Sections
Part 1 General Provisions 11-42-101 – 11-42-109
Part 2 Designating an Assessment Area 11-42-201 – 11-42-208
Part 3 Contracts for Improvements 11-42-301 – 11-42-302
Part 4 Assessments 11-42-401 – 11-42-416
Part 5 Assessment Liens 11-42-501 – 11-42-506
Part 6 Interim Warrants, Bond Anticipation Notes, Assessment Bonds, and Refunding Assessment Bonds 11-42-601 – 11-42-609
Part 7 Guaranty and Reserve Funds 11-42-701 – 11-42-706

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 11 > Chapter 42 - Assessment Area 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
  • Account: means the Consumer Privacy Restricted Account established in Section 13-61-403. See Utah Code 13-61-101
  • Acquisition date: means the day on which the state received title to land. See Utah Code 63L-7-103
  • Adequate protests: means , for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Section 11-42-203 that represent at least 40% of the frontage, area, taxable value, fair market value, lots, number of connections, or equivalent residential units of the property proposed to be assessed, according to the same assessment method by which the assessment is proposed to be levied, after eliminating:
              (1)(a)(i) protests relating to:
                   (1)(a)(i)(A) property that has been deleted from a proposed assessment area; or
                   (1)(a)(i)(B) an improvement that has been deleted from the proposed improvements to be provided to property within the proposed assessment area; and
              (1)(a)(ii) protests that have been withdrawn under Subsection 11-42-203(3). See Utah Code 11-42-102
  • Administrative functions: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
  • Administrator: means the same as that term is defined in Section 67-4a-102. See Utah Code 31A-22-1902
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
  • 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.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Affiliate: means an entity that:
         (2)(a) controls, is controlled by, or is under common control with another entity; or
         (2)(b) shares common branding with another entity. See Utah Code 13-61-101
  • 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
  • Agent: means a person who is authorized to act on behalf of an owner with respect to a digital asset. See Utah Code 13-62-101
  • Aggregated data: means information that relates to a group or category of consumers:
         (3)(a) from which individual consumer identities have been removed; and
         (3)(b) that is not linked or reasonably linkable to any consumer. See Utah Code 13-61-101
  • Agreement: means an agreement between:
         (1)(a) a motorboat dealer; and
         (1)(b)
              (1)(b)(i) a manufacturer; or
              (1)(b)(ii) a distributor. See Utah Code 13-58-102
  • Agreement administrator: means a person who provides administrative functions related to a vehicle value protection agreement. See Utah Code 13-64-101
  • Air carrier: means the same as that term is defined in Utah Code 13-61-101
  • Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • 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.
  • Applicant: means a person that applies for participation in the regulatory learning laboratory. See Utah Code 13-72-101
  • Applicant: means :
         (1)(a) when referring to an individual limited long-term care insurance policy, the person who seeks to contract for benefits; and
         (1)(b) when referring to a group limited long-term care insurance policy, the proposed certificate holder. See Utah Code 31A-22-2002
  • 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
  • Appointed officer: includes an individual serving on a special, regular, or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. See Utah Code 10-3-1303
  • 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
  • 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
  • Artificial intelligence: means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. See Utah Code 13-72-101
  • Artificial intelligence technology: means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence. See Utah Code 13-72-101
  • Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
  • Assessment bonds: means bonds that are:
         (3)(a) issued under Section 11-42-605; and
         (3)(b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
  • Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
  • Assessment lien: means a lien on property within an assessment area that arises from the levy of an assessment, as provided in Section 11-42-501. See Utah Code 11-42-102
  • Assessment method: means the method:
         (6)(a) by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
         (6)(b) that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
  • Assessment ordinance: means an ordinance adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate member state: means any state that is not a "member state. See Utah Code 63L-6-105
  • Asymmetric conduct: means an insurer's use of the death master file or other similar database before July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under the insurer's policies might be deceased. See Utah Code 31A-22-1902
  • Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authenticate: means to use reasonable means to determine that a consumer's request to exercise the rights described in Section 13-61-201 is made by the consumer who is entitled to exercise those rights. See Utah Code 13-61-101
  • Authorized integrator: means a third party with whom a franchisee enters into a contract to perform a specific function for a franchisee that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function. See Utah Code 13-73-101
  • Automatic renewal provision: means a provision under a contract that is automatically renewed at the end of a definite, paid term for a subsequent, paid term that is longer than 45 days. See Utah Code 13-70-101
  • 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.
