Terms Used In Utah Code > Title 10 > Chapter 5 - Uniform Fiscal Procedures Act for Utah Towns

• Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the National Community and Service Trust Act of 1993, Utah Code 9-20-102
• Activity regulated under this title: means an act, attempted act, or activity prohibited or regulated under this title or the rules and proclamations promulgated under this title pertaining to protected wildlife including:
       (1)(a) fishing;
       (1)(b) hunting;
       (1)(c) trapping;
       (1)(d) taking;
       (1)(e) permitting a dog, falcon, or other domesticated animal to take;
       (1)(f) transporting;
       (1)(g) possessing;
       (1)(h) selling;
       (1)(i) wasting;
       (1)(j) importing;
       (1)(k) exporting;
       (1)(l) rearing;
       (1)(m) keeping;
       (1)(n) using as a commercial venture; and
       (1)(o) releasing to the wild. See Utah Code 23A-1-101
• 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.
• Affiliate: means :
       (1)(a) a person that directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

            (1)(a)(i) as a fiduciary or agent without sole discretionary power to vote the securities; or

            (1)(a)(ii) solely to secure a debt, if the person has not exercised the power to vote;
       (1)(b) a corporation 20% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

            (1)(b)(i) as a fiduciary or agent without sole discretionary power to vote the securities; or

            (1)(b)(ii) solely to secure a debt, if the person has not exercised the power to vote;
       (1)(c) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
       (1)(d) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Utah Code 25-6-102
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aggregator: means any person or entity that:
            (2)(a)(i) is not a telecommunications corporation;
            (2)(a)(ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and
            (2)(a)(iii) receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2
• 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.
• Annualized billing period: means :
       (1)(a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or
       (1)(b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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 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.
• Appraisal: A determination of property value.
• 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
• Aquaculture facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3
• Asset: means property of a debtor, but does not include:
       (2)(a) property to the extent it is encumbered by a valid lien;
       (2)(b) property to the extent it is generally exempt under nonbankruptcy law; or
       (2)(c) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Utah Code 25-6-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means two or more operators organized to receive notification of excavation activities in the state, as provided by Section 54-8a-9. See Utah Code 54-8a-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized person: means an employee or agent:
       (1)(a) of a public utility that:

            (1)(a)(i) generates, transmits, or delivers electricity; or

            (1)(a)(ii) provides and whose work relates to communication services;
       (1)(b) of an industrial plant whose work relates to the electrical system of the industrial plant;
       (1)(c) of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or
       (1)(d) of a state, county, or municipal agency which has or whose work relates to:

            (1)(d)(i) overhead electrical lines;

            (1)(d)(ii) overhead lighting systems;

            (1)(d)(iii) authorized overhead circuit construction;

