§ 7-9-1 Title
§ 7-9-2 Description of credit unions
§ 7-9-3 Definitions
§ 7-9-5 Powers of credit unions
§ 7-9-6 Formation of corporation to conduct credit union — Approval of commissioner
§ 7-9-7 Forms furnished by commissioner
§ 7-9-9 Amendment of articles of incorporation
§ 7-9-10 Filing amendment
§ 7-9-11 Bylaws and amendments to be approved
§ 7-9-12 Contents of bylaws
§ 7-9-13 Fiscal year
§ 7-9-14 Meetings
§ 7-9-15 Appeals from board of directors or committees
§ 7-9-16 Members — Eligibility — Liability — Grounds for closing account — Denial of membership
§ 7-9-17 Membership officer — Appointment — Eligibility — Function — Appeals from
§ 7-9-18 Expulsion of member
§ 7-9-19 Payments to expelled members — Liability of member not relieved by expulsion
§ 7-9-20 Board of directors — Powers and duties — Loan limitations
§ 7-9-21 Executive officers — Election — Power — Terms
§ 7-9-22 Credit committee — Credit manager
§ 7-9-23 Supervisory committee — Duties — Suspension or removal of officer, director, or credit committee member
§ 7-9-24 Compensation of directors, committee members, and president — Expense reimbursement
§ 7-9-25 Shares — Number unlimited — Subscription and payment — Par value — Ownership required for membership — Dormant accounts
§ 7-9-26 Loans to members — Investment officers — Investments
§ 7-9-27 Dividends — Interest refunds
§ 7-9-28 Loan to credit union official
§ 7-9-29 Allowance account for loan losses
§ 7-9-30 Reserve requirements — “Risk assets” defined
§ 7-9-31 Shares held in trust
§ 7-9-32 Joint accounts — Accounts providing for payment to designated person on death of owner or owners
§ 7-9-33 Lien and right of set off of credit union
§ 7-9-34 Tax exemption of credit unions
§ 7-9-36 Dissolution
§ 7-9-37 Transfer of members of dissolved, merged, consolidated, transferred, or acquired credit union
§ 7-9-39 Voluntary merger
§ 7-9-39.5 Supervisory merger
§ 7-9-42 Record requirements
§ 7-9-43 Board of Credit Union Advisors
§ 7-9-44 Corporate central credit union
§ 7-9-45 Insurance of shares and deposits — Security on shares and deposits
§ 7-9-46 Out-of-state credit unions — Authorization to do business in state — Supervision — Examination
§ 7-9-48 Disclosure of share and deposit insurance — Disclosure if secured through securities
§ 7-9-49 Limitation of personal liability of directors and committee members
§ 7-9-50 General limitation on liability
§ 7-9-51 Field of membership
§ 7-9-52 Expansion of a field of membership
§ 7-9-53 Grandfathering
§ 7-9-55 Nonexempt credit unions
§ 7-9-58 Limitations on credit extended by nonexempt credit unions
§ 7-9-59 Credit union service organizations — Limitations on providing services through other entities

Terms Used In Utah Code > Title 7 > Chapter 9

  • Account: means the Arts and Culture Business Alliance Account created in Section 9-6-806. See Utah Code 9-6-802
  • Active voter: means a registered voter who has not been classified as an inactive voter by the county clerk. See Utah Code 20A-1-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Advisory board: means the Museum Services Advisory Board created in Section 9-6-604. See Utah Code 9-6-102
  • Advisory committee: means the committee which proposes rules or changes in rules to the Supreme Court on civil procedure, criminal procedure, juvenile procedure, appellate procedure, evidence, and professional conduct. See Utah Code 20A-6-402
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
  • Allegation: something that someone says happened.
  • Alliance: means the Arts and Culture Business Alliance created in Section 9-6-803. See Utah Code 9-6-802
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable office: means the office held by the subject officer. See Utah Code 20A-1-901
  • Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 20A-2-300.6
  • 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
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Arrest: Taking physical custody of a person by lawful authority.
