Sections
Part 1 General Provisions 11-36a-101 – 11-36a-102
Part 2 Impact Fees 11-36a-201 – 11-36a-206
Part 3 Establishing an Impact Fee 11-36a-301 – 11-36a-306
Part 4 Enactment of Impact Fees 11-36a-401 – 11-36a-403
Part 5 Notice 11-36a-501 – 11-36a-504
Part 6 Impact Fee Proceeds 11-36a-601 – 11-36a-603
Part 7 Challenges 11-36a-701 – 11-36a-705

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Terms Used In Utah Code > Title 11 > Chapter 36a - Impact Fees Act

  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
              (1)(a)(i) a medical condition including:
                   (1)(a)(i)(A) a medical care expense; or
                   (1)(a)(i)(B) the risk of disability;
              (1)(a)(ii) accident; or
              (1)(a)(iii) sickness. See Utah Code 31A-1-301
  • 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.
  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application: means a document:
         (10)(a)
              (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
              (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
                   (10)(a)(ii)(A) insure the risk under:
                        (10)(a)(ii)(A)(I) the coverage as originally offered; or
                        (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
                   (10)(a)(ii)(B) decline to insure the risk; or
         (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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
  • Best practices toolbox: means the collection of resources for governmental entities provided on the website of the Office of the Legislative Auditor General that includes a best practice self-assessment and other resources, tools, surveys, and reports designed to help government organizations better serve the citizens of the state. See Utah Code 63H-9-101
  • Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
  • Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
  • Car sharing: means the authorized use of a motor vehicle:
              (1)(a)(i) by an individual other than the owner of the motor vehicle; and
              (1)(a)(ii) through a peer-to-peer car-sharing program. See Utah Code 13-48a-101
  • Car-sharing agreement: means an agreement:
              (2)(a)(i) applicable to a shared vehicle owner and a shared vehicle driver; and
              (2)(a)(ii) that governs a shared vehicle driver's use of a shared vehicle through a car-sharing program. See Utah Code 13-48a-101
  • Car-sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing agreement. See Utah Code 13-48a-101
  • Car-sharing period: means the period of time that:
         (4)(a)
              (4)(a)(i) begins at the car-sharing delivery period; or
              (4)(a)(ii) if there is no car-sharing delivery period, begins at the car-sharing start time; and
         (4)(b) ends at the car-sharing termination time. See Utah Code 13-48a-101
  • Car-sharing start time: means the time when a shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of the shared vehicle is scheduled to begin, as documented in the records of the car-sharing program. See Utah Code 13-48a-101
  • Car-sharing termination time: means the earliest of the following events:
         (7)(a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car-sharing agreement, if the shared vehicle is delivered to the location agreed upon in the car-sharing agreement;
         (7)(b) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a car-sharing program, which alternatively agreed upon location shall be incorporated into the car-sharing agreement; and
         (7)(c) when the shared vehicle owner or shared vehicle owner's authorized designee takes possession and control of the shared vehicle. See Utah Code 13-48a-101
  • Career service position: means any position in the county service except those exempted under Section 17-33-8. See Utah Code 17-33-2
  • Certificate: means evidence of insurance given to:
         (23)(a) an insured under a group insurance policy; or
         (23)(b) a third party. See Utah Code 31A-1-301
  • Charter school: includes :
         (2)(a) an operating charter school;
         (2)(b) an applicant for a charter school whose application has been approved by a charter school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program; and
         (2)(c) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
  • 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.
  • Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
         (2)(a) services;
         (2)(b) personal or real property; or
         (2)(c) another thing of value. See Utah Code 13-49-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consensus group: means the Office of Legislative Research and General Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal Analyst. See Utah Code 63H-9-101
  • consultant: means a person who:
         (99)(a) advises another person about insurance needs and coverages;
         (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
         (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
              (34)(a)(i) a corporation doing business:
                   (34)(a)(i)(A) as:
                        (34)(a)(i)(A)(I) an insurance producer;
                        (34)(a)(i)(A)(II) a surplus lines producer;
                        (34)(a)(i)(A)(III) a limited line producer;
                        (34)(a)(i)(A)(IV) a consultant;
                        (34)(a)(i)(A)(V) a managing general agent;
                        (34)(a)(i)(A)(VI) a reinsurance intermediary;
                        (34)(a)(i)(A)(VII) a third party administrator; or
                        (34)(a)(i)(A)(VIII) an adjuster; and
                   (34)(a)(i)(B) under:
                        (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                        (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                        (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
              (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2
  • 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 general fund: means the general fund used by a county. See Utah Code 17-36-3
  • 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
  • Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
  • Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit transaction: means any transaction under which the payment for money loaned or for goods, services, or properties sold or leased is to be made on future dates. See Utah Code 31A-22-802
  • Creditor: means the lender of money or the vendor or lessor of goods, services, or property, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any lender or vendor. See Utah Code 31A-22-802
  • Current period: means the fiscal period in which a budget is prepared and adopted. See Utah Code 17-36-3
  • Customer: means a person who, for primarily personal, family, or household purposes:
         (1)(a) purchases a residential solar energy system under a system purchase agreement;
         (1)(b) leases a residential solar energy system under a system lease agreement; or
         (1)(c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means a borrower of money or a purchaser, including a lessee under a lease intended as security, of goods, services, or property, for which payment is arranged through a credit transaction. See Utah Code 31A-22-802
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Department: means the Department of Commerce. See Utah Code 13-49-102
  • Dependent: A person dependent for support upon another.
  • Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102
  • Development approval: means :
         (4)(a) except as provided in Subsection (4)(b), any written authorization from a local political subdivision that authorizes the commencement of development activity;
         (4)(b) development activity, for a public entity that may develop without written authorization from a local political subdivision;
         (4)(c) a written authorization from a public water supplier, as defined in Section 73-1-4, or a private water company:
              (4)(c)(i) to reserve or provide:
                   (4)(c)(i)(A) a water right;
                   (4)(c)(i)(B) a system capacity; or
                   (4)(c)(i)(C) a distribution facility; or
              (4)(c)(ii) to deliver for a development activity:
                   (4)(c)(ii)(A) culinary water; or
                   (4)(c)(ii)(B) irrigation water; or
         (4)(d) a written authorization from a sanitary sewer authority, as defined in Section 10-9a-103:
              (4)(d)(i) to reserve or provide:
                   (4)(d)(i)(A) sewer collection capacity; or
                   (4)(d)(i)(B) treatment capacity; or
              (4)(d)(ii) to provide sewer service for a development activity. See Utah Code 11-36a-102
  • Director: means the director of personnel management. See Utah Code 17-33-2
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
         (51)(a) perform the duties of:
              (51)(a)(i) that individual's occupation; or
              (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
         (51)(b) perform two or more of the following basic activities of daily living:
              (51)(b)(i) eating;
              (51)(b)(ii) toileting;
              (51)(b)(iii) transferring;
              (51)(b)(iv) bathing; or
              (51)(b)(v) dressing. See Utah Code 31A-1-301
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Consumer Protection. See Utah Code 13-53-102
  • Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
  • Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
  • Donor: The person who makes a gift.
  • Employee: means :
         (57)(a) an individual employed by an employer; or
         (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
  • Enactment: means :
         (5)(a) a municipal ordinance, for a municipality;
         (5)(b) a county ordinance, for a county; and
         (5)(c) a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102
  • Encumber: means :
         (6)(a) a pledge to retire a debt; or
         (6)(b) an allocation to a current purchase order or contract. See Utah Code 11-36a-102
  • Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • 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
  • 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.
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
         (67)(a) a specific physical condition;
         (67)(b) a specific medical procedure;
         (67)(c) a specific disease or disorder; or
         (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
         (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
         (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means that a filing is:
              (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
              (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
              (69)(a)(iii) accompanied by the appropriate fee in accordance with:
                   (69)(a)(iii)(A) Section 31A-3-103; or
                   (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance officer: means :
         (13)(a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
         (13)(b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
  • Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
  • 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.
