Utah Code > Title 9 > Chapter 9 – Utah Division of Indian Affairs Act


Part 1	Division of Indian Affairs	9-9-101 – 9-9-113
Part 2	State and Tribal Jurisdiction	9-9-201 – 9-9-214
Part 4	Native American Grave Protection and Repatriation Act	9-9-401 – 9-9-408 v2

Terms Used In Utah Code > Title 9 > Chapter 9 - Utah Division of Indian Affairs Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advance refunding bonds: means refunding bonds issued for the purpose of refunding outstanding bonds in advance of their maturity. See Utah Code 11-27-2
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.
Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8-302
Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102
Allegation: something that someone says happened.
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.
Animal: means any nonhuman vertebrate life form. See Utah Code 11-46a-101
Animal enterprise: includes an animal competition, exposition, fair, rodeo, farm, feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences. See Utah Code 11-46a-101
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.
Applicant: means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
Appointed officer: means any person appointed to any statutory office or position or any other person appointed to any position of employment with a city or with a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
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
Arrest: Taking physical custody of a person by lawful authority.
Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
Assessments: means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district. See Utah Code 11-27-2
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignment agreement: means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter. See Utah Code 11-32-2
Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 10-3-1303
Attorney general: means the attorney general of the state or one of his assistants. See Utah Code 11-30-2
authority: means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created. See Utah Code 11-32-2

Beneficial activity: includes an activity to:

(i)	promote tourism;

(ii)	sponsor or incentivize a cultural or sports event, festival, conference, or convention;

(iii)

facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or

(iv)

promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-101

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}

Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101

Bid limit: means :

(a)

for a building improvement:

(i)	for the year 2003, $40,000; and

(ii)	for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and

(b)

for a public works project:

(i)	for the year 2003, $125,000; and

(ii)

for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101

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

Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102

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 any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-30-2

Bonds: means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter. See Utah Code 11-32-2

Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 10-3-1303

Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 11-41-102

Buyback purchaser: means a person who buys a procurement item from the local government entity to which the person previously sold the procurement item. See Utah Code 11-54-102

Chief executive officer: means :

(a)

for a municipality:

(i)	the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or

(ii)	the city manager, if the municipality is operating under the council-manager form of government; or

(b)

for a county:

(i)	the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;

(ii)	the county executive officer, if the county is operating under the county-executive council form of government; or

(iii)

the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102

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

Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.

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

Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102

Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303

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

Consumer Price Index: means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 11-39-101

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

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

Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102

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-mayor form of government: means the form of municipal government that:

(a)

(i)	is provided for in Laws of Utah 1977, Chapter 48;

(ii)	may not be adopted without voter approval; and

(iii)

consists of two separate, independent, and equal branches of municipal government; and

(b)

on and after May 5, 2008, is described in 2. See Utah Code 10-3b-102

County attorney: means the county attorney of a county or one of his assistants. See Utah Code 11-30-2

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

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

County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section 17-22-1. See Utah Code 11-51-102

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

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

Decedent: A deceased person.

Decennial year: means a year during which the United States Bureau of Census conducts a national decennial census. See Utah Code 20A-20-102

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.

Delinquent tax receivables: means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them. See Utah Code 11-32-2

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

Dependent: A person dependent for support upon another.

Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101

Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101

Determination of violation: means a determination by the Governor's Office of Economic Opportunity of substantial likelihood that a retail facility incentive payment has been made in violation of Section 11-41-103, in accordance with Section 11-41-104. See Utah Code 11-41-102

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

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

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

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

Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 11-40-101

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 State History created in Section 9-8-201. See Utah Code 9-8-302

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

Elected officer: means a person:

(a)	elected or appointed to the office of mayor, commissioner, or council member; or

(b)

who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303

Elected official: means :

(a)	a person elected to an office under Section 20A-1-303 or 6;

(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 special district office in accordance with Subsection 20A-1-206(3)(b)(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 special district election. See Utah Code 20A-1-102

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

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.

Ex officio: Literally, by virtue of one's office.

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

Excess repurchase amount: means the difference between:

(a)	the amount a buyback purchaser pays to a local government entity to purchase a procurement item that the buyback purchaser previously sold to the local government entity; and

(b)

the amount the local government entity paid to the buyback purchaser to purchase the procurement item. See Utah Code 11-54-102

Executive director: means the executive director of the Governor's Office of Economic Opportunity. See Utah Code 11-41-102

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

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

Federal agency: means the United States Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, or the National Park Service. See Utah Code 11-51-102

Federal receipts: means the federal financial assistance, as defined in 31 U. See Utah Code 11-52-102

Federally managed land: means land that is managed by the United States Bureau of Land Management, the United States Forest Service, or the National Park Service. See Utah Code 11-51-102

Fiduciary: A trustee, executor, or administrator.

