Utah Code > Title 9 > Chapter 8a – State Historic Preservation Office

		Sections
Part 1	General Provisions	9-8a-101
Part 2	State Historic Preservation Office	9-8a-201 – 9-8a-206
Part 3	Antiquities	9-8a-301 – 9-8a-309
Part 4	Historic Sites	9-8a-401 – 9-8a-405
Part 5	Historical Preservation Act	9-8a-502 – 9-8a-506

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 9 > Chapter 8a - State Historic Preservation Office

Act: means the National Community and Service Trust Act of 1993, Utah Code 9-20-102
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See 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.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8a-302
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.
Amortization: Paying off a loan by regular installments.
Ancient human remains: means all or part of the following that are historic or prehistoric:
(2)(a) a physical individual; and
(2)(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 9-8a-302
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 office created in Section 9-8a-304. See Utah Code 9-8a-302
Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. 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: 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
Appropriation: means an allocation of money by the governing body for a specific purpose. See Utah Code 10-6-106
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 9-8a-302
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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:
     (4)(a) an opinion question specifically authorized by the Legislature;
     (4)(b) a constitutional amendment;
     (4)(c) an initiative;
     (4)(d) a referendum;
     (4)(e) a bond proposition;
     (4)(f) a judicial retention question;
     (4)(g) an incorporation of a city or town; or
     (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
Board: means the Board of State History. See Utah Code 9-8-102
Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8a-101
Bonds: means the bonds authorized to be issued by the board under this chapter, and may consist of bonds, notes, or debt obligations evidencing an obligation to repay borrowed money and payable solely from revenues and other money of the board pledged for repayment. See Utah Code 53B-13-102
bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
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
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
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
Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
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
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
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:
          (3)(a)(i) the rules of the contest are not approved by the commission;
          (3)(a)(ii) a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;
          (3)(a)(iii) a correct HIV negative test regarding each contestant has not been provided to the commission;
          (3)(a)(iv) the contest is not conducted in accordance with commission rules; or
          (3)(a)(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 the specimen's recovery. See Utah Code 9-8a-302
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
Committee: means the National Register Review Committee created in Section 9-8a-204. See Utah Code 9-8a-101
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
Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
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
Continuing political party: means an organization of voters that:
(1)(a) participated in the last regular general election; and
(1)(b) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election. See Utah Code 20A-8-101
Continuing political party: means the same as that term is defined in Section 20A-8-101. See Utah Code 20A-9-101
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
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.
Cost of attendance: includes costs payable to the institution, other direct educational expenses, transportation, and living expenses while attending the institution. See Utah Code 53B-13a-102
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 Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the county political party, are members of the registered political party. See Utah Code 20A-8-101
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 9-8a-302
Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106
Deed: The legal instrument used to transfer title in real property from one person to another.
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 Cultural and Community Engagement. See Utah Code 9-1-102
Dependent: A person dependent for support upon another.
Designated commission member: means a member of the commission designated to:
(7)(a) attend and supervise a particular contest; and
(7)(b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101
Director: means the director of the Utah Historical Society. 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
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.
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 Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
Division: means the Division of Indian Affairs. See Utah Code 9-9-402
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 9-8a-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 cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
Election officer: means :
     (23)(a) the lieutenant governor, for all statewide ballots and elections;
     (23)(b) the county clerk for:
          (23)(b)(i) a county ballot and election; and
          (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
Electronic candidate qualification process: means :
     (5)(a) as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:
          (5)(a)(i) Section 20A-9-403;
          (5)(a)(ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
          (5)(a)(iii) Section 20A-21-201; and
     (5)(b) as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:
          (5)(b)(i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
          (5)(b)(ii) Section 20A-9-408; and
          (5)(b)(iii) Section 20A-21-201. See Utah Code 20A-9-101
Electronic referendum process: means :
(6)(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
(6)(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
Eligible borrower: means a person, or the parent of a person, who is eligible to borrow under regulations applicable to the student loan program. See Utah Code 53B-13-102
Eligible institution: means an institution which is approved by the board and the United States Secretary of Education for purposes of the guaranteed loan program. See Utah Code 53B-13-102
Eligible student: means a financially needy student who is:
          (2)(a)(i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at least a half-time basis, as defined by the board, in an eligible postsecondary program leading to a defined education or training objective, as defined by the board;
          (2)(a)(ii) making satisfactory academic progress, as defined by the institution in published policies or rules, toward an education or training objective; and
          (2)(a)(iii)
               (2)(a)(iii)(A) a resident student under Section 53B-8-102 and rules of the board; or
               (2)(a)(iii)(B) exempt from paying the nonresident portion of total tuition under Section 53B-8-106. See Utah Code 53B-13a-102
Elimination unarmed combat contest: means a contest where:
     (9)(a) a number of contestants participate in a tournament;
     (9)(b) the duration is not more than 48 hours; and
     (9)(c) the loser of each contest is eliminated from further competition. See Utah Code 9-23-101
Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701
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
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}
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 9-8a-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
Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Fiduciary: A trustee, executor, or administrator.