  • Banned member: means a member whose account or profile is the subject of a fraud ban. See Utah Code 13-67-101
  • 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
  • Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
  • Bequest: Property gifted by will.
  • Biological sample: means any human material known to contain DNA, including tissue, blood, urine, or saliva. See Utah Code 13-60-102
  • Biometric data: includes data described in Subsection (6)(a) that are generated by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual. See Utah Code 13-61-101
  • Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
  • Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
  • Boycotted company: means a company that:
         (1)(a) engages in, facilitates, or supports the manufacture, import, distribution, advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of a firearm or ammunition; or
         (1)(b) does not meet or commit to meet:
              (1)(b)(i) environmental, social, or governance criteria in that the company engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or nuclear energy, timber, mining, or agriculture; or
              (1)(b)(ii) environmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements. See Utah Code 13-66-101
  • 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
  • Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
  • Business associate: means the same as that term is defined in Utah Code 13-61-101
  • Business entity: means :
         (17)(a) a corporation;
         (17)(b) an association;
         (17)(c) a partnership;
         (17)(d) a limited liability company;
         (17)(e) a limited liability partnership; or
         (17)(f) another legal entity. See Utah Code 31A-1-301
  • Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
  • Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other legal entity that is:
         (1)(a) used to carry on a business for profit; and
         (1)(b) a participant in the sandbox. See Utah Code 13-69-101
  • Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 10-3-1303
  • business of insurance: includes :
         (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
         (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
              (98)(b)(i) by a single employer or by multiple employer groups; or
              (98)(b)(ii) through one or more trusts, associations, or other entities;
         (98)(c) providing an annuity:
              (98)(c)(i) including an annuity issued in return for a gift; and
              (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
         (98)(d) providing the characteristic services of a motor club;
         (98)(e) providing another person with insurance;
         (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
         (98)(g) transacting or proposing to transact any phase of title insurance, including:
              (98)(g)(i) solicitation;
              (98)(g)(ii) negotiation preliminary to execution;
              (98)(g)(iii) execution of a contract of title insurance;
              (98)(g)(iv) insuring; and
              (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
         (98)(h) transacting or proposing a life settlement; and
         (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • 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
  • Child: means an individual younger than 13 years old. See Utah Code 13-61-101
  • 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 that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
  • Commercial area: means an area in which at least 75% of the property is devoted to the interchange of goods or commodities. See Utah Code 11-42-102
  • Commercial email: means an email used primarily to:
         (2)(a) advertise or promote a commercial website, product, or service; or
         (2)(b) solicit money, property, or personal information. See Utah Code 13-65-101
  • Commission: means the Federalism Commission. See Utah Code 63L-10-102
  • Compact: means the Interstate Compact on the Transfer of Public Lands. See Utah Code 63L-6-105
  • Compact administrator: means the person selected by the compact commission to staff the compact commission and whose duties, powers, and tenure are only those approved by the commission. See Utah Code 63L-6-105
  • Compact commission: means the entity composed of member state representatives and who will administer the compact. See Utah Code 63L-6-105
  • Company: includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (2)(a). See Utah Code 13-66-101
  • company: means an entity that:
         (4)(a) offers consumer genetic testing products or services directly to consumers; or
         (4)(b) collects, uses, or analyzes genetic data that a consumer provides to the entity. See Utah Code 13-60-102
  • Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
         (3)(a) services;
         (3)(b) personal or real property; or
         (3)(c) another thing of value. See Utah Code 13-68-101
  • Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to a person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Consent: means an affirmative act by a consumer that unambiguously indicates the consumer's voluntary and informed agreement to allow a person to process personal data related to the consumer. See Utah Code 13-61-101
  • Conservation area: means an area that potentially has wilderness characteristics. See Utah Code 63L-7-103
