Utah Code > Title 9 > Chapter 8 – History Development


Part 1	General Provisions	9-8-102 – 9-8-102 v2
Part 2	Division of State History	9-8-201 – 9-8-209
Part 3	Antiquities	9-8-301 – 9-8-309
Part 4	Historic Sites	9-8-401 – 9-8-405
Part 5	Historical Preservation Act	9-8-501 – 9-8-506
Part 7	Endowment Funds for History Organizations	9-8-701 – 9-8-708 v2
Part 8	Preserve Our Heritage Act	9-8-801 – 9-8-806
Part 9	State Historic Preservation Office	9-8-901 – 9-8-906

Terms Used In Utah Code > Title 9 > Chapter 8 - History Development

Acquired or constructed: means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds. See Utah Code 9-6-403
Act: means the National Community and Service Trust Act of 1993, 42 U. See Utah Code 9-20-102
Adjudicative proceeding: means :Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Advisory committee: means the Utah Main Street Advisory Committee created in Section 9-24-103. See Utah Code 9-24-101

Affected entity: means :

(i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

(iii)

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

(iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

(v)

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401

Agency: means a community reinvestment agency functioning pursuant to Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-25-3

Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8-302

Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802

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.

Ancient human remains: means all or part of the following that are historic or prehistoric:

(a)	a physical individual; and

(b)

any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8-302

Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Antiquities Section: means the Antiquities Section of the Division of State History created in Section 9-8-304. See Utah Code 9-8-302

Antiquities Section: means the Antiquities Section of the Division of State History. See Utah Code 9-9-402

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: means an allocation of money by the governing body for a specific purpose. See Utah Code 10-6-106

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

Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8-302

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5

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: means the various branches of creative human activity, including visual arts, film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts, and cultural vitality. See Utah Code 9-6-102

Arts board: means the Utah Arts Advisory Board created in Section 9-6-301. See Utah Code 9-6-102

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

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

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

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.

Bequest: Property gifted by will.

Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101

Board: means the Board of State History. See Utah Code 9-8-102

Board: means the State Board of Education. See Utah Code 20A-14-101.1

Board: means the Board of State History. See Utah Code 9-8-701

Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8-901

Board block equivalency file: means the electronic file designated as SB2005S07_BEF. See Utah Code 20A-14-101.1

Board shapefile: means the electronic shapefile that:Utah Code 20A-14-101.1

Bond: means any revenue bond, general obligation bond, tax increment bond, special improvement bond, local building authority bond, or refunding bond. See Utah Code 11-27-2

Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2

Borrower: means any person who becomes obligated on a real estate loan at the time of origination of such loan and includes mortgagors, trustors under trust deeds and vendees under conditional land sales contracts. See Utah Code 7-17-2

Boxing: means the sport of attack and defense using the fist, which is covered by an approved boxing glove. See Utah Code 9-23-101

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: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106

Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106

Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106

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

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.

Center: means the National Main Street Center. See Utah Code 9-24-101

Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.

Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106

Check: means a payment instrument on a depository institution including a:

(i)

check;

(ii)

draft;

(iii)

order; or

(iv)

other instrument. See Utah Code 7-15-1

Citizen participation: means action by the agency to provide persons who will be affected by residential rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the residential rehabilitation program. See Utah Code 11-25-3

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

City general fund: means the general fund used by a city. See Utah Code 10-6-106

Club fighting: means any contest of unarmed combat, whether admission is charged or not, where:

(i)	the rules of the contest are not approved by the commission;

(ii)	a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;

(iii)

a correct HIV negative test regarding each contestant has not been provided to the commission;

(iv)	the contest is not conducted in accordance with commission rules; or

(v)

the contestants are not matched by the weight standards established in accordance with Section 9-23-316. See Utah Code 9-23-101

Collection: means a specimen and the associated records documenting the specimen and its recovery. See Utah Code 9-8-302

Commission: means the State Tax Commission. See Utah Code 10-1-303

Commission: means the State Tax Commission. See Utah Code 10-1-402

Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102

Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401

Commission: means the Utah Commission on Service and Volunteerism created in Section 9-20-201. See Utah Code 9-20-102

