Utah Code > Title 7 > Chapter 3 – Banks
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Terms Used In Utah Code > Title 7 > Chapter 3 - Banks
- 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 place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicable area: means :(1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or(1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
- Applicable area: means :
(1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or(1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401- Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Automated teller machine: means an electronic information processing device that:
(1)(a) is readily accessible to the general public; and(1)(b) on behalf of an issuer:(1)(b)(i) dispenses currency or coin; or(1)(b)(ii) accepts deposits or payments. See Utah Code 7-16a-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.
- Bond: means :
(3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and(3)(b) a lease agreement, installment purchase agreement, or other agreement that:(3)(b)(i) includes an obligation by the district to pay money; and(3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102- Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
- Branch: when used in reference to a foreign depository institution, means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
- Business of cashing checks: means cashing a check for consideration. See Utah Code 7-23-102
- Business of deferred deposit lending: means extending a deferred deposit loan. See Utah Code 7-23-102
- Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
- Check: is a s defined in Section 70A-3-104. See Utah Code 7-23-102
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 17-55-101
- Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
(5)(a) direct or exercise a controlling influence over:(5)(a)(i) the management or policies of a financial institution; or(5)(a)(ii) the election of a majority of the directors or trustees of an institution; or(5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- council: means a council created by a county or counties in accordance with Section 17-55-201. See Utah Code 17-55-101
- County executive: means :
(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Credit union: means a cooperative, nonprofit association incorporated under:
(6)(a) Chapter 9, Utah Credit Union Act; or(6)(b) Utah Code 7-1-103- Customer: means a user of a device for access. See Utah Code 7-16a-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deferred deposit lender: means a person that engages in the business of deferred deposit lending. See Utah Code 7-23-102
- Deferred deposit loan: means a transaction where:
(7)(a) a person:(7)(a)(i) presents to a deferred deposit lender a check written on that person's account; or(7)(a)(ii) provides written or electronic authorization to a deferred deposit lender to effect a debit from that person's account using an electronic payment; and(7)(b) the deferred deposit lender:(7)(b)(i) provides the person described in Subsection (7)(a) an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction; and(7)(b)(ii) agrees not to cash the check or process the debit until a specific date. See Utah Code 7-23-102- Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- 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:
(8)(a) holds or receives deposits, savings, or share accounts;(8)(b) issues certificates of deposit; or(8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103- Depository institution holding company: means :
(9)(a)(i) a person other than an individual that:(9)(a)(i)(A) has control over a depository institution; or(9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or(9)(a)(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- Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
- Discharge document: means a document received by a service member upon separation from military service, including:
(2)(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;(2)(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;(2)(c) a DD 257, United States General Discharge Certificate; or(2)(d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donor: The person who makes a gift.
- Donor: means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education. See Utah Code 34-41-101
- Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
- Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
- Electronic payment: includes a payment made through:
(8)(b)(i) an automated clearing house transaction;(8)(b)(ii) an electronic check;(8)(b)(iii) a stored value card; or(8)(b)(iv) an Internet transfer. See Utah Code 7-23-102- employer: as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions. See Utah Code 34-34-3
- Employment invention: means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
(1)(a) conceived, developed, reduced to practice, or created by the employee:(1)(a)(i) within the scope of his employment;(1)(a)(ii) on his employer's time; or(1)(a)(iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;(1)(b) the result of any work, services, or duties performed by an employee for his employer;(1)(c) related to the industry or trade of the employer; or(1)(d) related to the current or demonstrably anticipated business, research, or development of the employer. See Utah Code 34-39-2- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101- facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103
- Governing body: means :
(2)(a) for a county or municipality, the legislative body of the county or municipality; and(2)(b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201- Groundwater right owner petition: means a petition under Subsection
17B-1-203 (1)(c). See Utah Code 17B-1-201- Groundwater right owner request: means a request under Section
17B-1-204 that is signed by owners of water rights as provided in Subsection17B-1-204 (2)(b)(ii). See Utah Code 17B-1-201- Highway: includes :
(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5- Home state: means :
(14)(a) for a state chartered depository institution, the state that charters the institution;(14)(b) for a federally chartered depository institution, the state where the institution's main office is located; and(14)(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- Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
- Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
- Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection
17B-1-203 (1)(f). See Utah Code 17B-1-201- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Institution: means :
(19)(a) a corporation;(19)(b) a limited liability company;(19)(c) a partnership;(19)(d) a trust;(19)(e) an association;(19)(f) a joint venture;(19)(g) a pool;(19)(h) a syndicate;(19)(i) an unincorporated organization; or(19)(j) any form of business entity. See Utah Code 7-1-103- Intellectual property: means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them. See Utah Code 34-39-2
- Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Issuer: means :