  • 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
  • Consumer: means an individual who is a resident of the state acting in an individual or household context. See Utah Code 13-61-101
  • Consumer: means an individual who is a resident of the state. See Utah Code 13-60-102
  • Consumer data: means non-public personal information defined in Utah Code 13-73-101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an annuity contract. See Utah Code 31A-22-1902
  • Contract price: means :
         (15)(a) the cost of acquiring an improvement, if the improvement is acquired; or
         (15)(b) the amount payable to one or more contractors for the design, engineering, inspection, and construction of an improvement. See Utah Code 11-42-102
  • Control: means :
         (2)(a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or
         (2)(b) a secured party has created a smart contract that gives the secured party exclusive legal authority to conduct a transaction relating to a digital security. See Utah Code 13-62-101
  • Controller: means a person doing business in the state who determines the purposes for which and the means by which personal data are processed, regardless of whether the person makes the determination alone or with others. See Utah Code 13-61-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County 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
  • Countywide service: means a service provided in both incorporated and unincorporated areas of a county. See Utah Code 17-36-3
  • Court rule: means rules of procedure, evidence, or practice for use of the courts of this state. See Utah Code 13-69-101
  • Covered entity: means the same as that term is defined in Utah Code 13-61-101
  • Covered vehicle: means a vehicle that is covered under a vehicle value protection agreement. See Utah Code 13-64-101
  • Credit insurance: includes :
              (37)(b)(i) credit accident and health insurance;
              (37)(b)(ii) credit life insurance;
              (37)(b)(iii) credit property insurance;
              (37)(b)(iv) credit unemployment insurance;
              (37)(b)(v) guaranteed automobile protection insurance;
              (37)(b)(vi) involuntary unemployment insurance;
              (37)(b)(vii) mortgage accident and health insurance;
              (37)(b)(viii) mortgage guaranty insurance; and
              (37)(b)(ix) mortgage life insurance. See Utah Code 31A-1-301
  • Criminal background screening: means a name search for an individual's criminal conviction and is conducted by searching:
         (2)(a) available and regularly updated government public record databases that in the aggregate provide national coverage for criminal conviction records; or
         (2)(b) a regularly updated database with national coverage of criminal conviction records and sexual offender registries maintained by a private vendor. See Utah Code 13-67-101
  • Criminal conviction: includes an offense that would require registration under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or under a similar law in a different jurisdiction. See Utah Code 13-67-101
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • Customer service representative: means a person that provides an insurance service and insurance product information:
              (43)(a)(i) for the customer service representative's:
                   (43)(a)(i)(A) producer;
                   (43)(a)(i)(B) surplus lines producer; or
                   (43)(a)(i)(C) consultant employer; and
              (43)(a)(ii) to the customer service representative's employer's:
                   (43)(a)(ii)(A) customer;
                   (43)(a)(ii)(B) client; or
                   (43)(a)(ii)(C) organization. See Utah Code 31A-1-301
  • Cyber ransom: means to encrypt, restrict, or prohibit, or to threaten or attempt to encrypt, restrict, or prohibit a franchisee's or a franchisee's authorized integrator's access to protected dealer data or other dealer data to obtain payment not agreed to by the franchisee or the franchisee's authorized integrator in a written contract for services or goods. See Utah Code 13-73-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer data system: means a software, hardware, or firmware system that is owned, leased, or licensed by a franchisee, that includes a system of web-based applications, computer software, or computer hardware, whether located at the franchisee's dealership or hosted remotely, and that stores or provides access to protected dealer data. See Utah Code 13-73-101
  • Dealer data vendor: means a third party dealer management system provider, consumer relationship management system provider, or third party vendor providing similar services that store protected dealer data pursuant to a contract with the franchisee. See Utah Code 13-73-101
  • Dealership: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
  • Death master file: means the United States Social Security Administration's Death Master File or another database or service that is at least as comprehensive as the United States Social Security Administration's Death Master File for determining that a person has reportedly died. See Utah Code 31A-22-1902
  • Death master file match: means a search of a death master file that results in a match of the Social Security number, or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Utah Code 31A-22-1902
  • 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.