  • Artist: means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm. See Utah Code 9-6-403
  • Arts: includes visual arts, film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts, and cultural vitality. See Utah Code 9-6-802
  • 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 9-6-404
  • Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on paper ballots or ballot sheets and tabulates the results. See Utah Code 20A-1-102
  • Bad faith: means that a person files a petition described in Subsection 20A-1-803(1):
    (a) under circumstances where a reasonable person would not believe that the allegations are true; or
    (b) 
    (i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and
    (ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title. See Utah Code 20A-1-802
  • Ballot: includes ballot sheets, paper ballots, electronic ballots, and secrecy envelopes. See Utah Code 20A-1-102
  • Ballot label: means the cards, papers, booklet, pages, or other materials that:
    (a) contain the names of offices and candidates and statements of ballot propositions to be voted on; and
    (b) are used in conjunction with ballot sheets that do not display that information. 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
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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: means the Board of Directors of the Utah Arts Council created in Section 9-6-204. See Utah Code 9-6-102
  • 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
  • Bona fide occupational qualification: means a characteristic applying to an employee that:
    (i) is necessary to the operation; or
    (ii) is the essence of the employee's employer's business. See Utah Code 20A-2-300.6
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • bound: means securing more than one piece of paper together with a staple or stitch 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
  • 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
  • By-mail voter registration form: means a voter registration form designed to be completed by the voter and mailed to the election officer. See Utah Code 20A-1-102
  • 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
  • Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
  • Capital and surplus: means :
    (a) shares;
    (b) deposits;
    (c) reserves; and
    (d) undivided earnings. See Utah Code 9-6-404
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 20A-1-401
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Circulation: means the process of submitting an initiative or referendum petition to legal voters for their signature. See Utah Code 20A-7-101
  • Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
  • Committee: means the State-Owned Art Collections Inventory Committee established under Section 9-6-704. See Utah Code 9-6-702
  • Committee: means the Judicial Rules Review Committee created in Section 36-20-2. See Utah Code 20A-6-402
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Compensation: means payment owed by an employer for labor or services performed by an employee. See Utah Code 20A-3-504
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting agency: means the state agency which is responsible for supervising the principal user of a state building or facility. See Utah Code 9-6-403
  • Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Utah Arts Council created in Section 9-6-301. See Utah Code 9-6-102
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
  • Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
  • Counting room: means a suitable and convenient private place or room, immediately adjoining the place where the election is being held, for use by the poll workers and counting judges to count ballots during election day. See Utah Code 20A-1-102
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • County officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
  • Court: means :
    (i) the district court in the judicial district of the state in which the asserted unfair employment practice occurs; or
    (ii) if the district court is not in session at that time, a judge of the court described in Subsection (1)(d)(i). See Utah Code 20A-2-300.6
  • Court rules: means any of the following:
    (a) rules of procedure, evidence, and practice for use of the courts of this state;
    (b) rules governing and managing the appellate process adopted by the Supreme Court;
    (c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 20A-6-402
  • 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 9-6-404
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of hire: means the date labor or services for compensation are first performed by the employee. See Utah Code 20A-3-504
  • Date of rehire: means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days. See Utah Code 20A-3-504
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1). See Utah Code 20A-1-802
  • 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
  • Department: means the same as that term is defined in Section 71-11-2. See Utah Code 20A-1-605
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Dependent: A person dependent for support upon another.