Commission: means the Utah Multicultural Commission created in Section 9-21-301. See Utah Code 9-21-102

Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101

Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103

Committee: means the National Register Review Committee created in Section 9-8-905. See Utah Code 9-8-901

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Computing partnerships: means a set of skills, knowledge, and aptitudes used in computer science, information technology, or computer engineering courses and career options. See Utah Code 9-22-102

Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(2)(d). See Utah Code 10-2a-102

Contest: means a live match, performance, or exhibition involving two or more persons engaged in unarmed combat. See Utah Code 9-23-101

Contestant: means an individual who participates in a contest. See Utah Code 9-23-101

Contiguous: means , except as provided in Subsection (1)(b)(ii), the same as that term is defined in Section 10-1-104. See Utah Code 10-2a-102

Contiguous: means :

(a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

(b)

if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104

Continuance: Putting off of a hearing ot trial until a later time.

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

Contractual franchise fee: means :

(a)

a fee:

(i)	provided for in a franchise agreement; and

(ii)	that is consideration for the franchise agreement; or

(b)

(i)	a fee similar to Subsection (2)(a); or

(ii)

any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303

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

Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102

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.

County executive: means :Utah Code 68-3-12.5

County legislative body: means :Utah Code 68-3-12.5

Covered voter: means an individual who:

(a)	satisfies Utah's voter eligibility requirements that do not relate to residency;

(b)	is not registered to vote in a state other than Utah;

(c)	is absent from the United States on the day of the election; and

(d)

(i)

is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:

(A)	is a uniformed service voter; or

(B)	temporarily resides outside the United States;

(ii)

is a foreign United States citizen who:

(A)	before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and

(B)	did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or

(iii)

is a foreign United States citizen:

(A)	who has never registered to vote in a state other than Utah;

(B)	who has never established a principal place of residence in the United States; and

(C)

whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102

Credit reporting agency: includes any co-operative credit reporting agency maintained by an association of financial institutions or one or more associations of merchants. See Utah Code 7-14-1

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

Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402

Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8-302

Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8-302

Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106

customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

De minimis amount: means an amount of taxable energy that does not exceed the greater of:

(a)	5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or

(b)

$10,000. See Utah Code 10-1-303

Decedent: A deceased person.

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

Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:

(i)	the value of the energy itself; and

(ii)

any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303

Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106

Department: means the Department of Financial Institutions. See Utah Code 7-1-103

Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102

Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102

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

Depository institution: means any institution authorized by state or federal law to accept and hold demand deposits or other accounts which may be used to effect third party payment transactions. See Utah Code 7-14-1

Depository institution holding company: means :

(i)

a person other than an individual that:

(A)	has control over a depository institution; or

(B)	becomes a holding company of a depository institution under Section 7-1-703; or

(ii)

a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103

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

Designated commission member: means a member of the commission designated to:

(a)	attend and supervise a particular contest; and

(b)

act on the behalf of the commission at a contest venue. See Utah Code 9-23-101

Development: includes :

(a)	constructing, expanding, or repairing a museum or other facility that houses arts or cultural presentations;

(b)	providing for public information, preservation, and access to museums, the arts, and the cultural heritage of the state; and

(c)

supporting the professional development of artists, cultural administrators, and cultural leaders within the state. See Utah Code 9-6-102

Devise: To gift property by will.

Digital library: means the web-accessible digital library of state publications created under Section 9-7-208. See Utah Code 9-7-101 v2

Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402

Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102

Director: means the director of the Division of State History. See Utah Code 9-8-102

Director: means the director of the Division of Multicultural Affairs. See Utah Code 9-21-102

Director: means the director appointed by the STEM board to oversee the administration of the STEM Action Center. See Utah Code 9-22-102

Director: means the director appointed by the commission. See Utah Code 9-23-101

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Division: means the Division of Indian Affairs. See Utah Code 9-9-402

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 State History. See Utah Code 9-8-102

division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101

Division: means the Division of Multicultural Affairs created in Section 9-21-201. See Utah Code 9-21-102

Division: means the Division of State History created in Section 9-8-201. See Utah Code 9-8-302

Division: means the Division of State History. See Utah Code 9-8-701

division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101

Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102

Donor: The person who makes a gift.

Educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 9-22-102

Effect: means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8-402

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

Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

Elimination unarmed combat contest: means a contest where:

(a)	a number of contestants participate in a tournament;

(b)	the duration is not more than 48 hours; and

(c)

the loser of each contest is eliminated from further competition. See Utah Code 9-23-101

End user: means the person who uses a telecommunications service. See Utah Code 10-1-402

endowment care cemetery: means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:

(a)	represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and

(b)

collects funds for the purpose stated in Subsection (2)(a). See Utah Code 8-4-1

Endowment fund: means any endowment fund created under this chapter by a qualifying organization. See Utah Code 9-6-501

Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701

Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:

(a)

insulation in:

(i)	a wall, ceiling, roof, floor, or foundation; or

(ii)	a heating or cooling distribution system;

(b)

an insulated window or door, including:

(i)	a storm window or door;

(ii)	a multiglazed window or door;

(iii)

a heat-absorbing window or door;

(iv)	a heat-reflective glazed and coated window or door;

(v)	additional window or door glazing;

(vi)	a window or door with reduced glass area; or

(vii)

other window or door modifications that reduce energy loss;

(c)	an automatic energy control system;

(d)	in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;

(e)	caulking or weatherstripping;

(f)	a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;

(g)	an energy recovery system;

(h)	a daylighting system;

(i)

measures to reduce the consumption of water, through conservation or more efficient use of water, including:

(i)	installation of a low-flow toilet or showerhead;

(ii)	installation of a timer or timing system for a hot water heater; or

(iii)

installation of a rain catchment system; or

(j)

any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2

Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303

Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-5-102.5

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escrow: means an agreement, express or implied, that provides for one or more parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a deed, or other property or asset to another person to be held, paid, or delivered in accordance with terms and conditions prescribed in the agreement. See Utah Code 7-22-101

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Escrow agent: means a person that provides or offers to provide escrow services to the public. See Utah Code 7-22-101

Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget period in each fund for which a budget is being prepared. See Utah Code 10-6-106

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.

Excavate: means the recovery of archaeological resources. See Utah Code 9-8-302

Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102

Exhibition: means an engagement in which the participants show or display their skills without necessarily striving to win. See Utah Code 9-23-101

Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401

Failing or failed depository institution: means a depository institution under the jurisdiction of the department:

(a)	regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;

(b)	that meets the requirements of Subsection 7-2-1(1)(l);

(c)	whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or

(d)

which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1

Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:

(a)	regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;

(b)	that meets the requirements of Subsection 7-2-1(1)(l);

(c)	whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);

(d)	which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or

(e)

whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401

Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102

Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102

Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102

Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.

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 7-9-3

Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103

Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106

financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2

Financing: means the lending of money or any other thing of value for the purpose of residential rehabilitation. See Utah Code 11-25-3

Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106

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.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foundation: means a foundation established as described in Subsections 9-22-104(3) and (4). See Utah Code 9-22-102

Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303

Franchise tax: means :

(a)	a franchise tax;

(b)	a tax similar to a franchise tax; or

(c)

any combination of Subsections (7)(a) and (b). See Utah Code 10-1-303

Fraud: Intentional deception resulting in injury to another.

Fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5

Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106

Fund: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102

General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing board: includes a board of directors. See Utah Code 11-13a-102

Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106

Governing body: means :

(a)	for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township;

(b)	for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;

(c)	for a state university except as provided in Subsection (4)(d), the board or body having the control and supervision of the state university; and

(d)

for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2

Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104

Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102

Governmental nonprofit corporation: means :

(i)	a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or

(ii)

a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:

(A)	that exercises taxing authority;

(B)	that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or

(C)

that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102

Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102

Grantor: The person who establishes a trust and places property into it.

Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: includes a person who:Utah Code 68-3-12.5

hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1

High quality professional development: means professional development that meets high quality standards developed by the State Board of Education. See Utah Code 9-22-102

Highway: includes :Utah Code 68-3-12.5

Historic property: means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. See Utah Code 9-8-302

Historic property: means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8-402

Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102

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

Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102

Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 7-9-3

Indian reservation: means :

(1)	all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and

(2)

all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon. See Utah Code 9-9-210

Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-402

Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2

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

Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102

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}

Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-5-102.5

Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-6-106

Internet policy: means the public library online access policy required in Section 9-7-215. See Utah Code 9-7-101 v3

Issuer: means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of:

(i)	obtaining from any person any money, merchandise, property, or other thing of value; or

(ii)

paying for any service, wages, salary, or rent. See Utah Code 7-15-1

Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement

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.

Judge: means an individual qualified by training or experience to:

(a)	rate the performance of contestants;

(b)	score a contest; and

(c)

determine with other judges whether there is a winner of the contest or whether the contestants performed equally, resulting in a draw. See Utah Code 9-23-101

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Land: includes :Utah Code 68-3-12.5

Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 10-6-106

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3

Legislative publication: means :

(a)	the Utah Code after the legislative staff office prepares an updated Utah Code database incorporating amendments to the Utah Code;

(b)	the Laws of Utah; and

(c)

the Utah Constitution after the legislative staff office incorporates into the Utah Constitution amendments to the Utah Constitution that passed during the preceding regular general election. See Utah Code 9-7-101

Legislative staff office: means the Office of Legislative Research and General Counsel. See Utah Code 9-7-101

Lender: means any person who regularly makes, extends or holds real estate loans and includes, but is not limited to, mortgagees, beneficiaries under trust deeds and vendors under conditional land sales contracts and who regularly require or maintain reserve accounts. See Utah Code 7-17-2

Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2

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

Licensee: means an individual licensed by the commission to act as a:

(a)	contestant;

(b)

judge;

(c)

manager;

(d)

promoter;

(e)

referee;

(f)	second; or

(g)

other official established by the commission by rule. See Utah Code 9-23-101

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

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

Mailed: means the day that a notice is properly deposited in the United States mail. See Utah Code 7-15-1

Mall intersection: means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall. See Utah Code 10-15-3

Manager: means an individual who represents a contestant for the purpose of:

(a)	obtaining a contest for a contestant;

(b)	negotiating terms and conditions of the contract under which the contestant will engage in a contest; or

(c)

arranging for a second for the contestant at a contest. See Utah Code 9-23-101

Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102

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

Military-overseas ballot: means :

(a)	a federal write-in absentee ballot;

(b)	a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(c)

a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102

Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401

Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402

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

Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2

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}

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

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

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 primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102

Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401

Municipality: means a city, town, or metro township. See Utah Code 10-1-303

Municipality: includes every city or town within this state. See Utah Code 10-15-3

Municipality: means a city, town, or metro township. See Utah Code 10-1-402

Municipality: means a city, town, or metro township. See Utah Code 11-13a-102

Municipality: means any incorporated city, town, or metro township in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2

Municipality: means a city, town, or metro township. See Utah Code 20A-1-102

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

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

Museum: means the Utah Museum of Natural History. See Utah Code 9-8-302

Museum of Utah: means the Museum of Utah created in Section 9-8-209. See Utah Code 9-8-102 v2

Museums board: means the Utah Museums Advisory Board created in Section 9-6-305. 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}

Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 7-22-101

Native American: means of or relating to a tribe, people, or culture that is indigenous to the United States. See Utah Code 9-9-402

Native American remains: means remains that are Native American. See Utah Code 9-9-402

Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3

Nonfederal land: includes :

(i)

land owned or controlled by:

(A)	the state;

(B)	a county, city, or town;

(C)	an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

(D)	a person other than the federal government; or

(ii)

school and institutional trust lands. See Utah Code 9-8-302

Nonfederal land: includes :

(i)

land owned or controlled by:

(A)	the state;

(B)	a county, city, or town;

(C)	an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

(D)	a person other than the federal government; or

(ii)

school and institutional trust lands as defined in Section 53C-1-103. See Utah Code 9-9-402

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 State Historic Preservation Office created in Section 9-8-902. See Utah Code 9-8-901

Officer: means the state historic preservation officer, appointed in accordance with Section 9-8-903. See Utah Code 9-8-901

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

Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.