  • Deidentified data: includes synthetic data. See Utah Code 13-61-101
  • Deidentified data: means data that:
         (3)(a) cannot reasonably be linked to an identifiable individual; and
         (3)(b) possessed by a company that:
              (3)(b)(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
              (3)(b)(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
              (3)(b)(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. See Utah Code 13-60-102
  • Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Department: means the Department of Commerce. See Utah Code 13-72-101
  • Designated home state: means the state or territory of the United States or the District of Columbia:
         (2)(a) in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee does not maintain the licensee's principal:
              (2)(a)(i) place of residence; or
              (2)(a)(ii) place of business;
         (2)(b) if the resident state, territory, or District of Columbia of the licensee does not license for the line of authority sought, the licensee has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
              (2)(b)(i) examination requirement;
              (2)(b)(ii) fingerprint background check requirement; and
              (2)(b)(iii) continuing education requirement; and
         (2)(c) if the licensee has designated the state, territory, or District of Columbia as the designated home state. See Utah Code 31A-23a-102
  • Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Development authority: means :
         (18)(a) the Utah Inland Port Authority created in Section 11-58-201; or
         (18)(b) the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102
  • Devise: To gift property by will.
  • Digital asset: includes :
              (3)(b)(i) a digital user asset; or
              (3)(b)(ii) a digital security. See Utah Code 13-62-101
  • Digital marketing service: means an Internet-based company that:
         (4)(a) advertises legal services on behalf of a law firm; and
         (4)(b) does not contact prospective clients individually. See Utah Code 13-68-101
  • Digital security: means a digital asset that constitutes a security, as that term is defined in Section 70A-8-101. See Utah Code 13-62-101
  • Digital user asset: includes an open blockchain token. See Utah Code 13-62-101
  • Direct response solicitation: means an offer for life or accident and health insurance coverage that allows the individual to apply for or enroll in the insurance coverage on the basis of the offer. See Utah Code 31A-1-301
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-61-101
  • Director: means the director of the office. See Utah Code 13-72-101
  • 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
  • Distributor: means a person who:
         (2)(a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
         (2)(b) in whole or in part sells or distributes motorboats to motorboat dealers. See Utah Code 13-58-102
  • Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-67-101
  • Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
  • Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-61-101
  • Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-64-101
  • Division: means the Division of Consumer Protection. See Utah Code 13-65-101
  • Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-68-101
  • Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-70-101
  • DNA: means deoxyribonucleic acid. See Utah Code 13-60-102
  • DNA: means :
         (2)(a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or
         (2)(b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure. See Utah Code 13-60-203
  • DNR: means the Department of Natural Resources. See Utah Code 63L-7-103
  • Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Utah Code 13-65-101
  • Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
         (19)(a) sponsoring festivals and markets;
         (19)(b) promoting business investment or activities;
         (19)(c) helping to coordinate public and private actions; and
         (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
  • Elected officer: means :
         (5)(a) an individual elected or appointed to fill a vacancy in the office of mayor, commissioner, or council member; or
         (5)(b) an individual who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303
  • Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101
  • 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
  • Employee benefits: means one or more benefits or services provided to:
         (58)(a) an employee; or
         (58)(b) a dependent of an employee. See Utah Code 31A-1-301
  • Employer: means the same as that term is defined in Section 34A-2-103. See Utah Code 13-60-203
  • Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
  • 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: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
  • Environmental remediation activity: means a surface or subsurface enhancement, effort, cost, initial or ongoing maintenance expense, facility, installation, system, earth movement, or change to grade or elevation that improves the use, function, aesthetics, or environmental condition of publicly owned property. See Utah Code 11-42-102
  • 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
  • Equivalent residential unit: means a dwelling, unit, or development that is equal to a single-family residence in terms of the nature of its use or impact on an improvement to be provided in the assessment area. See Utah Code 11-42-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means :
              (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
                   (64)(a)(i)(A) the explanation, holding, or creation of a document; or
                   (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
              (64)(a)(ii) a settlement or closing involving:
                   (64)(a)(ii)(A) a mobile home;
                   (64)(a)(ii)(B) a grazing right;
                   (64)(a)(ii)(C) a water right; or
                   (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
  • Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
  • 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.
  • 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
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-72-101
  • Express consent: means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. See Utah Code 13-60-102
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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.
  • Fee: means payment for access to protected dealer data which is in addition to charges written in an executed contract for goods or services. See Utah Code 13-73-101
  • 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 agreement: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • 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.