  • 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 9-6-404
  • development of the arts: means :
    (a) constructing, expanding, or repairing facilities that house arts presentations;
    (b) providing for public information, preservation, or access to the arts; or
    (c) supporting the professional development of artists within the state. See Utah Code 9-6-802
  • Director: means :
    (a) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
    (b) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
  • Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102
  • Director: means the director of the division. See Utah Code 20A-2-300.6
  • Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U. See Utah Code 20A-2-300.6
  • Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 20A-1-401
  • Discharge document: means a document received by a servicemember upon separation from military service, including:
    (a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
    (b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
    (c) a DD 257, United States General Discharge Certificate; or
    (d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 20A-1-605
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discretionary voter registration agency: means each office designated by the county clerk to provide by-mail voter registration forms to the public. See Utah Code 20A-2-300.5
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Arts and Museums. See Utah Code 9-6-102
  • Division: means the State Library Division. See Utah Code 9-7-101
  • Division: means the Division of Antidiscrimination and Labor. See Utah Code 20A-2-300.6
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 20A-1-204
  • Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 20A-1-204
  • Elected official: means :
    (a) a person elected to an office under Section 20A-1-303 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
    (b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
    (c) a person who is considered to be elected to a local district office in accordance with Subsection 20A-1-206(3)(c)(ii). See Utah Code 20A-1-102
  • 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 Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
  • Election cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
  • Election day voting center: means a polling place designated by an election officer to provide for voting on election day for a person who:
    (a) is eligible to vote; and
    (b) resides within the political subdivision holding the election. See Utah Code 20A-3-701
  • Election judge: means a poll worker that is assigned to:
    (a) preside over other poll workers at a polling place;
    (b) act as the presiding election judge; or
    (c) serve as a canvassing judge, counting judge, or receiving judge. 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
  • Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
  • Election results: means :
    (a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
    (b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. 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 absentee 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
  • Electronic ballot: means a ballot that is recorded using a direct electronic voting device or other voting device that records and stores ballot information by electronic means. See Utah Code 20A-1-102
  • 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
  • Employee: means a person applying with or employed by an employer. See Utah Code 20A-2-300.6
  • Employee: means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. See Utah Code 20A-3-504
  • Employer: means :
    (A) the state;
    (B) a political subdivision;
    (C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
    (D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 20A-2-300.6
  • Employer: includes any governmental entity and any labor organization. See Utah Code 20A-3-504
  • Employment agency: means a person:
    (i) undertaking to procure employees or opportunities to work for any other person; or
    (ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 20A-2-300.6
  • Employment invention: means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
    (a) conceived, developed, reduced to practice, or created by the employee:
    (i) within the scope of his employment;
    (ii) on his employer's time; or
    (iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;
    (b) the result of any work, services, or duties performed by an employee for his employer;
    (c) related to the industry or trade of the employer; or
    (d) related to the current or demonstrably anticipated business, research, or development of the employer. See Utah Code 20A-1-201
  • Endowment fund: means any arts endowment fund created under this chapter by a qualifying organization. See Utah Code 9-6-501
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • 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.
  • Executive director: means the executive director of the Department of Heritage and Arts. See Utah Code 9-1-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Field of membership: means persons designated as eligible for credit union membership in accordance with:
    (a) Section 7-9-51 or 7-9-53; and
    (b) the bylaws of the credit union. See Utah Code 9-6-404
  • Filer: means a person who files a written statement challenging another person's right to vote as provided in Section 20A-3-202. See Utah Code 20A-3-201.5
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:
    (i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:
    (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or
    (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and
    (ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 20A-2-300.6
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Highway: includes :Utah Code 48-2e-1156
  • Home state: means :
    (a) for a state chartered depository institution, the state that charters the institution;
    (b) for a federally chartered depository institution, the state where the institution's main office is located; and
    (c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103
  • Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 9-6-404
  • Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-306(4)(c)(i) or (ii). See Utah Code 20A-1-102
  • Initial fiscal impact estimate: means :
    (a) a financial statement prepared under Section 20A-7-202. 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 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Intellectual property: means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them. See Utah Code 20A-1-201
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interim committees: includes a commission, committee, council, task force, board, or panel, in which legislative participation is required by law, which committee functions between sessions of the Legislature. See Utah Code 20A-5-409
  • Issuer: means a person authorized to issue a subpoena by this chapter. See Utah Code 20A-6-203
  • Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 20A-2-300.6
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judicial Council: means the administrative body of the courts as established in Article VIII, Sec. See Utah Code 20A-6-402
  • 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.
