§ 53B-13-101 Short title of chapter
§ 53B-13-102 Definitions
§ 53B-13-103 Powers of Utah Board of Higher Education
§ 53B-13-104 Issuance of bonds — Disposition of funds — Refunding bonds — Resolution to authorize bonds — Contents — Sale of bonds — Bond debt service reserve funds — Restoration of fund assets — Establishment of other subfunds
§ 53B-13-105 Agreements with bondholders unalterable
§ 53B-13-106 Investments in bonds of the board
§ 53B-13-107 Payment of funds — Payment on warrants — Contracts with bondholders — Security
§ 53B-13-108 Bonds and interest exempt from taxation except corporate franchise tax
§ 53B-13-109 Board pledges — Attachment of lien — Recording unnecessary
§ 53B-13-110 Default by board — Appointment of a trustee — Powers of the trustee and bondholders
§ 53B-13-111 Loans or purchase of obligations — Rules — Options — Repayment of federally insured loans
§ 53B-13-112 Separation of duties, responsibilities, funds, liabilities, and expenses — Immunity from personal liability
§ 53B-13-113 Bond approval by attorney general incontestable after 30 days — Recital of certification
§ 53B-13-114 Mandamus in Supreme Court — Precedence

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Terms Used In Utah Code > Title 53B > Chapter 13 - Higher Education Loan Act

  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • 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
  • 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.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
  • 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
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County 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
  • 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 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
  • Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
  • 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
  • Forbearance: A means of handling a delinquent loan. A
  • 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.
  • 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
  • Municipality: means a city or town. See Utah Code 20A-1-102
  • 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
  • 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
  • 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
  • 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
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Public institution of higher education: means the same as that term is defined in Section 53B-16-301. See Utah Code 20A-8-101
  • 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
  • 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
  • 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
  • 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 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
  • 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
  • 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
  • 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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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