issues expenditure: means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:
    (i) any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (iii) an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;
    (iv) compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; or
    (v) goods or services provided to or for the benefit of another reporting entity at less than fair market value. See Utah Code 20A-11-101
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
    (a) candidate or a person seeking a municipal or county office at any caucus, political convention, or election; or
    (b) judge standing for retention at any election. See Utah Code 20A-11-101
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
  • 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 election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Production unit: means :
    (a) the drilling unit for a well established by lawful order or rule of the Board of Oil, Gas, and Mining in which the well is located; or if not applicable, 40 acres comprising the quarter-quarter section, or equivalent legal subdivision, in which the well is located; or
    (b) a mine, and if work is performed upon or materials or equipment furnished to any part of the mine from which two or more mines are worked, the production unit shall extend to the owner's interest in the mines so worked. See Utah Code 38-10-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Provisional ballot: means a ballot voted provisionally by a person:
    (a) whose name is not listed on the official register at the polling place;
    (b) whose legal right to vote is challenged as provided in this title; or
    (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
  • Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
    (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
    (ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
  • Publicly identified class of individuals: means a group of 50 or more individuals sharing a common occupation, interest, or association that contribute to a political action committee or political issues committee and whose names can be obtained by contacting the political action committee or political issues committee upon whose financial statement the individuals are listed. See Utah Code 20A-11-101
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
  • Qualified political party: means a registered political party that:
    (a) 
    (i) permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or
    (ii) provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;
    (b) does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;
    (c) permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:
    (i) seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or
    (ii) seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and
    (d) 
    (i) if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Registered lobbyist: means a person licensed under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act. See Utah Code 20A-11-101
  • Registered political action committee: means any political action committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
  • Registered political issues committee: means any political issues committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
  • Registered political party: means an organization of voters that:
    (a) participated in the last regular general election and polled a total vote equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives for any of its candidates for any office; or
    (b) has complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-11-101
  • registered political party: means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state. See Utah Code 20A-9-801
  • Registered political party: means an organization of voters that:
    (a) 
    (i) participated in the last regular general election; and
    (ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
    (b) has complied with the petition and organizing procedures of this chapter. See Utah Code 20A-8-101
  • Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
  • 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.
  • Remuneration: means a payment:
    (i) made to a legislator for the period the Legislature is in session; and
    (ii) that is approximately equivalent to an amount a legislator would have earned during the period the Legislature is in session in the legislator's ordinary course of business. See Utah Code 20A-11-101
  • Rental agreement: means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions relating to the use and occupancy of a unit or space at a self-service storage facility. See Utah Code 38-8-1
  • Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • School board office: means the office of state school board. See Utah Code 20A-11-101
  • Self-service storage facility: means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. See Utah Code 38-8-1
  • 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
  • Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102
  • Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • 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 office: means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-11-101
  • State office candidate: means a person who:
    (a) files a declaration of candidacy for a state office; or
    (b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a state office. See Utah Code 20A-11-101
  • State political party: means , for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party. See Utah Code 20A-8-101
  • Statute: A law passed by a legislature.
  • Subcontractor: means any person, other than the contractor, who, under contract with a contractor or another subcontractor, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
  • Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:
    (a) a Utah depository institution;
    (b) an out-of-state depository institution;
    (c) a Utah depository institution holding company; or
    (d) an out-of-state depository institution holding company. See Utah Code 7-19-1
  • Supervisory board: means the individual or group of individuals that allocate expenditures from a political issues committee. See Utah Code 20A-11-101
  • Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:
    (a) a Utah depository institution;
    (b) an out-of-state depository institution;
    (c) a Utah depository institution holding company; or
    (d) an out-of-state depository institution holding company. See Utah Code 7-19-1
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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
  • Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
  • Utah depository institution holding company: means a depository institution holding company whose home state is Utah. See Utah Code 7-1-103
  • Vacancy: means the absence of a person to serve in any position created by statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause. See Utah Code 20A-1-102
  • Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
  • Vehicle: means personal property required to be registered with the Motor Vehicle Division pursuant to Title 41, Chapter 1a, Part 2, Registration, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating Act. See Utah Code 38-8-1
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
  • Voting booth: means :
    (a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
    (b) a voting device that is free standing. See Utah Code 20A-1-102
  • Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
  • Writing: includes :Utah Code 68-3-12.5
  • logo