  • 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
  • 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
  • Franchisee: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
  • Franchisor: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud ban: means the expulsion of a member from an online dating service because, in the judgment of the online dating service provider, there is a significant risk the member will attempt to obtain money from another member through fraudulent means. See Utah Code 13-67-101
  • 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 balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
  • 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
  • Genetic data: includes :
              (7)(b)(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
              (7)(b)(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
              (7)(b)(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:
                   (7)(b)(iii)(A) uses for scientific research or product development; and
                   (7)(b)(iii)(B) analyzes in connection with the consumer's raw sequence data. See Utah Code 13-60-102
  • Genetic procedure: means any therapy, treatment, or medical procedure that is intended to:
         (6)(a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
         (6)(b) replace, supersede, or bypass a normal DNA function. See Utah Code 13-60-203
  • genetic test: means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 13-60-203
  • Genetic testing: means :
         (8)(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
         (8)(b) an interpretation of a consumer's genetic data. See Utah Code 13-60-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Governing body: means :
         (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
         (22)(b) for a special district, the board of trustees of the special district;
         (22)(c) for a special service district:
              (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
              (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
         (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
         (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
         (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
  • Governmental entity: is a s defined in Section 59-2-511. See Utah Code 63L-6-102
  • Governmental entity: means :
         (1)(a) an agency, as that term is defined in Section 63G-10-102;
         (1)(b) the School and Institutional Trust Lands Administration created in Section 53C-1-201;
         (1)(c) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or
         (1)(d) a political subdivision, as that term is defined in Section 63L-11-102. See Utah Code 63L-12-101
  • Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 13-61-101
  • 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
  • Group limited long-term care insurance: means a limited long-term care insurance policy that is delivered or issued for delivery:
         (3)(a) in this state; and
         (3)(b) to an eligible group, as described under Subsection 31A-22-701(1). See Utah Code 31A-22-2002
  • Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
  • 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
  • Header information: means information attached to an email, including:
         (6)(a) the originating domain name;
         (6)(b) the originating email address;
         (6)(c) the destination;
         (6)(d) the routing information; and
         (6)(e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101
  • Health benefit plan: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
  • 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 facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 13-61-101
  • Health care insurance: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-60-203
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102
  • Health care provider: means a person licensed to provide health care under:
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-61-101
  • 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
  • Home state: means :
         (3)(a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:
              (3)(a)(i) maintains the licensee's principal:
                   (3)(a)(i)(A) place of residence; or
                   (3)(a)(i)(B) place of business; and
              (3)(a)(ii) is licensed to act as a resident licensee; or
         (3)(b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:
              (3)(b)(i) in which the licensee is licensed;
              (3)(b)(ii) in which the licensee is in good standing; and
              (3)(b)(iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102
  • Identifiable individual: means an individual who can be readily identified, directly or indirectly. See Utah Code 13-61-101
  • Improved property: means property upon which a residential, commercial, or other building has been built. See Utah Code 11-42-102
  • Incidental refunding costs: means any costs of issuing refunding assessment bonds and calling, retiring, or paying prior bonds, including:
         (27)(a) legal and accounting fees;
         (27)(b) charges of financial advisors, escrow agents, certified public accountant verification entities, and trustees;
         (27)(c) underwriting discount costs, printing costs, the costs of giving notice;
         (27)(d) any premium necessary in the calling or retiring of prior bonds;
         (27)(e) fees to be paid to the local entity to issue the refunding assessment bonds and to refund the outstanding prior bonds;
         (27)(f) any other costs that the governing body determines are necessary and proper to incur in connection with the issuance of refunding assessment bonds; and
         (27)(g) any interest on the prior bonds that is required to be paid in connection with the issuance of the refunding assessment bonds. See Utah Code 11-42-102
  • 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
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Individual: means a person who:
         (5)(a) resides in this state; and
         (5)(b) has or may have a pending legal action in this state. See Utah Code 13-57-102
  • Initiate: means an act of:
         (7)(a) originating, transmitting, or sending commercial email; or
         (7)(b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
  • Initiator: means a person who:
              (8)(a)(i) originates, transmits, or sends commercial email; or
              (8)(a)(ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means that:
         (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
         (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
         (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • Installment payment date: means the date on which an installment payment of an assessment is payable. See Utah Code 11-42-102
  • Institution of higher education: means a public or private institution of higher education. See Utah Code 13-61-101
  • 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
  • Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
  • Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
         (4)(a) a risk retention group as defined in:
              (4)(a)(i) the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102
  • 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 17-36-3
  • Interim warrant: means a warrant issued by a local entity under Section 11-42-601. See Utah Code 11-42-102
  • 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.
