Terms Used In Utah Code > Title 35A > Chapter 8 > Part 10 - State Community Services Act

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Automated sales suppression device: means :
       (1)(a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or
       (1)(b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Catalytic converter: means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions. See Utah Code 76-6-1402
• Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
       (1)(a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and
       (1)(b) is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002
• Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002
• Community Services Block Grant: means the Federal Community Services Block Grant Act, Utah Code 35A-8-1002
• Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Dealer: means :
       (2)(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:

            (2)(a)(i) junk dealers as defined in Section 76-6-1402;

            (2)(a)(ii) solid waste management facilities as defined in Section 19-6-502; or

            (2)(a)(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:

                 (2)(a)(iii)(A) retailers;

                 (2)(a)(iii)(B) wholesalers;

                 (2)(a)(iii)(C) battery manufacturers; and

                 (2)(a)(iii)(D) secondary lead smelters. See Utah Code 76-6-1402
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
• Donor: The person who makes a gift.
• Electronic cash register: means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data. See Utah Code 76-6-1302
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Ferrous metal: means a metal that contains significant quantities of iron or steel. See Utah Code 76-6-1402
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
       (4)(a) contains a numerical identifier and a photograph of the person identified;
       (4)(b) provides the date of birth of the person identified; and
       (4)(c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402
• Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Metals refiner: means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal. See Utah Code 76-6-1402
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mother: means a parent who is of the female sex. 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.
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
• Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• Person: means an individual, business, or entity. See Utah Code 76-6-1302
• Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 76-6a-101
• 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
• Phantomware: means a programming option that:
       (4)(a) is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and
       (4)(b) can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register. See Utah Code 76-6-1302
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
• 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
• Pyramid scheme: means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation that is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property. See Utah Code 76-6a-101
• Regulated metal: includes :
            (9)(b)(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;
            (9)(b)(ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:

                 (9)(b)(ii)(A) a telephone, cable, electric, water, or other utility; or

                 (9)(b)(ii)(B) a railroad company;
            (9)(b)(iii) unused and undamaged building construction materials made of metal or alloy, including:

                 (9)(b)(iii)(A) copper pipe, tubing, or wiring; and

                 (9)(b)(iii)(B) aluminum wire, siding, downspouts, or gutters;
            (9)(b)(iv) oil well rigs, including any part of the rig;
            (9)(b)(v) nonferrous materials, stainless steel, and nickel; and
            (9)(b)(vi) irrigation pipe. See Utah Code 76-6-1402
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 76-6-1101
• Scrap metal processor: means any person:
       (10)(a) who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and
       (10)(b) whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes. See Utah Code 76-6-1402
• Sensitive personal identifying information: includes :
       (4)(a) the following information regarding an individual's:

            (4)(a)(i) Social Security number;

            (4)(a)(ii) driver license number or other government issued identification number;

            (4)(a)(iii) financial account number or credit or debit card number;

            (4)(a)(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;

            (4)(a)(v) automated or electronic signature; and

            (4)(a)(vi) unique biometric data; and
       (4)(b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• Transaction data: includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction. See Utah Code 76-6-1302
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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