  • Labor organization: means an organization that exists for the purpose in whole or in part of:
    (i) collective bargaining;
    (ii) dealing with employers concerning grievances, terms or conditions of employment; or
    (iii) other mutual aid or protection in connection with employment. See Utah Code 20A-2-300.6
  • Land: includes :Utah Code 48-2e-1156
  • 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
  • Legal signatures: means the number of signatures of legal voters that:
    (a) meet the numerical requirements of this chapter; and
    (b) have been certified and verified as provided in this chapter. See Utah Code 20A-7-101
  • Legislative body: means :
    (a) the Legislature;
    (b) the House or Senate; or
    (c) any committee or subcommittee of the Legislature, the House, or the Senate. See Utah Code 20A-6-203
  • Legislative office: means the Office of Legislative Research and General Counsel, Office of the Legislative Fiscal Analyst, and the Office of the Legislative Auditor General. See Utah Code 20A-6-203
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Legislative staff member: means an employee or independent contractor of a legislative office. See Utah Code 20A-6-203
  • Legislative subpoena: means a subpoena issued by an issuer on behalf of a legislative body or legislative office and includes:
    (a) a subpoena requiring a person to appear and testify at a time and place designated in the subpoena;
    (b) a subpoena requiring a person to:
    (i) appear and testify at a time and place designated in the subpoena; and
    (ii) produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena; and
    (c) a subpoena requiring a person to produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena at a time and place designated in the subpoena. See Utah Code 20A-6-203
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, 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
  • 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.
  • 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 district officers: means those local district board members that are required by law to be elected. See Utah Code 20A-1-102
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a local district election, and a bond election. See Utah Code 20A-1-102
  • Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, local district, special service district, or any administrative subdivision of those entities. See Utah Code 20A-1-204
  • Local law: includes :
    (i) an ordinance;
    (ii) a resolution;
    (iii) a master plan;
    (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
    (v) other legislative action of a local legislative body. 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
  • Local political subdivision: means a county, a municipality, a local district, or a local school district. See Utah Code 20A-1-102
  • Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
  • Major political party: means either of the two political parties having the greatest number of members elected to the two houses of the Legislature. See Utah Code 20A-5-409
  • Majority leader: see Floor Leaders
  • Measure: means a proposed constitutional amendment, an initiative, or referendum. 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 9-6-404
  • Mental capacity evaluation: means an evaluation by a qualified medical professional to determine whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Minority leader: See Floor Leaders
  • Minority whip: See Whips.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Multi-candidate race: means a nonpartisan municipal race where:
    (a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
    (b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office. See Utah Code 20A-4-601
  • Municipal executive: means :
    (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
    (b) the mayor in the council-manager form of government defined in Subsection 10-3b-103(7); or
    (c) the chair of a metro township form of government defined in Section 10-3b-102. See Utah Code 20A-1-102
  • 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 legislative body: means :
    (a) the council of the city or town in any form of municipal government; or
    (b) the council of a metro township. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
  • Municipal officers: means those municipal officers that are required by law to be elected. See Utah Code 20A-1-102
  • 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
  • Museum: means an organized and permanent institution that:
    (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit organization;
    (b) has an educational or aesthetic purpose;
    (c) owns or curates a tangible collection; and
    (d) exhibits the collection to the public on a regular schedule. See Utah Code 9-6-102
  • 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
  • National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 20A-2-300.6
  • New voting equipment system: means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced. See Utah Code 20A-5-801
  • Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 9-6-404
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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.
  • Office: means the Office of Museum Services created in Section 9-6-602. See Utah Code 9-6-102
  • Officer: means a county officer. See Utah Code 20A-1-901
  • Official ballot: means the ballots distributed by the election officer to the poll workers to be given to voters to record their votes. See Utah Code 20A-1-102
  • Official endorsement: means :
    (a) the information on the ballot that identifies:
    (i) the ballot as an official ballot;
    (ii) the date of the election; and
    (iii) 
    (A) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
    (B) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii); and
    (b) the information on the ballot stub that identifies:
    (i) the poll worker's initials; and
    (ii) the ballot number. See Utah Code 20A-1-102
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
    (i) is also employed at that job; or
    (ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 20A-2-300.6
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Paper ballot: means a paper that contains:
    (a) the names of offices and candidates and statements of ballot propositions to be voted on; and
    (b) spaces for the voter to record the voter's vote for each office and for or against each ballot proposition. See Utah Code 20A-1-102
  • Participating municipality: means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3). See Utah Code 20A-4-601
  • 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.
  • Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 20A-1-204
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Person: means :Utah Code 48-2e-1156
  • 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 an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 20A-1-503
  • Person: means :
    (i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
    (ii) the state; and
    (iii) a political subdivision of the state. See Utah Code 20A-2-300.6
  • Personal property: includes :Utah Code 48-2e-1156
  • Physical format: means a transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk. See Utah Code 9-7-101
  • Pilot project: means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602. See Utah Code 20A-4-601
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Policy: means the public library online access policy adopted by a library board to meet the requirements of Section 9-7-215. See Utah Code 9-7-101
  • 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 subdivision: means a county, city, town, school district, public transit district, redevelopment agency, or special improvement or taxing district. See Utah Code 9-7-101
  • Poll worker: includes election judges. See Utah Code 20A-1-102
  • Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
  • Polling place: means the building where voting is conducted. See Utah Code 20A-1-102
  • Pollution control facility: includes :
    (i) an addition to real property described in Subsection (6)(a);
    (ii) the reconstruction of real property described in Subsection (6)(a); or
    (iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Presiding officer: means the same as that term is defined in Section 63G-4-103. See Utah Code 20A-2-300.6
  • Primary convention: means the political party conventions held during the year of the regular general election. See Utah Code 20A-1-102
  • Principal user: means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed. See Utah Code 9-6-403
  • Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 20A-1-605
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Professional legislative staff: means the legislative directors and the members of their staffs. See Utah Code 20A-5-409
  • Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403
  • Program: means the State-Owned Art Collections Inventory Study Program established under Section 9-6-703. See Utah Code 9-6-702
  • Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 20A-2-300.6
  • Project: means the project whereby state buildings or facilities are acquired or constructed. See Utah Code 9-6-403
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Proposal for court rule: means the proposed language in a court rule that is submitted to the Judicial Council, the advisory committee, or the Supreme Court. See Utah Code 20A-6-402
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 20A-1-204
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • 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
  • Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
  • Public assistance: means :
    (a) services or benefits provided under Chapter 3, Employment Support Act;
    (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
    (c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
    (d) SNAP benefits; and
    (e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
  • Public assistance agency: means each office in Utah that provides:Utah Code 20A-2-300.5
  • 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.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • qualified: means to take the oath of office and begin performing the duties of the position for which the person was elected. See Utah Code 20A-1-102
  • Qualifying organization: means any Utah nonprofit arts organization that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-6-501
  • Quorum: The number of legislators that must be present to do business.
  • Random testing: means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. See Utah Code 20A-1-204
  • real property: includes :Utah Code 48-2e-1156
  • 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
  • Receiving official: means :
    (a) the lieutenant governor, unless the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office; or
    (b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office. See Utah Code 20A-1-802
  • Recount threshold: means the sum of the candidate amplifier and the following:
    (a) for a canvassing phase in which fewer than 100 valid votes are counted, 0. See Utah Code 20A-4-601
  • Registration form: means a book voter registration form and a by-mail voter registration form. See Utah Code 20A-1-102
  • Registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 20A-3-504
  • Regular ballot: means a ballot that is not a provisional ballot. 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 on the fourth Tuesday of June of each even-numbered year, to nominate candidates of political parties and candidates for nonpartisan local school board positions to advance to the regular general election. 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.