Filing officer: means :
     (7)(a) the lieutenant governor, for:
          (7)(a)(i) the office of United States Senator and United States Representative; and
          (7)(a)(ii) all constitutional offices;
     (7)(b) for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
     (7)(c) the county clerk, for county offices and local school district offices;
     (7)(d) the county clerk in the filer's county of residence, for multicounty offices;
     (7)(e) the city or town clerk, for municipal offices; or
     (7)(f) the special district clerk, for special district offices. See Utah Code 20A-9-101
Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an institution for any period of attendance as defined by the board, after considering the student's expected family contribution. See Utah Code 53B-13a-102
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.
Forbearance: A means of handling a delinquent loan. A
Foundation: means a foundation established as described in Subsections 9-22-104(3) and (4). See Utah Code 9-22-102
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
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 10-6-106
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 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102
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
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 9-8a-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 9-8a-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
Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102
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 9-8a-302
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
Initial fiscal impact statement: means a financial statement prepared under Section Utah Code 20A-7-101
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
institution: means :
(8)(a) an institution of higher education listed in Section 53B-1-102; or
(8)(b) a Utah private, nonprofit postsecondary institution that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13a-102
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
Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
Judge: means an individual qualified by training or experience to:
     (11)(a) rate the performance of contestants;
     (11)(b) score a contest; and
     (11)(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 :
     (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
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}
Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
Legally referable to voters: means :
(18)(a) for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section Utah Code 20A-7-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means an individual licensed by the commission to act as a:
     (12)(a) contestant;
     (12)(b) judge;
     (12)(c) manager;
     (12)(d) promoter;
     (12)(e) referee;
     (12)(f) second; or
     (12)(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.
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Man: means an adult human male. See Utah Code 68-3-12.5
Manager: means an individual who represents a contestant for the purpose of:
     (13)(a) obtaining a contest for a contestant;
     (13)(b) negotiating terms and conditions of the contract under which the contestant will engage in a contest; or
     (13)(c) arranging for a second for the contestant at a contest. See Utah Code 9-23-101
Manual candidate qualification process: means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs. See Utah Code 20A-9-101
Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
Municipal office: means an elective office in a municipality. See Utah Code 20A-9-101
Municipality: means :
     (5)(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;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 20A-1-102
Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
Museum of Utah: means the Museum of Utah created in Section 9-8-209. See Utah Code 9-8-102
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
Newly registered political party: means a statewide organization of voters that has complied with the petition and organizing procedures of this chapter to become a registered political party. See Utah Code 20A-8-101
Nonfederal land: includes :
          (12)(b)(i) land owned or controlled by:
               (12)(b)(i)(A) the state;
               (12)(b)(i)(B) a county, city, or town;
               (12)(b)(i)(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
               (12)(b)(i)(D) a person other than the federal government; or
          (12)(b)(ii) school and institutional trust lands. See Utah Code 9-8a-302
Nonfederal land: includes :
          (10)(b)(i) land owned or controlled by:
               (10)(b)(i)(A) the state;
               (10)(b)(i)(B) a county, city, or town;
               (10)(b)(i)(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
               (10)(b)(i)(D) a person other than the federal government; or
          (10)(b)(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.
Obligations: means student loan notes and other debt obligations reflecting loans to students which the board may take, acquire, buy, sell, or endorse under this chapter, and may include a direct or indirect interest in the whole or any part of the notes or obligations. See Utah Code 53B-13-102
Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
Oversight: Committee review of the activities of a Federal agency or program.
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
Partner award: means a financial award described in Section 53B-13a-106. See Utah Code 53B-13a-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.
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
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
Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
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
Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Presiding officers: means the president of the Senate and the speaker of the House of Representatives. See Utah Code 20A-7-101
Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8a-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
Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
Program: means the Utah Promise Program. See Utah Code 53B-13a-102
Promise partner: means an employer that participates in the program described in Section 53B-13a-106. See Utah Code 53B-13a-102
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:
(15)(a) occur during the same time and at the same location; and
(15)(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
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:
(10)(a) through a request for proposals process; or
(10)(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 institution of higher education: means the same as that term is defined in Section 53B-16-301. See Utah Code 20A-8-101
Purple Heart recipient: means any Utah resident who is a military veteran and who has earned a Purple Heart award as a result of military service. See Utah Code 53B-8e-102
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
Qualified political party: means a registered political party that:
     (13)(a)
          (13)(a)(i) permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or
          (13)(a)(ii) provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;
     (13)(b) does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;
     (13)(c) permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:
          (13)(c)(i) seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or
          (13)(c)(ii) seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and
     (13)(d)
          (13)(d)(i) if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101
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 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
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:
     (17)(a) enforcing the rules relating to the contest;
     (17)(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
     (17)(c) acting as a judge if so designated by the commission. See Utah Code 9-23-101
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum petition: means :
     (32)(a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
     (32)(b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
     (32)(c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or
     (32)(d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101
Registered political party: means an organization of voters that:
     (5)(a)
          (5)(a)(i) participated in the last regular general election; and
          (5)(a)(ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
     (5)(b) has complied with the petition and organizing procedures of this chapter. See Utah Code 20A-8-101
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
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
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 9-8a-302
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
Resolution: when used in relation to the issuance of bonds, means the resolution or trust agreement securing the bonds. See Utah Code 53B-13-102
Review committee: means the committee established under Section 9-22-114. See Utah Code 9-22-102
Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
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
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
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 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.