            (1)(d)(iv) conductors on poles; or

            (1)(d)(v) structures of any type. See Utah Code 54-8c-1
• Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic residential service: means a local exchange service for a residential customer consisting of:
       (3)(a) a single line with access to the public switched network;
       (3)(b) touch-tone or the functional equivalent;
       (3)(c) local flat-rate unlimited usage, exclusive of extended area service;
       (3)(d) single-party service;
       (3)(e) a free phone number listing in directories received for free;
       (3)(f) access to operator services;
       (3)(g) access to directory assistance;
       (3)(h) access to lifeline and telephone relay assistance;
       (3)(i) access to 911 and E911 emergency services;
       (3)(j) access to long-distance carriers;
       (3)(k) access to toll limitations services;
       (3)(l) other services as may be determined by the commission; and
       (3)(m) no feature. See Utah Code 54-8b-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• Big game: includes deer, elk, big horn sheep, moose, mountain goats, pronghorn. See Utah Code 23A-11-101
• Big game byproduct: means those parts of the carcass of a lawfully taken big game animal that are listed in Subsections (2)(a)(i) through (ix):
            (2)(a)(i) bones with less than 1/2 inch of attached muscle tissue;
            (2)(a)(ii) fat, tendons, ligaments, cartilage, and silverskin with less than 1/2 inch attached muscle tissue;
            (2)(a)(iii) muscle tissue damaged by wound channels and within one inch of damaged tissue;
            (2)(a)(iv) head;
            (2)(a)(v) rib and neck meat on deer, pronghorn, mountain goat, and bighorn sheep;
            (2)(a)(vi) antlers and horns;
            (2)(a)(vii) legs below the knee and hock;
            (2)(a)(viii) internal organs; and
            (2)(a)(ix) hide. See Utah Code 23A-11-101
• Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2
• Board: means the Utah Natural Resources Legacy Fund Board created in Section 23A-3-305. See Utah Code 23A-3-301
• Board: means a local board of health established under Section 26A-1-109. See Utah Code 26A-1-102
• Business hours: means the hours between 8:00 a. See Utah Code 54-8a-2
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• Centerfire rifle hunt: means a hunt for which a hunter may use a centerfire rifle, except as provided in Subsection (3)(b). See Utah Code 23A-11-101
• Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Utah Code 25-6-102
• Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• 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
• Commissioner: means a member of the commission. See Utah Code 54-2-1
• Common facilities: means all works and facilities:
       (1)(a) owned or used by two or more public power entities or power utilities; and
       (1)(b) necessary to the generation, transmission, or distribution of electric power and energy. See Utah Code 54-9-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3
• 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
• Conservation officer: means a full-time, permanent employee of the division who is POST certified as a peace or a special function officer. See Utah Code 23A-1-101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3
• Conveyance: includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area. See Utah Code 23A-10-101
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative wildlife management unit: means a generally contiguous area of land that is:
       (1)(a) open for hunting small game, waterfowl, turkey, or big game; and
       (1)(b) registered in accordance with this chapter and rules of the Wildlife Board. See Utah Code 23A-7-101
• Cooperative wildlife management unit agent: means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23A-7-207. See Utah Code 23A-7-101
• Cooperative wildlife management unit authorization: means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit. See Utah Code 23A-7-101
• Cooperative wildlife management unit permit: means a permit authorizing the possessor to hunt turkey, or big game in a cooperative wildlife management unit. See Utah Code 23A-7-101
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County governing body: means one of the types of county government provided for in Title 17, Chapter 52a, Part 2, Forms of County Government. See Utah Code 26A-1-102
• County health department: means a local health department that serves a county and municipalities located within that county. See Utah Code 26A-1-102
• 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
• Creditor: means a person that has a claim. See Utah Code 25-6-102
• Cultivated crops: means :
       (2)(a) annual or perennial crops harvested from or on cleared and planted land;
       (2)(b) perennial orchard trees on cleared and planted land;
       (2)(c) crop residues that have forage value for livestock; and
       (2)(d) pastures. See Utah Code 23A-8-101
• Cultivated crops: means :
       (4)(a) annual or perennial crops harvested from or on cleared and planted land;
       (4)(b) perennial orchard trees on cleared and planted land;
       (4)(c) crop residues that have forage value for livestock; and
       (4)(d) pastures. See Utah Code 23A-11-101
• 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
• Customer-generated electricity: means electricity that:
       (2)(a) is generated by a customer generation system for a customer participating in a net metering program;
       (2)(b) exceeds the electricity the customer needs for the customer's own use; and
       (2)(c) is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: means liability on a claim. See Utah Code 25-6-102
• Debtor: means a person that is liable on a claim. See Utah Code 25-6-102
• Decedent: A deceased person.
• Decontaminate: means to:
       (2)(a) drain and dry non-treated water; and
       (2)(b) chemically or thermally treat in accordance with rule. See Utah Code 23A-10-101
• Dedicated hunter program: means a program that provides:
       (11)(a) expanded hunting opportunities;
       (11)(b) opportunities to participate in projects that are beneficial to wildlife; and
       (11)(c) education in hunter ethics and wildlife management principles. See Utah Code 23A-1-101
• 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.
• Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
• Depredation: means an act causing damage or death. See Utah Code 23A-8-101
• Depredation mitigation plan: means the plan described in Subsection 23A-8-402(2). See Utah Code 23A-8-101
• Devise: To gift property by will.
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• 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 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribution electrical cooperative: includes an electrical corporation that:
       (8)(a) is a cooperative;
       (8)(b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and
       (8)(c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's:

            (8)(c)(i) members; or

            (8)(c)(ii) patrons. See Utah Code 54-2-1
• Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Division: means the Division of Multicultural Affairs created in Section 9-21-201. See Utah Code 9-21-102
• Division: means the Division of Indian Affairs. See Utah Code 9-9-402
• Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 23A-1-101 v2
• Docket: A log containing brief entries of court proceedings.
• domicile: means the place:
       (15)(a) where an individual has a fixed permanent home and principal establishment;
       (15)(b) to which the individual if absent, intends to return and has an actual plan, method, and means to return to the individual's domicile within six months;
       (15)(c) in which the individual, and the individual's family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home; and
       (15)(d) is a place where the individual resides for the majority of the individual's time. See Utah Code 23A-1-101
• Donor: The person who makes a gift.
• Dreissena mussel: means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel, and Conrad's false mussel. See Utah Code 23A-10-101
• Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3
• Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 25-6-102
• Electronic positive response system: means an automated information system, operated by the association, that allows excavators, locators, operators, and others to communicate the status of an excavation notice. See Utah Code 54-8a-2
• Eligible customer: means a person who:
       (11)(a) on December 31, 2013:

            (11)(a)(i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and

            (11)(a)(ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
       (11)(b) produces electricity:

            (11)(b)(i) from a qualifying power production facility for sale to a public utility in this state;

            (11)(b)(ii) primarily for the eligible customer's own use; or

            (11)(b)(iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
• Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:
       (4)(a) solar photovoltaic and solar thermal energy;
       (4)(b) wind energy;
       (4)(c) hydrogen;
       (4)(d) organic waste;
       (4)(e) hydroelectric energy;
       (4)(f) waste gas and waste heat capture or recovery;
       (4)(g) biomass and biomass byproducts, except for the combustion of:

            (4)(g)(i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or

            (4)(g)(ii) municipal waste in a solid form;
       (4)(h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
       (4)(i) agricultural residues;
       (4)(j) dedicated energy crops;
       (4)(k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or
       (4)(l) geothermal energy. See Utah Code 54-15-102
• Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Endangered Species Act: means the Endangered Species Act of 1973, Utah Code 23A-15-101
• 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
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equipment: means an article, tool, implement, or device capable of carrying or containing:
       (4)(a) water; or
       (4)(b) a Dreissena mussel. See Utah Code 23A-10-101
• Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, explosives, or demolition. See Utah Code 54-8a-2
• Excavation notice: means a communication that:
       (8)(a) has a location request assignment;
       (8)(b) provides notice of a person's intent to excavate in a specified location in the state; and
       (8)(c) meets the requirements of Section 54-8a-4. See Utah Code 54-8a-2
• Excavator: means any person that excavates or conducts excavation activities. See Utah Code 54-8a-2
• Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102
• Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Executive director: means the executive director of the Department of Natural Resources. See Utah Code 23A-1-101
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Facility: means a structure that is located within or adjacent to a water body. See Utah Code 23A-10-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2
• Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2
• Fee fishing facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• fee year: means a one-year period beginning on April 1 and ending on March 31 of the following year. See Utah Code 23A-11-501
• 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
• Feral: means an animal that is normally domesticated but has reverted to the wild. See Utah Code 23A-1-101
• Fiduciary: A trustee, executor, or administrator.
• Financial advantage: means an act through which a person in lawful possession of a protected wildlife carcass uses or disposes of that carcass or carcass parts in a transaction for which the person receives consideration or expects to recover associated costs. See Utah Code 23A-11-101
• 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.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102
• Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 23A-1-101
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
       (13)(a) gas is made or produced on, and distributed by the maker or producer through, private property:

            (13)(a)(i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and

            (13)(a)(ii) not for sale to others;
       (13)(b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
       (13)(c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
• 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 predator control: means a predatory animal removal effort by the division to reduce predatory animal numbers for the benefit of mule deer. See Utah Code 23A-11-401
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing authority: means :
       (8)(a) for a distribution electrical cooperative, its board of directors; and
       (8)(b) for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102
• Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3
• Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• Grantor: The person who establishes a trust and places property into it.
• Growing season: means the portion of a year in which local conditions permit normal plant growth. See Utah Code 23A-8-101
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
• 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
• High voltage: means voltage in excess of 600 volts measured between:
       (3)(a) conductors; or
       (3)(b) a conductor and the ground. See Utah Code 54-8c-1
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Holiday: means all legal holidays as defined in Section 63G-1-301, the Friday after Thanksgiving Day, December 24th, and any other association observed holiday as posted in the association's excavator's guide. See Utah Code 54-8a-2
• Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Hunting guide: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
• 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
• Infested water: means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing a Dreissena mussel. See Utah Code 23A-10-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insider: includes :
       (8)(a) if the debtor is an individual:

            (8)(a)(i) a relative of the debtor or of a general partner of the debtor;

            (8)(a)(ii) a partnership in which the debtor is a general partner;

            (8)(a)(iii) a general partner in a partnership described in Subsection (8)(a)(ii);

            (8)(a)(iv) a corporation of which the debtor is a director, officer, or person in control; or

            (8)(a)(v) a limited liability company of which the debtor is a member or manager;
       (8)(b) if the debtor is a corporation:

            (8)(b)(i) a director of the debtor;

            (8)(b)(ii) an officer of the debtor;

            (8)(b)(iii) a person in control of the debtor;

            (8)(b)(iv) a partnership in which the debtor is a general partner;

            (8)(b)(v) a general partner in a partnership described in Subsection (8)(b)(iv);

            (8)(b)(vi) a limited liability company of which the debtor is a member or manager; or

            (8)(b)(vii) a relative of a general partner, director, officer, or person in control of the debtor;
       (8)(c) if the debtor is a partnership:

            (8)(c)(i) a general partner in the debtor;

            (8)(c)(ii) a relative of a general partner in, a general partner of, or a person in control of the debtor;

            (8)(c)(iii) another partnership in which the debtor is a general partner;

            (8)(c)(iv) a general partner in a partnership described in Subsection (8)(c)(iii);

            (8)(c)(v) a limited liability company of which the debtor is a member or manager; or

            (8)(c)(vi) a person in control of the debtor;
       (8)(d) if the debtor is a limited liability company:

            (8)(d)(i) a member or manager of the debtor;

            (8)(d)(ii) another limited liability company in which the debtor is a member or manager;

            (8)(d)(iii) a partnership in which the debtor is a general partner;

            (8)(d)(iv) a general partner in a partnership described in Subsection (8)(d)(iii);

            (8)(d)(v) a person in control of the debtor; or

            (8)(d)(vi) a relative of a general partner, member, manager, or person in control of the debtor;
       (8)(e) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
       (8)(f) a managing agent of the debtor. See Utah Code 25-6-102
• Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Inter vivos: Transfer of property from one living person to another living person.
• 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
• Inverter: means a device that:
       (9)(a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and
       (9)(b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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
• Landowner association: means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit. See Utah Code 23A-7-101
• Landowner association operator: means a person designated by a landowner association to operate the cooperative wildlife management unit. See Utah Code 23A-7-101
• Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• 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}
• Legacy: A gift of property made by will.
• Legacy fund: means the Utah Natural Resources Legacy Fund created in Section 23A-3-304. See Utah Code 23A-3-301
• 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.
• Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Utah Code 25-6-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, sheep, horses, goats, or turkeys. See Utah Code 23A-8-101
• Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2
• Local food: means the same as that term is defined in Section 4-1-109. See Utah Code 26A-1-102
• Local health department: means :
       (6)(a) a single county local health department;
       (6)(b) a multicounty local health department;
       (6)(c) a united local health department; or
       (6)(d) a multicounty united local health department. See Utah Code 26A-1-102
• Location: means the site of a proposed area of excavation described:
       (13)(a)