  • Jurisdictional boundaries: means :
         (30)(a) for a county, the boundaries of the unincorporated area of the county; and
         (30)(b) for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102
  • 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
  • Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
  • Law firm: means an entity consisting of one or more licensed lawyers lawfully engaged in the practice of law. See Utah Code 13-68-101
  • Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
  • Lawyer referral service: means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. See Utah Code 13-68-101
  • Learning agenda: means the areas of artificial intelligence applications, risks, and policy considerations selected by the office for focus by the learning laboratory. See Utah Code 13-72-101
  • Learning laboratory: means the artificial intelligence analysis and research program created in Section 13-72-301. See Utah Code 13-72-101
  • 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
  • Legal expense insurance: includes an arrangement that creates a reasonable expectation of an enforceable right. See Utah Code 31A-1-301
  • Legal funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
  • Legal services: means any form of legal advice or legal representation that is subject to the laws of this state. See Utah Code 13-68-101
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
              (112)(b)(i) vehicle liability insurance;
              (112)(b)(ii) residential dwelling liability insurance; and
              (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • 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
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Limited long-term care insurance: includes a policy or rider described in Subsection (4)(a) that provides for payment of benefits based on cognitive impairment or the loss of functional capacity. See Utah Code 31A-22-2002
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local entity: means :
         (31)(a) a county, city, town, special service district, or special district;
         (31)(b) an interlocal entity as defined in Section 11-13-103;
         (31)(c) the military installation development authority, created in Section 63H-1-201;
         (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
         (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
         (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
  • Local entity obligations: means assessment bonds, refunding assessment bonds, interim warrants, and bond anticipation notes issued by a local entity. See Utah Code 11-42-102
  • Local political subdivision: means the same as that term is defined in Section 11-14-102. See Utah Code 13-61-101
  • Long-term care insurance: includes :
              (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:
                   (121)(b)(i)(A) a group or individual annuity or rider; or
                   (121)(b)(i)(B) a life insurance policy or rider;
              (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:
                   (121)(b)(ii)(A) cognitive impairment; or
                   (121)(b)(ii)(B) functional capacity; or
              (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
  • Mailing address: means :
         (33)(a) a property owner's last-known address using the name and address appearing on the last completed real property assessment roll of the county in which the property is located; and
         (33)(b) if the property is improved property:
              (33)(b)(i) the property's street number; or
              (33)(b)(ii) the post office box, rural route number, or other mailing address of the property, if a street number has not been assigned. See Utah Code 11-42-102
  • Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102
  • Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
  • Majority leader: see Floor Leaders
  • Man: means an adult human male. See Utah Code 68-3-12.5
  • Managing general agent: means a person that:
              (6)(a)(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office;
              (6)(a)(ii) acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term;
              (6)(a)(iii) produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year:
                   (6)(a)(iii)(A) with or without the authority;
                   (6)(a)(iii)(B) separately or together with an affiliate; and
                   (6)(a)(iii)(C) directly or indirectly; and
              (6)(a)(iv)
                   (6)(a)(iv)(A) adjusts or pays claims in excess of an amount determined by the commissioner; or
                   (6)(a)(iv)(B) negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade. See Utah Code 13-58-102
  • Manufacturer: means a manufacturer of new motor vehicles. See Utah Code 13-73-101
  • Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
  • Member: means an individual who submits to an online dating service provider the information required by the online dating service provider to access the online dating service provider's online dating service. See Utah Code 13-67-101
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member state: means any of the following states that are a signatory to the compact and that have adopted it under the laws of that state: Alaska; Arizona; California; Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming. See Utah Code 63L-6-105
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 63L-12-101
  • 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.