(5)(a) a depository institution that issues a device for access, whether or not the depository institution is an operator; or(5)(b) a state or federal governmental agency that issues a device for access that allows a person to receive benefits from or through the state or federal governmental agency. See Utah Code 7-16a-102- 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 :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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 governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
- Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- 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
- Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
- Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
- Municipality: means a city or town. See Utah Code 17B-1-102
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operator: means an institution that:
(7)(a)(7)(a)(i) is a depository institution;(7)(a)(ii) is a depository institution holding company; or(7)(a)(iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and(7)(b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101
- Person: means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
- Person: means :
(27)(a) an individual;(27)(b) a corporation;(27)(c) a limited liability company;(27)(d) a partnership;(27)(e) a trust;(27)(f) an association;(27)(g) a joint venture;(27)(h) a pool;(27)(i) a syndicate;(27)(j) a sole proprietorship;(27)(k) an unincorporated organization; or(27)(l) any form of business entity. See Utah Code 7-1-103- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Petition: means a petition under Subsection
17B-1-203 (1)(a), (b), (c), or (d). See Utah Code 17B-1-201- Point-of-sale terminal: means an electronic information processing device controlled by or accessible to a merchant or other provider of goods or services that authorizes:
(6)(a) in payment for goods or services, a debit or credit to a customer's account at:(6)(a)(i) a depository institution; or(6)(a)(ii) a state or federal governmental agency; and(6)(b) the merchant or other provider of goods or services to dispense currency or coin to a customer. See Utah Code 7-16a-102- Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
- Post-incarceration services: includes :
(5)(b)(i) educational services;(5)(b)(ii) housing services;(5)(b)(iii) health care services;(5)(b)(iv) workforce services; and(5)(b)(v) human services programs. See Utah Code 17-55-101- 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.
- Preference eligible: means the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
- Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property owner request: means a request under Section
17B-1-204 that is signed by owners of real property as provided in Subsection17B-1-204 (2)(b)(i). See Utah Code 17B-1-201- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public entity: means :
(22)(a) the United States or an agency of the United States;(22)(b) the state or an agency of the state;(22)(c) a political subdivision of the state or an agency of a political subdivision of the state;(22)(d) another state or an agency of that state; or(22)(e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102- Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Quorum: The number of legislators that must be present to do business.
- Random testing: means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. See Utah Code 34-41-101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
- Registered voter petition: means a petition under Subsection
17B-1-203 (1)(b). See Utah Code 17B-1-201- Registered voter request: means a request under Section
17B-1-204 that is signed by registered voters as provided in Subsection17B-1-204 (2)(b)(iii). See Utah Code 17B-1-201- Representative office: means a place of business of a foreign depository institution located in this state that is authorized to exercise powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
- Request: means a request as described in Section
17B-1-204 . See Utah Code 17B-1-201- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Responsible body: means the governing body of:
(12)(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;(12)(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:(12)(b)(i) the unincorporated part of the county; or(12)(b)(ii) more than one municipality within the county;(12)(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or(12)(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection17B-1-203 (1)(f). See Utah Code 17B-1-201- Responsible clerk: means :
(13)(a) except as provided in Subsection (13)(b), the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body; or(13)(b) for the proposed creation of an infrastructure financing district, the clerk of the county in which the majority of the acreage within the boundary of the proposed infrastructure financing district is located. See Utah Code 17B-1-201- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retail: means , with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user. See Utah Code 17B-1-401
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5- Rollover: means the extension or renewal of the term of a deferred deposit loan. See Utah Code 7-23-102
- Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
(25)(a) parliamentary order and procedure;(25)(b) ethical behavior; and(25)(c) civil discourse. See Utah Code 17B-1-102- Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
- Savings and loan association: means :
(31)(a) a federal savings and loan association; and(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103- Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
- Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Service member: means a currently serving member of the armed forces. See Utah Code 34-50-102
- Service of process: The service of writs or summonses to the appropriate party.
- 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.
- Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
- Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102- Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or an infrastructure financing district. See Utah Code 17B-1-102
- State: means , unless the context demands otherwise:
(33)(a) a state;(33)(b) the District of Columbia; or(33)(c) the territories of the United States. See Utah Code 7-1-103- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102
- State institution of higher education: means the institution as defined in Section
53B-3-102 . See Utah Code 34-41-101- Statute: A law passed by a legislature.
- Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
- Tax and revenue anticipation bond: means a bond:
(34)(a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and(34)(b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102- Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
- Veteran: means the same as that term is defined in Section Utah Code 34-50-102
- 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.
- Victim advocate: work with prosecutors and assist the victims of a crime.
- Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
- Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Wholesale: means , with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider. See Utah Code 17B-1-401
- Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5 - Applicable area: means :