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
  • fund: means the Transportation Network Vehicle Recovery Fund created in Subsection (2). See Utah Code 13-51-201
  • 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 17-36-3
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
         (78)(a)
              (78)(a)(i) to an employee; or
              (78)(a)(ii) to a dependent of an employee; and
         (78)(b)
              (78)(b)(i) directly;
              (78)(b)(ii) through insurance reimbursement; or
              (78)(b)(iii) through another method. See Utah Code 31A-1-301
  • Group insurance policy: means a policy covering a group of persons that is issued:
              (79)(a)(i) to a policyholder on behalf of the group; and
              (79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:
                   (79)(a)(ii)(A) the policy; or
                   (79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • 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
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
         (83)(a) a professional service;
         (83)(b) a personal service;
         (83)(c) a facility;
         (83)(d) equipment;
         (83)(e) a device;
         (83)(f) supplies; or
         (83)(g) medicine. See Utah Code 31A-1-301
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
  • health insurance: means insurance providing:
              (84)(a)(i) a health care benefit; or
              (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • 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
  • Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a municipality, county, special district, special service district, or private entity. See Utah Code 11-36a-102
  • Human services program: means the same as that term is defined in Section 26B-2-101. See Utah Code 13-53-102
  • Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
         (5)(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
         (5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
         (5)(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
         (5)(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
         (5)(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
  • Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
         (6)(a) immigration and naturalization law;
         (6)(b) executive order or presidential proclamation; or
         (6)(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
  • Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
  • Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102
  • Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
  • Indebtedness: means the total amount payable by a debtor to a creditor in connection with a credit transaction, including principal finance charges and interest. See Utah Code 31A-22-802
  • 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
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Independent entity: means an entity that:
              (3)(a)(i) has a public purpose relating to the state or its citizens;
              (3)(a)(ii) is individually created by the state;
              (3)(a)(iii) is separate from the judicial and legislative branches of state government; and
              (3)(a)(iv) is not under the direct supervisory control of the governor. See Utah Code 63H-9-101
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
              (104)(a)(i) a fraternal benefit society;
              (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
              (104)(a)(iii) a motor club;
              (104)(a)(iv) an employee welfare plan;
              (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
              (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
              (103)(a)(i) a policyholder;
              (103)(a)(ii) a subscriber;
              (103)(a)(iii) a member; and
              (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
  • 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
  • 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
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102
  • 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.
  • Life insurance: means :
              (114)(a)(i) insurance on a human life; and
              (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 13-48a-101
  • Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102
  • Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102
  • Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
  • 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.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participant: means an individual who:
         (3)(a) resides at a residential, vocational and life skills program facility;
         (3)(b) receives from the residential, vocational and life skills program:
              (3)(b)(i) vocational training; or
              (3)(b)(ii) life skills training; and
         (3)(c) does not receive monetary compensation from the residential, vocational and life skills program. See Utah Code 13-53-102
  • peer-to-peer car-sharing program: means a business platform that connects motor vehicle owners with drivers to enable the sharing of motor vehicles for consideration. See Utah Code 13-48a-101
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • 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
  • Plan year: means :
         (149)(a) the year that is designated as the plan year in:
              (149)(a)(i) the plan document of a group health plan; or
              (149)(a)(ii) a summary plan description of a group health plan;
         (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
              (149)(b)(i) the year used to determine deductibles or limits;
              (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
              (149)(b)(iii) the employer's taxable year if:
                   (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and
                   (149)(b)(iii)(B)
                        (149)(b)(iii)(B)(I) the plan is not insured; or
                        (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
         (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • Policy: includes a service contract issued by:
              (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
              (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
              (150)(b)(iii) a corporation licensed under:
                   (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Position classification: means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. See Utah Code 17-33-2
  • Postsecondary school: means the same as that term is defined in Section 13-34-101. See Utah Code 13-53-102
  • Power purchase agreement: means an agreement:
         (3)(a) between a customer and a solar retailer;
         (3)(b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
         (3)(c) that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
  • Premium: includes , however designated:
              (156)(b)(i) an assessment;
              (156)(b)(ii) a membership fee;
              (156)(b)(iii) a required contribution; or
              (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
  • Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
         (14)(a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or
         (14)(b) functional condition of development approval because the private entity:
              (14)(b)(i) has no reasonably equivalent competition in the immediate market; and
              (14)(b)(ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Project improvements: means site improvements and facilities that are:
              (15)(a)(i) planned and designed to provide service for development resulting from a development activity;
              (15)(a)(ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and
              (15)(a)(iii) not identified or reimbursed as a system improvement. See Utah Code 11-36a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. See Utah Code 11-36a-102
  • Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:
         (17)(a) water rights and water supply, treatment, storage, and distribution facilities;
         (17)(b) wastewater collection and treatment facilities;
         (17)(c) storm water, drainage, and flood control facilities;
         (17)(d) municipal power facilities;
         (17)(e) roadway facilities;
         (17)(f) parks, recreation facilities, open space, and trails;
         (17)(g) public safety facilities;
         (17)(h) environmental mitigation as provided in Section 11-36a-205; or
         (17)(i) municipal natural gas facilities. See Utah Code 11-36a-102
  • Public safety facility: means :
              (18)(a)(i) a building constructed or leased to house police, fire, or other public safety entities; or
              (18)(a)(ii) a fire suppression vehicle costing in excess of $500,000. See Utah Code 11-36a-102
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
              (163)(a)(i) the cost of a given unit of insurance; or
              (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
                   (163)(a)(ii)(A) a single number; or
                   (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                        (163)(a)(ii)(B)(I) expenses;
                        (163)(a)(ii)(B)(II) profit; and
                        (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Rebate: means :
         (1)(a) any allowance or discount against charged fees; or
         (1)(b) payment of any form of compensation, except for an item of nominal value, to:
              (1)(b)(i) an insured; or
              (1)(b)(ii) a person directly or indirectly associated with a residential building. See Utah Code 13-50-102
  • 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.
  • Repair work: means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail. See Utah Code 13-50-102
  • Residential building: means a single or multiple family dwelling of up to four units. See Utah Code 13-50-102
  • Residential contractor: means a person that, for compensation, other than wages as an employee, contracts or offers to contract to:
         (4)(a) perform repair work on a residential building;
         (4)(b) arrange for, manage, or process repair work on a residential building; or
         (4)(c) serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building. See Utah Code 13-50-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Roadway facilities: includes associated improvements to a federal or state roadway only when the associated improvements:
              (19)(b)(i) are necessitated by the new development; and
              (19)(b)(ii) are not funded by the state or federal government. See Utah Code 11-36a-102
  • Roof system: includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation. See Utah Code 13-50-102
  • Security: means a:
              (176)(a)(i) note;
              (176)(a)(ii) stock;
              (176)(a)(iii) bond;
              (176)(a)(iv) debenture;
              (176)(a)(v) evidence of indebtedness;
              (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
              (176)(a)(vii) collateral-trust certificate;
              (176)(a)(viii) preorganization certificate or subscription;
              (176)(a)(ix) transferable share;
              (176)(a)(x) investment contract;
              (176)(a)(xi) voting trust certificate;
              (176)(a)(xii) certificate of deposit for a security;
              (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
              (176)(a)(xiv) commodity contract or commodity option;
              (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
              (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Service area: means a geographic area designated by an entity that imposes an impact fee on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area. See Utah Code 11-36a-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Shared vehicle: means a motor vehicle that is available for use by an individual other than the shared vehicle owner through a car-sharing program. See Utah Code 13-48a-101
  • Shared vehicle driver: means an individual who has been authorized to drive a shared vehicle by the shared vehicle owner under a car-sharing program. See Utah Code 13-48a-101
  • Shared vehicle owner: means :
              (12)(a)(i) the registered owner of a motor vehicle made available for car sharing; or
              (12)(a)(ii) a person designated by the registered owner of a motor vehicle made available for car sharing. See Utah Code 13-48a-101
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
  • Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
  • Solar retailer: means a person who:
         (7)(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
         (7)(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
         (7)(c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
  • Specified public agency: means :
         (21)(a) the state;
         (21)(b) a school district; or
         (21)(c) a charter school. See Utah Code 11-36a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • System improvements: means :
              (22)(a)(i) existing public facilities that are:
                   (22)(a)(i)(A) identified in the impact fee analysis under Section 11-36a-304; and
                   (22)(a)(i)(B) designed to provide services to service areas within the community at large; and
              (22)(a)(ii) future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102
  • System lease agreement: means an agreement:
         (8)(a) under which a customer leases a residential solar energy system from a solar retailer; and
         (8)(b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102
  • System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vocational training entity: is a commercial entity where a participant receives vocational training. See Utah Code 13-53-102
  • 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