  • Motor club: means a person:
         (131)(a) licensed under:
              (131)(a)(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
              (131)(a)(ii) Chapter 11, Motor Clubs; or
              (131)(a)(iii) Chapter 14, Foreign Insurers; and
         (131)(b) that promises for an advance consideration to provide for a stated period of time one or more:
              (131)(b)(i) legal services under Subsection 31A-11-102(1)(b);
              (131)(b)(ii) bail services under Subsection 31A-11-102(1)(c); or
              (131)(b)(iii)
                   (131)(b)(iii)(A) trip reimbursement;
                   (131)(b)(iii)(B) towing services;
                   (131)(b)(iii)(C) emergency road services;
                   (131)(b)(iii)(D) stolen automobile services;
                   (131)(b)(iii)(E) a combination of the services listed in Subsections (131)(b)(iii)(A) through (D); or
                   (131)(b)(iii)(F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 13-58-102
  • Motorboat dealer: means a person who:
         (5)(a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and
         (5)(b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats. See Utah Code 13-58-102
  • Multi-signature arrangement: means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the digital asset, in which two or more private keys are required to conduct a transaction. See Utah Code 13-62-101
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal employee: means an individual who is employed on a full or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 63L-12-101
  • 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
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
         (7)(a) sells insurance; or
         (7)(b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102
  • Net improvement revenues: means all improvement revenues that a local entity has received since the last installment payment date, less all amounts payable by the local entity from those improvement revenues for operation and maintenance costs. See Utah Code 11-42-102
  • Net proceeds: means the proceeds from the sale of public lands, after subtracting expenses incident to the sale of the public lands. See Utah Code 63L-6-102
  • 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.
  • 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.
  • Office: means the Public Lands Policy Coordinating Office established in Section 63L-11-201. See Utah Code 63L-10-102
  • Office: means the Office of Artificial Intelligence Policy created in Section 13-74-201. See Utah Code 13-72-101
  • Officer: means an appointed officer or an elected officer. See Utah Code 10-3-1303
  • Online dating service: means a product or service that is:
         (7)(a) conducted through a website or a mobile application; and
         (7)(b) primarily marketed and intended to offer a member access to dating or romantic relationships with another member by arranging or facilitating the social introduction of members. See Utah Code 13-67-101
  • Online dating service provider: means a person predominately engaged in the business of offering an online dating service. See Utah Code 13-67-101
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
  • 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.
  • Outline of coverage: means a summary that explains an accident and health insurance policy. See Utah Code 31A-1-301
  • Overhead costs: means the actual costs incurred or the estimated costs to be incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all other incidental costs. See Utah Code 11-42-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participant: means a business entity or a business entity's officer, director, partner, or employee that provides legal services under the sandbox:
         (4)(a) to a person other than the business entity; and
         (4)(b) for the business entity's profit. See Utah Code 13-69-101
  • Participant: means a person that is accepted to participate in the learning laboratory. See Utah Code 13-72-101
  • 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.
  • 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
  • Personal data: means information that is linked or reasonably linkable to an identified individual or an identifiable individual. See Utah Code 13-61-101
  • Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
         (147)(a) an individual; or
         (147)(b) a family. See Utah Code 31A-1-301
  • Plan: means the statewide resource management plan, created pursuant to Section 63L-11-203 and adopted in Section 63L-10-103. See Utah Code 63L-10-102
  • 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.