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 9-8a-302
Society: means the Utah Historical Society created in Section 9-8-201. See Utah Code 9-8-102
Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
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 9-8a-302
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
Stacked credentials: means credentials that:
     (12)(a) an individual can build upon to access an advanced job or higher wage;
     (12)(b) are part of a career pathway system;
     (12)(c) provide a pathway culminating in the equivalent of an associate's or bachelor's degree;
     (12)(d) facilitate multiple exit and entry points; and
     (12)(e) recognize sub-goals or momentum points. See Utah Code 9-22-102
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 institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 53B-8e-102
State land: means land owned by the state including the state's:
          (18)(a)(i) legislative and judicial branches;
          (18)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
          (18)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-8a-302
State land: means land owned by the state including the state's:
          (14)(a)(i) legislative and judicial branches;
          (14)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
          (14)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
State political party: means , for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party. See Utah Code 20A-8-101
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 9-8a-402
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
Student: means a person who, under rules promulgated by the board, is enrolled or accepted for enrollment at an eligible institution and who is making suitable progress in his education toward obtaining a degree or other appropriate certification in accordance with standards acceptable to the board. See Utah Code 53B-13-102
Subpoena: A command to a witness to appear and give testimony.
Survey: means a surface investigation for archaeological resources that may include:
(19)(a) insubstantial surface collection of archaeological resources; and
(19)(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 9-8a-302
Swear: includes "affirm. See Utah Code 68-3-12.5
Ticket: means a list of:
     (73)(a) political parties;
     (73)(b) candidates for an office; or
     (73)(c) ballot propositions. See Utah Code 20A-1-102
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: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Town general fund: means the general fund used by a town. See Utah Code 10-5-102.5
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:
     (15)(a) tribal cultural practices;
     (15)(b) tribal lands;
     (15)(c) tribal resources;
     (15)(d) access to traditional areas of tribal cultural or religious importance; or
     (15)(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
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.
Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8e-102
Ultimate fighting: means a live contest, whether or not an admission fee is charged, in which:
     (22)(a) contest rules permit contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques;
     (22)(b) contest rules incorporate a formalized system of combative techniques against which a contestant's performance is judged to determine the prevailing contestant;
     (22)(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;
     (22)(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
     (22)(e) contest rules prohibit contestants from:
          (22)(e)(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;
          (22)(e)(ii) striking a person who demonstrates an inability to protect himself from the advances of an opponent;
          (22)(e)(iii) biting; or
          (22)(e)(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:
          (1)(d)(i) carried out by or on behalf of a state agency;
          (1)(d)(ii) carried out with financial assistance from the state; or
          (1)(d)(iii) that requires a state permit, license, or approval. See Utah Code 9-8a-402
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlawful conduct: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See Utah Code 9-23-101
Unprofessional conduct: means :
     (25)(a) entering into a contract for a contest in bad faith;
     (25)(b) participating in any sham or fake contest;
     (25)(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;
     (25)(d) engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;
     (25)(e) failing to comply with any limitation, restriction, or condition placed on a license;
     (25)(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;
     (25)(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
     (25)(h) as further defined by rules made by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 9-23-101
Uphold: The decision of an appellate court not to reverse a lower court decision.
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
Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
Vacancy: means :
(75)(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
(75)(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
Venue: The geographical location in which a case is tried.
Veteran: means an individual who:
          (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
               (44)(a)(i)(A) on active duty; or
               (44)(a)(i)(B) in a reserve component, to include the National Guard; or
          (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
          (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
Voter: means an individual who:
     (79)(a) meets the requirements for voting in an election;
     (79)(b) meets the requirements of election registration;
     (79)(c) is registered to vote; and
     (79)(d) is listed in the official register book. See Utah Code 20A-1-102
Warrant: means an order drawn upon the city treasurer, in the absence of sufficient money in the city's depository, by an authorized officer of a city for the purpose of paying a specified amount out of the city treasury to the person named or to the bearer as money becomes available. See Utah Code 10-6-106
White-collar contest: means a contest conducted at a training facility where no alcohol is served in which:
(26)(a) for boxing:
(26)(a)(i) neither contestant is or has been a licensed contestant in any state or an amateur registered with USA Boxing, Inc. See Utah Code 9-23-101
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