            (13)(a)(i) by street address, if available;

            (13)(a)(ii) by the area at that street address to be excavated; and

            (13)(a)(iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or
       (13)(b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2
• long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Management plan: means a document prepared in accordance with this chapter that describes how one or more tracts of land owned or managed by the division are to be used. See Utah Code 23A-6-101
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-8-101
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-11-101
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Mark: means to locate and indicate the existence of a line or facility according to the guidelines published by the association in the association's current version of the excavator's guide. See Utah Code 54-8a-2
• Mental health authority: means a local mental health authority created in Section 17-43-301. See Utah Code 26A-1-102
• Migratory bird: means the same as that term is defined in Utah Code 23A-13-101
• Migratory bird production area: means an area of land that is:
       (2)(a) created under this chapter; and
       (2)(b) used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B). See Utah Code 23A-13-101
• Mitigation review panel: means the panel created under Section 23A-8-404. See Utah Code 23A-8-101
• Mobile telecommunications service: means a mobile telecommunications service:
       (12)(a) that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, Utah Code 54-8b-2
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multicounty local health department: means a local health department that is formed under Section 26A-1-105 and that serves two or more contiguous counties and municipalities within those counties. See Utah Code 26A-1-102
• Multicounty united local health department: means a united local health department that is formed under Section Utah Code 26A-1-102
• 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
• 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
• Natural flowing stream: includes perennial or intermittent water flows in a:
            (26)(b)(i) realigned or modified channel that replaces the historic, natural flowing stream channel; and
            (26)(b)(ii) dredged natural flowing stream channel. See Utah Code 23A-1-101
• Natural lake: means a perennial or intermittent body of water that collects on the surface of the earth exclusively through the forces of nature and without human assistance. See Utah Code 23A-1-101
• Natural resources officer: means the same as that term is defined in Section 79-2-701. See Utah Code 23A-1-101 v2
• Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:
       (10)(a) the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and
       (10)(b) the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102
• Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102
• Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:
       (12)(a) generate electricity primarily for the customer's own use;
       (12)(b) supply customer-generated electricity to the electrical corporation; and
       (12)(c) if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102
• New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2
• No response notice: means notice given by an excavator to the association that:
       (17)(a) describes indications of specific facilities or facility types;
       (17)(b) indicates that the facilities or facility types were not marked by the operator at the site of the proposed excavation; and
       (17)(c) is submitted after the excavator previously submitted an excavation notice regarding the site. See Utah Code 54-8a-2
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominating committee: means the Wildlife Board Nominating Committee created in Section 23A-2-302. See Utah Code 23A-1-101
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Nonutility energy supplier: means a person that:
       (21)(a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with Utah Code 54-2-1
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
• Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2
• Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2
• Order of constraint: includes a stay-at-home order. See Utah Code 26A-1-102
• Organization: means a person other than an individual. See Utah Code 25-6-102
• Outfitter: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3
• Overhead line: means all bare or insulated electrical conductors installed above the ground. See Utah Code 54-8c-1
• 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
• 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.
• Pecuniary gain: means the acquisition of money or something of monetary value. See Utah Code 23A-1-101
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: includes :
       (19)(a) an individual, government entity, corporation, partnership, association, or company; and
       (19)(b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (19)(a). See Utah Code 54-8a-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 an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Person: means an individual, estate, partnership, limited liability company, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal or commercial entity. See Utah Code 25-6-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Point of delivery: means :
       (8)(a) a meter, for electric facilities; or
       (8)(b) a network interface device, for communication facilities. See Utah Code 54-8-3
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• predator: means a mountain lion or bear. See Utah Code 23A-8-101