  • Report: means a copy of the committee's findings and recommendations, any actions taken by the Supreme Court or Judicial Council in response, and any recommendation for legislation for Supreme Court or Judicial Council rulemaking action as provided in Subsection 36-20-6(3). See Utah Code 20A-6-402
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Results of the mental capacity evaluation: means a statement by the qualified medical professional who conducts the mental capacity evaluation that the subject officer:
    (a) has the mental capacity to fulfill the essential functions of the applicable office, without reasonable accommodations;
    (b) has the mental capacity to fulfill the essential functions of the applicable office, with specified reasonable accommodations; or
    (c) lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Retaliate: means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
    (i) opposes an employment practice prohibited under this chapter; or
    (ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter. See Utah Code 20A-2-300.6
  • Reviewing official: means :
    (a) except as provided in Subsection (4)(b), the receiving official; or
    (b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving official appoints another individual as the reviewing official under Subsection 20A-1-803(3)(a). See Utah Code 20A-1-802
  • Sample: means urine, blood, breath, saliva, or hair. See Utah Code 20A-1-204
  • Sample ballot: means a mock ballot similar in form to the official ballot printed and distributed as provided in Section 20A-5-405. See Utah Code 20A-1-102
  • Scratch vote: means to mark or punch the straight party ticket and then mark or punch the ballot for one or more candidates who are members of different political parties or who are unaffiliated. See Utah Code 20A-1-102
  • Secrecy envelope: means the envelope given to a voter along with the ballot into which the voter places the ballot after the voter has voted it in order to preserve the secrecy of the voter's vote. See Utah Code 20A-1-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 20A-2-300.6
  • Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 9-6-404
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Signature: means a holographic signature. See Utah Code 20A-7-101
  • Signature sheets: means sheets in the form required by this chapter that are used to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
  • Significant violation: means :
    (a) a violation that, if known by voters before the election, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election; or
    (b) a violation that, had the violation not occurred, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election. See Utah Code 20A-1-802
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • Special investigative committee: is a s defined in Subsection 36-12-9(1). See Utah Code 20A-6-203
  • Spoiled ballot: means each ballot that:
    (a) is spoiled by the voter;
    (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
    (c) lacks the official endorsement. See Utah Code 20A-1-102
  • Sponsors: means the legal voters who support the initiative or referendum and who sign the application for petition copies. See Utah Code 20A-7-101
  • Standing committees: means legislative committees organized under the rules of each house of the Legislature for the duration of the legislative biennial term to consider proposed legislation. See Utah Code 20A-5-409
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State: means the state of Utah, its executive, legislative, and judicial branches, its departments, divisions, agencies, boards, commissions, councils, committees, and institutions including state institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-6-702
  • 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 agency: means the state, an office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state. See Utah Code 9-7-101
  • State agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 20A-1-401
  • State building or facility: means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. See Utah Code 9-6-403
  • State fund: means the Utah Arts Endowment Fund created under Section 9-6-502. See Utah Code 9-6-501
  • State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 20A-1-204
  • State publication: means a book, compilation, directory, document, contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register, rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or disc recording regardless of format or method of reproduction, issued or published by a state agency or political subdivision for distribution. See Utah Code 9-7-101
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
  • Statute: A law passed by a legislature.
  • Stub: means the detachable part of each ballot. See Utah Code 20A-1-102
  • Subject officer: means the officer who is subject to proceedings under this part to determine whether the officer has the mental capacity to fulfill the essential functions of the officer's office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Subpoena: A command to a witness to appear and give testimony.