Overseas voter: means a United States citizen who, on the day of the applicable election, is:

(a)	voting age; and

(b)

absent from the United States. See Utah Code 20A-16-102

Oversight: Committee review of the activities of a Federal agency or program.

Participating party: means any person, company, corporation, partnership, firm, agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. See Utah Code 11-25-3

Partner agency: means an agency of the state or a tribal agency that participates in the remains repatriation process. See Utah Code 9-9-402

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.

Pass-through funding: means funding from an appropriation by the Legislature to a state agency that is intended to be passed through the state agency to:

(i)	a government or local government entity;

(ii)	a private entity, including a not-for-profit entity; or

(iii)

a person in the form of a loan or a grant. See Utah Code 9-1-102

Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-15-3

Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104

Person: is a s defined in Section 59-12-102. See Utah Code 10-1-303

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

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Person: includes an individual, a commercial bank, savings bank, building and loan corporation, savings and loan association, credit union, investment company, insurance company, pension fund, mortgage company, trust company, or any other organization making real estate loans. See Utah Code 7-17-2

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

petitioner: means :

(a)

one or more persons who:

(i)	own title to real property within the area proposed for disconnection; and

(ii)	sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or

(b)

the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality. See Utah Code 10-2-501

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

Planning advisory area: means the same as that term is defined in Section 17-27a-306. See Utah Code 10-2-401

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

Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2

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.

Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8-302

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

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

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 68-3-12.5

Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101

Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403

Project: means :

(i)

an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:

(A)	that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;

(B)	that is suitable to provide services to the general public;

(C)	that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or

(D)	that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;

(ii)

any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;

(iii)

an energy efficiency upgrade;

(iv)	a renewable energy system;

(v)	facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or

(vi)

any economic development or new venture investment fund to be raised other than from:

(A)	municipal or county general fund money;

(B)	money raised under the taxing power of any county or municipality; or

(C)

money raised against the general credit of any county or municipality. See Utah Code 11-17-2

Project: means the project whereby state buildings or facilities are acquired or constructed. See Utah Code 9-6-403

Promoter: means a person who engages in producing or staging contests and promotions. See Utah Code 9-23-101

Promotion: means a single contest or a combination of contests that:

(a)	occur during the same time and at the same location; and

(b)

is produced or staged by a promoter. See Utah Code 9-23-101

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

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider: means a provider selected on behalf of the STEM board by the staff of the STEM board and the staff of the State Board of Education:

(a)	through a request for proposals process; or

(b)

through a direct award or sole source procurement process for a pilot described in Section 9-22-107. See Utah Code 9-22-102

Public funds: means any money or payment collected or received by an officer or employee of the city acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the city, or the officer or employee while acting within the scope of employment or duty. See Utah Code 10-6-106

Purse: means any money, prize, remuneration, or any other valuable consideration a contestant receives or may receive for participation in a contest. See Utah Code 9-23-101

qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102

Qualifying organization: means any Utah nonprofit arts or museum 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

Qualifying organization: means any Utah nonprofit history organization or local government 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 9-8-701

Quorum: The number of legislators that must be present to do business.

Real estate loan: means any agreement providing for a loan secured by an interest in real estate in this state containing a residential structure of not more than four housing units, at least one of which is the primary residence of the borrower and includes, but is not limited to, agreements secured by mortgages, trust deeds, and conditional land sales contracts. See Utah Code 7-17-2

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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

Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, 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

Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}

Referee: means an individual qualified by training or experience to act as the official attending a contest at the point of contact between contestants for the purpose of:

(a)	enforcing the rules relating to the contest;

(b)	stopping the contest in the event the health, safety, and welfare of a contestant or any other person in attendance at the contest is in jeopardy; and

(c)

acting as a judge if so designated by the commission. See Utah Code 9-23-101

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, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remains: means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture. See Utah Code 9-9-402