• Predator: means a cougar, bear, or coyote. See Utah Code 23A-11-101
• predatory animal: means a coyote. See Utah Code 23A-11-401
• Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
            (38)(a)(i) are propagated or kept for a private noncommercial purpose; and
            (38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
• Private stocking: means an authorized release of privately owned, live fish in the waters of the state not eligible as:
       (39)(a) a private fish pond under Section 23A-9-203; or
       (39)(b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act. See Utah Code 23A-1-101
• Private wildlife farm: means an enclosed place where privately owned birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
       (40)(a) commingling with wild birds or furbearers; and
       (40)(b) escaping into the wild. See Utah Code 23A-1-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: means anything that may be the subject of ownership. See Utah Code 25-6-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected aquatic wildlife: means aquatic wildlife except as provided in Subsection (42)(b). See Utah Code 23A-1-101
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• 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 health emergency: means the same as that term is defined in Section 26B-7-301. See Utah Code 26A-1-102
• Public power entity: means :
       (4)(a) a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and
       (4)(b) an interlocal entity. See Utah Code 54-9-102
• Public switched network: means the same as that term is defined in Utah Code 54-8b-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 54-8b-2
• Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3
• Public utility: means any entity that generates, transmits, or distributes electrical energy, including any:
       (5)(a) public utility as defined in Title 54, Chapter 2, General Provisions;
       (5)(b) municipality as defined in Title 10, Utah Municipal Code;
       (5)(c) agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act;
       (5)(d) improvement district as defined in Section 17B-1-102; or
       (5)(e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 54-8c-1
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, Utah Code 54-2-1
• Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1
• Quorum: The number of legislators that must be present to do business.
• Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
• 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
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in perceivable form. See Utah Code 25-6-102
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regional advisory council: means a council created under Section 23A-2-303. See Utah Code 23A-1-101
• Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Utah Code 25-6-102
• 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
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Reservoir constructed on a natural stream channel: means a body of water collected and stored on the course of a natural flowing stream by impounding the stream through excavation or diking. See Utah Code 23A-1-101
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3
• Responsible party: means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location. See Utah Code 54-8c-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Service: means the United States Fish and Wildlife Service. See Utah Code 23A-15-101
• Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3
• 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.
• Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. See Utah Code 54-8a-2
• Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. See Utah Code 54-2-1
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Shed antler: means any portion of an antler that:
       (8)(a) has been dropped naturally from a big game animal as part of the big game animal's annual life cycle; and
       (8)(b) has a rounded base commonly known as the antler button or burr attached which signifies a natural life cycle process. See Utah Code 23A-11-101
• Shed horn: means :
       (9)(a) the sheath from a pronghorn that has been dropped naturally as part of the animal's annual life cycle; or
       (9)(b) bighorn sheep, mountain goat, or bison horn naturally detached from the horn core. See Utah Code 23A-11-101
• Short-term fishing event: means an event when:
       (49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and
       (49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101
• Sign: means , with present intent to authenticate or adopt a record:
       (15)(a) to execute or adopt a tangible symbol; or
       (15)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 25-6-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Single county local health department: means a local health department that is created by the governing body of one county to provide services to the county and the municipalities within that county. See Utah Code 26A-1-102
• Small game: means species of protected wildlife:
       (50)(a) commonly pursued for sporting purposes;
       (50)(b) not classified as big game, aquatic wildlife, or furbearers; and
       (50)(c) excluding turkey, cougar, and bear. See Utah Code 23A-1-101
• Spoiled: means impairment of the flesh of wildlife that renders the flesh unfit for human consumption. See Utah Code 23A-1-101
• Spotlighting: means throwing or casting the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. See Utah Code 23A-1-101
• Statewide sportsman permit: means a permit:
       (12)(a) issued by the division through a public draw; and
       (12)(b) valid:

            (12)(b)(i) on open hunting units statewide; and

            (12)(b)(ii) for the species of big game and time period designated by the Wildlife Board. See Utah Code 23A-11-101
• Stay-at-home order: means an order of constraint that:
       (13)(a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
       (13)(b) may include exceptions for certain essential tasks. See Utah Code 26A-1-102
• 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
• Substance abuse authority: means a local substance abuse authority created in Section 17-43-201. See Utah Code 26A-1-102
• Summons: Another word for subpoena used by the criminal justice system.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Switchgear: means the combination of electrical disconnects, fuses, or circuit breakers:
       (13)(a) used to:

            (13)(a)(i) isolate electrical equipment; and

            (13)(a)(ii) de-energize equipment to allow work to be performed or faults downstream to be cleared; and
       (13)(b) that is:

            (13)(b)(i) designed, tested, and certified to UL1741; and

            (13)(b)(ii) installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Targeted predator control: means a predatory animal removal effort by the division:
       (3)(a) to reduce predatory animal numbers in an area where mule deer predation occurs; and
       (3)(b) that focuses on specific locations and certain times. See Utah Code 23A-11-401
• Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2
• Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1
• Telephone cooperative: means a telephone corporation that:
       (32)(a) is a cooperative; and
       (32)(b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1
• Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Tolerance zone: means the area surrounding a facility that:
       (21)(a) for an underground facility that has the diameter of the facility marked, is the distance of one half of the marked diameter plus 24 inches on either side of the designated center;
       (21)(b) for an underground facility that does not have the diameter of the facility marked, is 24 inches on either side of the outside edge of the mark indicating a facility; or
       (21)(c) for an above ground facility, is 24 inches in each direction of the outside edge of the physically present facility. See Utah Code 54-8a-2
• Total service long-run incremental cost: means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. See Utah Code 54-8b-2
• 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
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: means every mode, direct or indirect, absolute or conditional, or voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Utah Code 25-6-102
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Trophy animal: means an animal described as follows:
       (57)(a) deer - a buck with an outside antler measurement of 24 inches or greater;
       (57)(b) elk - a bull with six points on at least one side;
       (57)(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
       (57)(d) moose - a bull with at least one antler exceeding five inches in length;
       (57)(e) mountain goat - a male or female;
       (57)(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
       (57)(g) bison - a bull. See Utah Code 23A-1-101
• Trustee: A person or institution holding and administering property in trust.
• turkey: means a wild, free-ranging turkey and does not include a privately owned or domestic turkey. See Utah Code 23A-8-101
• Underground facility: means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:
       (23)(a) water;
       (23)(b) sewage, including sewer laterals;
       (23)(c) communications, including electronic, photonic, telephonic, or telegraphic communications;
       (23)(d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;
       (23)(e) electric power;
       (23)(f) oil, gas, or other fluid and gaseous substances;
       (23)(g) steam;
       (23)(h) slurry; or
       (23)(i) dangerous materials or products. See Utah Code 54-8a-2
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Upland game: means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare. See Utah Code 23A-1-101
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• 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 vehicle charging service: means the furnishing of electricity:
       (38)(a) to an electric vehicle battery charging station;
       (38)(b) by a public utility in whose service area the charging station is located; and
       (38)(c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1
• Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility:
       (37)(a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and
       (37)(b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 23A-10-101
• 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
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Waste: means to:
       (59)(a) abandon protected wildlife; or
       (59)(b) allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. See Utah Code 23A-1-101
• Water body: means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain. See Utah Code 23A-10-101
• Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1
• Water supply system: includes a pump, canal, ditch, or pipeline. See Utah Code 23A-10-101
• Waterfowl management area: includes the Willard Spur Waterfowl Management Area and the Harold Crane Waterfowl Management Area described in Section 23A-6-403. See Utah Code 23A-12-301
• Wholesale electrical cooperative: includes every electrical corporation that is:
       (41)(a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
       (41)(b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife management area: means :
       (3)(a) a single tract of land owned or managed by the division; or
       (3)(b) two or more tracts of land owned or managed by the division that are within close proximity of each other and managed as a single unit. See Utah Code 23A-6-101
• Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
       (63)(a) an antler or horn;
       (63)(b) a hide;
       (63)(c) a bone; or
       (63)(d) meat. See Utah Code 23A-1-101
• Wildlife specialist: means a United States Department of Agriculture, Wildlife Services specialist. See Utah Code 23A-8-101
• Wolf: means the gray wolf Canis lupus. See Utah Code 23A-8-101
• Wolf: means the species Canis lupus. See Utah Code 23A-15-101
• 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