  • Substitute ballots: means replacement ballots provided by an election officer to the poll workers when the official ballots are lost or stolen. See Utah Code 20A-1-102
  • Sufficient: means that the signatures submitted in support of an initiative or referendum petition have been certified and verified as required by this chapter. See Utah Code 20A-7-101
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swear: includes "affirm. See Utah Code 48-2e-1156
  • 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
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means a list of:
    (a) political parties;
    (b) candidates for an office; or
    (c) ballot propositions. See Utah Code 20A-1-102
  • to discriminate in matters of compensation: means the payment of differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job. See Utah Code 20A-2-304.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer case: means the sealed box used to transport voted ballots to the counting center. See Utah Code 20A-1-102
  • Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unanimous: means a vote of all members of a county legislative body where all members of the county legislative body, not including the subject officer, vote on the same side of the motion. See Utah Code 20A-1-901
  • Undue hardship: means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation. See Utah Code 20A-2-300.6
  • 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 48-2e-1156
  • 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 48-2e-1156
  • 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: means that the ballot is marked in a manner that permits the vote to be counted during the applicable ballot-counting phase. See Utah Code 20A-4-601
  • Valid voter identification: means :
    (a) a form of identification that bears the name and photograph of the voter which may include:
    (i) a currently valid Utah driver license;
    (ii) a currently valid identification card that is issued by:
    (A) the state; or
    (B) a branch, department, or agency of the United States;
    (iii) a currently valid Utah permit to carry a concealed weapon;
    (iv) a currently valid United States passport; or
    (v) a currently valid United States military identification card;
    (b) one of the following identification cards, whether or not the card includes a photograph of the voter:
    (i) a valid tribal identification card;
    (ii) a Bureau of Indian Affairs card; or
    (iii) a tribal treaty card; or
    (c) two forms of identification not listed under Subsection (81)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
    (i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
    (ii) a bank or other financial account statement, or a legible copy thereof;
    (iii) a certified birth certificate;
    (iv) a valid social security card;
    (v) a check issued by the state or the federal government or a legible copy thereof;
    (vi) a paycheck from the voter's employer, or a legible copy thereof;
    (vii) a currently valid Utah hunting or fishing license;
    (viii) certified naturalization documentation;
    (ix) a currently valid license issued by an authorized agency of the United States;
    (x) a certified copy of court records showing the voter's adoption or name change;
    (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
    (xii) a currently valid identification card issued by:
    (A) a local government within the state;
    (B) an employer for an employee; or
    (C) a college, university, technical school, or professional school located within the state; or
    (xiii) a current Utah vehicle registration. 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
  • Verified: means acknowledged by the person circulating the petition as required in Sections 20A-7-205 and 20A-7-305. See Utah Code 20A-7-101
  • Veteran: means an individual who:Utah Code 48-2e-1156
  • Veteran: means the same as that term is defined in Section 68-3-12. See Utah Code 20A-1-605
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 20A-2-300.6
  • Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 20A-1-204
  • Voter: means a person 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
  • Voter registration deadline: means the registration deadline provided in Section 20A-2-102. See Utah Code 20A-1-102
  • Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. 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 machine enclosure or curtain; or
    (b) a voting device that is free standing. See Utah Code 20A-1-102
  • Voting center ballot: means a regular ballot that:
    (a) is provided at an election day voting center; and
    (b) may be retrieved by the election official during the canvass if the voter cast a ballot at another location or before election day. See Utah Code 20A-3-701
  • Voting device: means :
    (a) an apparatus in which ballot sheets are used in connection with a punch device for piercing the ballots by the voter;
    (b) a device for marking the ballots with ink or another substance;
    (c) an electronic voting device or other device used to make selections and cast a ballot electronically, or any component thereof;
    (d) an automated voting system under Section 20A-5-302; or
    (e) any other method for recording votes on ballots so that the ballot may be tabulated by means of automatic tabulating equipment. See Utah Code 20A-1-102
  • Voting equipment: means the following equipment used for an election:
    (a) automatic tabulating equipment;
    (b) an electronic voting system;
    (c) a voting device; or
    (d) a voting machine. See Utah Code 20A-5-801
  • Voting machine: means a machine designed for the sole purpose of recording and tabulating votes cast by voters at an election. See Utah Code 20A-1-102
  • Voting precinct: means the smallest voting unit established as provided by law within which qualified voters vote at one polling place. See Utah Code 20A-1-102
  • Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Watcher: means an individual who complies with the requirements described in Section 20A-3-201 to become a watcher for an election. See Utah Code 20A-1-102
  • Western States Presidential Primary: means the election established in Chapter 9, Part 8, Western States Presidential Primary. See Utah Code 20A-1-102
  • Work of art: means visual art of any medium. See Utah Code 9-6-702
  • works of art: means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms. See Utah Code 9-6-403
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156
  • Write-in vote: means a vote cast for a person whose name is not printed on the ballot according to the procedures established in this title. See Utah Code 20A-1-102
  • Writing: includes :Utah Code 48-2e-1156
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