Terms Used In Utah Code > Title 7 > Chapter 26 - Financial Exploitation Prevention Act

• Account owner: means a person, estate, or trust, if that person, estate, or trust has entered into an account agreement under this chapter to save for the higher education costs on behalf of a beneficiary. See Utah Code 53B-8a-102
• Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
• 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.
• 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.
• 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
• Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a group of persons that:

  (i)	constitute the members of a formal association organized for: (A)  an identifiable interest; (B)  an identifiable purpose; (C)  a specific profession; or (D)  a specific occupation; or

  (ii)

  are employed by a common employer. See Utah Code 7-9-3 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: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including: (a)  an opinion question specifically authorized by the Legislature; (b)  a constitutional amendment; (c)  an initiative; (d)  a referendum; (e)  a bond proposition; (f)  a judicial retention question; (g)  an incorporation of a city or town; or (h)  any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102 Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103 Budget officer: means : (a)  for a county, the person designated as finance officer as defined in Section 17-36-3; (b)  for a city, the person designated as budget officer in Subsection 10-6-106(4); (c)  for a town, the town council; or (d)  for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. See Utah Code 20A-7-101 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 Capital and surplus: means : (a)  shares; (b)  deposits; (c)  reserves; and (d)  undivided earnings. See Utah Code 7-9-3 Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101 Child: means an individual who: (a)  is a natural or adopted child of a deceased peace officer or deceased firefighter; and (b)  was under the age of 25 at the time of the peace officer's or firefighter's death. See Utah Code 53B-8c-102 Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. See Utah Code 20A-7-101 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 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: (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; or (b)  vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103 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 legislative body: means :Utah Code 68-3-12.5 Covered financial institution: means any of the following that operate in the state: (a)  a state or federally chartered: (i)  bank; (ii)  savings and loan association; (iii)  savings bank; (iv)  industrial bank; (v)  credit union; (vi)  trust company; or (vii)  depository institution; or (b)  a financial institution. See Utah Code 7-26-102 Credit union: means a cooperative, nonprofit association incorporated under: (a)  Chapter 9, Utah Credit Union Act; or (b)  12 U. See Utah Code 7-1-103 Credit union service organization: means an entity: (a)  that provides any of the services listed in Subsection 7-9-59(2); and (b)  in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3 Department: means the Department of Public Safety. See Utah Code 53B-8c-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 Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3 Division: means the Division of Child and Family Services. See Utah Code 53B-8d-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 special district election. See Utah Code 20A-1-102 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 Electronic initiative process: means : (a)  as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or (b)  as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101 Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102 Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC 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. Fees: means general course fees, in addition to tuition, that are: (i)  imposed by a state institution of higher education; and (ii)  required to be paid by a student to engage in a course of study at the state institution of higher education. See Utah Code 53B-8c-102 Fiduciary: A trustee, executor, or administrator. Final fiscal impact statement: means a financial statement prepared after voters approve an initiative that contains the information required by Subsection 20A-7-202. See Utah Code 20A-7-101 Financial exploitation: means : (a)  the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or (b)  an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to: (i)  obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or (ii)  convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102 Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 firefighter: means a member, including volunteer members and members paid on call, of a fire department or other organization that provides fire suppression and other fire-related services, of a political subdivision who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires. See Utah Code 53B-8c-102 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. Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section 20A-7-502. See Utah Code 20A-7-101 Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101 Initiative application: means : (a)  for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or (b)  for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101 Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101 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 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. Killed: means that the peace officer's or firefighter's death is the direct and proximate result of a traumatic injury incurred in the line of duty. See Utah Code 53B-8c-102 Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102 Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101 Legally referable to voters: means : (a)  for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101 Line of duty: means an action that a peace officer or firefighter is obligated or authorized to perform by rule, regulation, condition of employment or service, or law, including a social, ceremonial, or athletic function that the peace officer or firefighter is assigned to or compensated for by the public agency being served. See Utah Code 53B-8c-102 Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101 Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101 Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101 Long-term foster care: means an individual who remains in the custody of the division, whether or not the individual resides: (a)  with licensed foster parents; or (b)  in independent living arrangements under the supervision of the division. See Utah Code 53B-8d-102 Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101 Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for: (i)  a commercial purpose; (ii)  other business investment property or venture purpose; or (iii)  an agricultural purpose. See Utah Code 7-9-3 Municipal general election: means the election held in municipalities and, as applicable, special 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 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3 Occupational disease: means a disease that routinely constitutes a special hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's occupation. See Utah Code 53B-8c-102 Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102 peace officer: means an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 53B-8c-102 Person: means :Utah Code 68-3-12.5 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 Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 53B-8a-102 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 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 Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit. 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 individual: means : (a)  a branch manager of a covered financial institution; or (b)  a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102 Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101 Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-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 Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101 Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101 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: 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 institution of higher education: means those institutions designated in Section 53B-1-102. See Utah Code 53B-8c-102 State institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 53B-8d-102 Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101 Tax percentage increase: means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. See Utah Code 20A-7-101 Third party associated with a vulnerable adult: means an individual: (a)  who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult; (b)  whom a vulnerable adult authorizes the financial institution to contact; (c)  who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or (d)  who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transaction: means any of the following services that a covered financial institution provides: (a)  a transfer or request to transfer or disburse funds or assets in an account; (b)  a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check; (c)  a request to negotiate a check or other negotiable instrument; (d)  a request to change the ownership of, or access to, an account; (e)  a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3; (f)  a request for a loan, extension of credit, or draw on a line of credit; (g)  a request to encumber any movable or immovable property; or (h)  a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102 Traumatic injury: means a wound or the condition of the body caused by external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria, but excluding an occupational disease. See Utah Code 53B-8c-102 Trustee: A person or institution holding and administering property in trust. Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-8c-102 Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8d-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101 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 Vulnerable adult: means : (a)  an individual who is 65 years old or older; or (b)  the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102 Ward of the state: means an individual: (a)  who is: (i)  at least 17 years old; and (ii)  not older than 26 years old; (b)  who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409, of long-term foster care while in the custody of the division; and (c)  for whom the custody of the division was not terminated as a result of adoption. See Utah Code 53B-8d-102 Writing: includes :Utah Code 68-3-12.5