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.

Five-member council form of government: means the form of municipal government described in 4. See Utah Code 10-3b-102

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

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

General plan: means the same as that term is defined in Section 23-21-. See Utah Code 11-41-102

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

Governing body: means the council, commission, county legislative body, board of directors, board of trustees, board of education, board of higher education, or other legislative body of a public body designated in this chapter that is vested with the legislative powers of the public body, and, with respect to the state, the State Bonding Commission created by Section 63B-1-201. See Utah Code 11-27-2

Governing body: means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested. See Utah Code 11-32-2

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 a special district, the board of trustees of the special district; and

(c)

for a special service district:

(i)	the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(ii)

the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101

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

Government obligations: means :

(a)	direct obligations of the United States of America, or other securities, the principal of and interest on which are unconditionally guaranteed by the United States of America; or

(b)

obligations of any state, territory, or possession of the United States, or of any of the political subdivisions of any state, territory, or possession of the United States, or of the District of Columbia described in Section 103(a), Internal Revenue Code of 1986. See Utah Code 11-27-2

Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101

Highway: includes :Utah Code 68-3-12.5

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

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

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}

Issuer: means the public body issuing any bond or bonds. See Utah Code 11-27-2

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

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

Lease: means any lease agreement, lease purchase agreement, and installment purchase agreement, and any certificate of interest or participation in any of the foregoing. See Utah Code 11-30-2

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}

Legacy: A gift of property made by will.

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).

Local entity: means a county, city, town, metro township, special district, or special service district. See Utah Code 11-39-101

Local government entity: means a county, city, town, metro township, special district, special service district, community reinvestment agency, conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-54-102

Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101

Lowest responsive responsible bidder: means a prime contractor who:

(a)	has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;

(b)	is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;

(c)	has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and

(d)

furnishes a payment and performance bond as required by law. See Utah Code 11-39-101

Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.

Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102

Metro township: means a metro township incorporated in accordance with 4. See Utah Code 10-3c-102

Metro township council form of government: means the form of metro township government described in 5. See Utah Code 10-3b-102

Mixed-use development: means development with mixed land uses, including housing. See Utah Code 11-41-102

Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102

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

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

Municipal employee: means a person who is not an elected or appointed officer who is employed on a full- or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303

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

Municipal services district: means a special district created in accordance with 11. See Utah Code 10-3c-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

Municipality: means a city, town, or metro township. See Utah Code 11-42b-101

Municipality: means a city, town, or metro township. See Utah Code 11-48-101.5

Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 11-55-102

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

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

National monument: means a national monument designated or declared in accordance with the Antiquities Act of 1906, 54 U. See Utah Code 11-51-102

National recreation area: means a recreation area designated by an act of Congress. See Utah Code 11-51-102

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

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

Oath: includes "affirmation. See Utah Code 68-3-12.5

Oath: A promise to tell the truth.

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 Governor's Office of Economic Opportunity. See Utah Code 11-41-102

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

Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101

Participant members: means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts. See Utah Code 11-32-2

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.

Person: means any person, association, corporation, or other entity. See Utah Code 11-30-2

Person: means :Utah Code 68-3-12.5

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

Person seeking access: means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101

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 any county, city, town, metro township, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 11-41-102

Political subdivision: means :

(a)	a city, town, or metro township; or

(b)

a county, as it relates to the licensing and regulation of an animal enterprise or working animal in the unincorporated area of the county. See Utah Code 11-46a-101

Political subdivision: means a county, city, town, special district, or service district. See Utah Code 11-48-101.5

Political subdivision: means a municipality or county. See Utah Code 11-51-102

Political subdivision: means :

(a)	a county, as defined in Section 17-50-101;

(b)	a municipality, as defined in Section 10-1-104;

(c)	a special district, as defined in Section 17B-1-102;

(d)	a special service district, as defined in Section 17D-1-102;

(e)	an interlocal entity, as defined in Section 11-13-103;

(f)	a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;

(g)	a local building authority, as defined in Section 17D-2-102; or

(h)

a conservation district, as defined in Section 17D-3-102. See Utah Code 11-52-102

Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102

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

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

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

Procurement code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101

Procurement item: means the same as that term is defined in Section 63G-6a-103. See Utah Code 11-54-102

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.

Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any municipal or quasi-municipal corporation, political subdivision, agency, school district, special district, special service district, or other governmental entity now or hereafter existing under the laws of the state. See Utah Code 11-27-2

Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any county, municipality, quasi-municipal corporation, school district, special district, special service district, political subdivision, or other governmental entity existing under the laws of the state, whether or not possessed of any taxing power. See Utah Code 11-30-2

Public body: means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, special district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of the state. See Utah Code 11-31-2

Public body: means any city, town, county, school district, special service district, special district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state. See Utah Code 11-32-2

Public entity: means :

(a)	a political subdivision;

(b)	a state agency as defined in Section 63J-1-220;

(c)	a higher education institution as defined in Section 53B-1-201;

(d)	the Military Installation Development Authority created in Section 63H-1-201;

(e)	the Utah Inland Port Authority created in Section 11-58-201; or

(f)

the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 11-41-102

Public funds: means any money received by a public entity that is derived from:

(a)	a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or

(b)

a property tax levy. See Utah Code 11-41-102

Public water utility: means a county, city, town, special district under Title 17B, Chapter 1, Provisions Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system. See Utah Code 11-40-101

Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101

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

Refunding bonds: means bonds issued under the authority of this chapter for the purpose of refunding outstanding bonds. See Utah Code 11-27-2

Refunding bonds: means any bonds that are issued to refund outstanding bonds, including both refunding bonds and advance refunding bonds. See Utah Code 11-30-2

Regular decennial redistricting: means redistricting required due to a national decennial census. See Utah Code 20A-20-102

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

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

Resolution: means a resolution of the governing body of a public body taking formal action under this chapter. See Utah Code 11-27-2

Retail facility: means any facility operated by a business entity for the primary purpose of making retail transactions. See Utah Code 11-41-102

Retail facility incentive payment: means a payment of public funds:

(i)	to a person by a public entity;

(ii)	for the development, construction, renovation, or operation of a retail facility within an area of the state; and

(iii)

in the form of:

(A)	a payment;

(B)

a rebate;

(C)

a refund;

(D)	a subsidy; or

(E)

any other similar incentive, award, or offset. See Utah Code 11-41-102

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

Road: includes :Utah Code 68-3-12.5

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

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

Six-member council form of government: means the form of municipal government described in 3. See Utah Code 10-3b-102

Small business: means a business entity that:

(i)	has fewer than 30 full-time equivalent employees; and

(ii)

maintains the business entity's principal office in the state. See Utah Code 11-41-102

Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101

Special improvement bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body or any predecessor of any public body that is payable from assessments levied on benefitted property and from any special improvement guaranty fund. See Utah Code 11-27-2

Special improvement guaranty fund: means any special improvement guaranty fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities; Title 11, Chapter 42, Assessment Area Act; or any predecessor or similar statute. See Utah Code 11-27-2

Special redistricting: means redistricting that is not a regular decennial redistricting. See Utah Code 20A-20-102

Specified county: means a county of the first or second class. See Utah Code 11-42b-101

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

State: means the state of Utah. See Utah Code 11-30-2

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 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

Statute: A law passed by a legislature.

Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303

Summons: Another word for subpoena used by the criminal justice system.

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

Tax increment bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-27-2

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101

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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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

Trustee: A person or institution holding and administering property in trust.

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5

Utility: means a utility owned by a town, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-5-102.5

Vacancy: means :

(a)	except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or

(b)

in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102

Validity: means any matter relating to the legality and validity of the bonds and the security therefor, including, without limitation, the legality and validity of:

(a)	a public body's authority to issue and deliver the bonds;

(b)	any ordinance, resolution, or statute granting the public body authority to issue and deliver the bonds;

(c)	all proceedings, elections, if any, and any other actions taken or to be taken in connection with the issuance, sale, or delivery of the bonds;

(d)	the purpose, location, or manner of the expenditure of funds;

(e)	the organization or boundaries of the public body;

(f)	any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be levied in connection with the bonds;

(g)	any lien, proceeding, or other remedy for the collection of those assessments, taxes, rates, rentals, fees, charges, or tolls;

(h)	any contract or lease executed or to be executed in connection with the bonds;

(i)	the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance thereon or security interest therein to secure the bonds; and

(j)

any covenants or provisions contained in or to be contained in the bonds. See Utah Code 11-30-2

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.

Working animal: means an animal used for performing a specific duty or function in commerce, including an animal used for entertainment, herding, transportation, education, or exhibition. See Utah Code 11-46a-101

Writing: includes :Utah Code 68-3-12.5