Terms Used In Utah Code > Title 10 > Chapter 18 > Part 1 - General Provisions

• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Cable television service: means :
       (1)(a) the one-way transmission to subscribers of:

            (1)(a)(i) video programming; or

            (1)(a)(ii) other programming service; and
       (1)(b) subscriber interaction, if any, that is required for the selection or use of:

            (1)(b)(i) the video programming; or

            (1)(b)(ii) other programming service. See Utah Code 10-18-102
• Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102
• Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
• Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
• Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
• Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
            (7)(a)(i) a gift, subscription, loan, advance, or deposit of money or anything of value;
            (7)(a)(ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
            (7)(a)(iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
• Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
• Direct costs: means those expenses of a municipality that:
       (4)(a) are directly attributable to providing:

            (4)(a)(i) a cable television service; or

            (4)(a)(ii) a public telecommunications service; and
       (4)(b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
• Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
• Fiduciary: A trustee, executor, or administrator.
• Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
            (6)(a)(i) a cable television service; or
            (6)(a)(ii) a public telecommunications service. See Utah Code 10-18-102
• Indirect costs: means any costs:
            (7)(a)(i) identified with two or more services or other functions; and
            (7)(a)(ii) that are not directly identified with a single service or function. See Utah Code 10-18-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• 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
• organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
            (2)(a)(i) who is or holds itself out to be:

                 (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;

                 (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or

                 (2)(a)(i)(C) established for any charitable purpose;
            (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
            (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
• 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
• Private provider: means a person that:
       (8)(a) provides:

            (8)(a)(i) cable television services; or

            (8)(a)(ii) public telecommunications services; and
       (8)(b) is a private entity. See Utah Code 10-18-102
• Professional fund raiser: means a person who:
            (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:

                 (16)(a)(i)(A) solicits contributions; or

                 (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
            (16)(a)(ii)

                 (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and

                 (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
            (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
            (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
            (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
• Professional fund raising consultant: means a person who:
            (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
            (17)(a)(ii) does not solicit contributions;
            (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
            (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
• Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
• Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
• 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.
• solicitation: includes :
            (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:

                 (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;

                 (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or

                 (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
            (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Subscribers: means a person that lawfully receives:
       (11)(a) cable television services; or
       (11)(b) public telecommunications services. See Utah Code 10-18-102
• Trustee: A person or institution holding and administering property in trust.
• 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