Renewable energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from renewable resources, including:

(a)	a photovoltaic system;

(b)	a solar thermal system;

(c)	a wind system;

(d)

a geothermal system, including:

(i)	a direct-use system; or

(ii)	a ground source heat pump system;

(e)	a micro-hydro system; or

(f)

another renewable energy system approved by the governing body. See Utah Code 11-17-2

Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802

Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8-302

Reserve account: means any account, whether denominated escrow, impound, trust, pledge, reserve or otherwise, which is established in connection with a loan secured by an interest in real estate located in this state, whether or not a real estate loan as defined in this chapter, and whether incorporated into the loan agreement or a separate document, whereby the borrower agrees to make periodic prepayment to the lender or its designee of taxes, insurance premiums or other charges pertaining to the property securing the loan and the lender or its designee agrees to pay the taxes, insurance premiums or other charges out of the account on or before their due date. See Utah Code 7-17-2

Residence: means a residential structure in residential rehabilitation areas. See Utah Code 11-25-3

Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102

Residential rehabilitation: means the construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that the structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors:

(a)	defective design and character of physical construction;

(b)	faulty interior arrangement and exterior spacing;

(c)	high density of population and overcrowding;

(d)	inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities;

(e)	age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; and

(f)

economic dislocation, deterioration, or disuse, resulting from faulty planning. See Utah Code 11-25-3

Residential rehabilitation area: means the geographical area designated by the agency as one for inclusion in a comprehensive residential rehabilitation financing program pursuant to the provisions of this chapter. See Utah Code 11-25-3

Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402

Review committee: means the committee established under Section 9-22-114. See Utah Code 9-22-102

Road: includes :Utah Code 68-3-12.5

Round: means one of a number of individual time periods that, taken together, constitute a contest during which contestants are engaged in a form of unarmed combat. See Utah Code 9-23-101

Rural real property: includes any portion of private real property, if the private real property:

(A)	qualifies as rural real property under Subsection (1)(j)(i); and

(B)

consists of more than 1,500 total acres. See Utah Code 10-2-401

Savings and loan association: means :

(a)	a federal savings and loan association; and

(b)

an out-of-state savings and loan association. See Utah Code 7-1-103

Second: means an individual who attends a contestant at the site of the contest before, during, and after the contest in accordance with contest rules. See Utah Code 9-23-101

service address: means :

(a)

if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment:

(i)	to which a call is charged; and

(ii)	from which the call originates or terminates;

(b)

if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by:

(i)	the telecommunications system of the telecommunications provider; or

(ii)	if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or

(c)

if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402

Service charge: means any direct fee imposed in connection with the administration of a reserve account. See Utah Code 7-17-2

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.

Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-14-101.1

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

Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8-302

Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102

Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102

Special fund: means any fund other than the city general fund. See Utah Code 10-6-106

Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401

Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8-302

Stacked credentials: means credentials that:

(a)	an individual can build upon to access an advanced job or higher wage;

(b)	are part of a career pathway system;

(c)	provide a pathway culminating in the equivalent of an associate's or bachelor's degree;

(d)	facilitate multiple exit and entry points; and

(e)

recognize sub-goals or momentum points. See Utah Code 9-22-102

State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102

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 agency: means :

(a)	the state; or

(b)

an office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state. See Utah Code 9-7-101

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 and Museums Endowment Fund created in Section 9-6-502. See Utah Code 9-6-501

State historic preservation officer: means that position mentioned in 54 U. See Utah Code 9-8-302

State institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 9-7-101 v2

State land: means land owned by the state including the state's:

(i)	legislative and judicial branches;

(ii)	departments, divisions, agencies, boards, commissions, councils, and committees; and

(iii)

institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402

State land: means land owned by the state including the state's:

(i)	legislative and judicial branches;

(ii)	departments, divisions, agencies, boards, commissions, councils, and committees; and

(iii)

institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-8-302

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

State register: means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history. See Utah Code 9-8-402

State university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2

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.

STEM: means science, technology, engineering, and mathematics. See Utah Code 9-22-102

STEM Action Center: means the center described in Section 9-22-106. See Utah Code 9-22-102

STEM board: means the STEM Action Center Board created in Section 9-22-103. See Utah Code 9-22-102

Street: means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways. See Utah Code 10-15-3

Subpoena: A command to a witness to appear and give testimony.

Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103

Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:

(a)	a Utah depository institution;

(b)	an out-of-state depository institution;

(c)	a Utah depository institution holding company; or

(d)

an out-of-state depository institution holding company. See Utah Code 7-19-1

Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:

(a)	a Utah depository institution;

(b)	an out-of-state depository institution;

(c)	a Utah depository institution holding company; or

(d)

an out-of-state depository institution holding company. See Utah Code 7-19-1

Survey: means a surface investigation for archaeological resources that may include:

(a)	insubstantial surface collection of archaeological resources; and

(b)

limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8-302

Swear: includes "affirm. See Utah Code 68-3-12.5

Taxable energy: means gas and electricity. See Utah Code 10-1-303

telecommunications provider: means a person that:

(i)	owns, controls, operates, or manages a telecommunications service; or

(ii)

engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402

Telecommunications service: means :

(a)	telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;

(b)

mobile telecommunications service, as defined in Section 59-12-102:

(i)	that originates and terminates within the boundaries of one state; and

(ii)

only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402

telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider:

(i)

a tax;

(ii)	a license;

(iii)

a fee;

(iv)	a license fee;

(v)	a license tax;

(vi)	a franchise fee; or

(vii)

a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104

Town general fund: means the general fund used by a town. See Utah Code 10-5-102.5

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.

Tribal consultation: means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on:

(a)	tribal cultural practices;

(b)	tribal lands;

(c)	tribal resources;

(d)	access to traditional areas of tribal cultural or religious importance; or

(e)

the consideration of the state's responsibilities to Indian tribes. See Utah Code 9-9-402

tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101

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

Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103

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.

Ultimate fighting: means a live contest, whether or not an admission fee is charged, in which:

(a)	contest rules permit contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques;

(b)	contest rules incorporate a formalized system of combative techniques against which a contestant's performance is judged to determine the prevailing contestant;

(c)	contest rules divide nonchampionship contests into three equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round;

(d)	contest rules divide championship contests into five equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round; and

(e)

contest rules prohibit contestants from:

(i)	using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;

(ii)	striking a person who demonstrates an inability to protect himself from the advances of an opponent;

(iii)

biting; or

(iv)

direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of the neck, and the rear area of the head and neck. See Utah Code 9-23-101

Unarmed combat: means boxing or any other form of competition in which a blow is usually struck which may reasonably be expected to inflict bodily injury. See Utah Code 9-23-101

Undertaking: means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a state agency, including a project, activity, or program:

(i)	carried out by or on behalf of a state agency;

(ii)	carried out with financial assistance from the state; or

(iii)

that requires a state permit, license, or approval. See Utah Code 9-8-402

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}

Uniformed service: means :

(a)

active and reserve components of the armed forces as defined in Section 68-3-12. See Utah Code 20A-16-102

Unincorporated: means not within a municipality. See Utah Code 10-1-104

Unincorporated peninsula: means an unincorporated area:

(i)	that is part of a larger unincorporated area;

(ii)	that extends from the rest of the unincorporated area of which it is a part;

(iii)

that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and

(iv)

whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. See Utah Code 10-2-401

: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See

: includes each state, district, and territory of the United States of America. See

: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See

: means :

(a)	entering into a contract for a contest in bad faith;

(b)	participating in any sham or fake contest;

(c)	participating in a contest pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;

(d)	engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;

(e)	failing to comply with any limitation, restriction, or condition placed on a license;

(f)	striking of a downed opponent by a contestant while the contestant remains on the contestant's feet, unless the designated commission member or director has exempted the contest and each contestant from the prohibition on striking a downed opponent before the start of the contest;

(g)	after entering the ring or contest area, penetrating an area within four feet of an opponent by a contestant, manager, or second before the commencement of the contest; or