  • PLPCO: means the Public Lands Policy Coordination Office. See Utah Code 63L-7-103
  • 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
  • Policy: means a policy or certificate of life insurance that provides a death benefit. See Utah Code 31A-22-1902
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Preexisting condition: means a condition for which medical advice or treatment is recommended:
         (5)(a) by, or received from, a provider of health care services; and
         (5)(b) within six months before the day on which the coverage of an insured person becomes effective. See Utah Code 31A-22-2002
  • Preliminary period: means a time period that:
         (7)(a) begins the day on which the vehicle value protection agreement becomes effective; and
         (7)(b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. See Utah Code 13-64-101
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102
  • Prior express written consent: means a franchisee's express written consent to protected dealer data sharing that:
         (13)(a) is in a document separate from any other:
              (13)(a)(i) consent;
              (13)(a)(ii) contract;
              (13)(a)(iii) franchise agreement; or
              (13)(a)(iv) writing;
         (13)(b) identifies all parties with whom the protected dealer data may be shared; and
         (13)(c) contains:
              (13)(c)(i) all details that the franchisee requires relating to the scope and nature of the protected dealer data to be shared, including the data fields and the duration for which the sharing is authorized; and
              (13)(c)(ii) all provisions and restrictions that are required under federal law to allow sharing the protected dealer data. See Utah Code 13-73-101
  • Private genetic information: means any information about an identifiable individual that:
              (8)(a)(i) is derived from:
                   (8)(a)(i)(A) the presence, absence, alteration, or mutation of an inherited gene or genes; or
                   (8)(a)(i)(B) the presence or absence of a specific DNA marker or markers; and
              (8)(a)(ii) has been obtained:
                   (8)(a)(ii)(A) from a genetic test or analysis of the individual's DNA;
                   (8)(a)(ii)(B) from a genetic test or analysis of the DNA of a blood relative of the individual; or
                   (8)(a)(ii)(C) from a genetic procedure. See Utah Code 13-60-203
  • Private key: means a unique element of cryptographic data that is:
         (7)(a) held by a person;
         (7)(b) paired with a public key; and
         (7)(c) used to digitally sign a transaction. See Utah Code 13-62-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means an operation or set of operations performed on personal data, including collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Utah Code 13-61-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Processor: means a person who processes personal data on behalf of a controller. See Utah Code 13-61-101
  • 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
  • Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
  • Project engineer: means the surveyor or engineer employed by or the private consulting engineer engaged by a local entity to perform the necessary engineering services for and to supervise the construction or installation of the improvements. See Utah Code 11-42-102
  • Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
              (160)(a)(i) from all hazards or causes; and
              (160)(a)(ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
  • Property price: means the price at which a local entity purchases or acquires by eminent domain property to make improvements in an assessment area. See Utah Code 11-42-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected dealer data: means :
              (14)(a)(i) consumer data that:
                   (14)(a)(i)(A)
                        (14)(a)(i)(A)(I) a consumer provides to a franchisee; or
                        (14)(a)(i)(A)(II) a franchisee otherwise obtains; and
                   (14)(a)(i)(B) is stored in the franchisee's dealer data system;
              (14)(a)(ii) other data that relates to a franchisee's daily business operations and is stored in the franchisee's dealer data system; and
              (14)(a)(iii) motor vehicle diagnostic data. See Utah Code 13-73-101
  • Protected health information: means the same as that term is defined in Utah Code 13-61-101
  • Protected wilderness area: means an area of wilderness that has been designated under this chapter as part of the Utah wilderness preservation system. See Utah Code 63L-7-103
  • Provider: means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. See Utah Code 13-64-101
  • Pseudonymous data: means personal data that cannot be attributed to a specific individual without the use of additional information, if the additional information is:
         (28)(a) kept separate from the consumer's personal data; and
         (28)(b) subject to appropriate technical and organizational measures to ensure that the personal data are not attributable to an identified individual or an identifiable individual. See Utah Code 13-61-101
  • Public agency: means :
         (44)(a) the state or any agency, department, or division of the state; and
         (44)(b) a political subdivision of the state. See Utah Code 11-42-102
  • Public key: means a unique element of cryptographic data that:
         (8)(a) is publicly available;
         (8)(b) is paired with a private key that is held by the owner of the public key; and
         (8)(c) allows viewing, but not digitally signing, electronic transactions. See Utah Code 13-62-101
  • Public lands: means lands within the exterior boundaries of this state except:
         (3)(a) lands to which title is held by a person who is not a governmental entity;
         (3)(b) lands owned or held in trust by this state, a political subdivision of this state, or an independent entity;
         (3)(c) lands reserved for use by the state system of public education as described in Utah Constitution Article X, § 2, or a state institution of higher education listed in Section 53B-1-102;
         (3)(d) school and institutional trust lands as defined in Section 53C-1-103;
         (3)(e) lands within the exterior boundaries as of January 1, 2012, of the following that are designated as national parks:
              (3)(e)(i) Arches National Park;
              (3)(e)(ii) Bryce Canyon National Park;
              (3)(e)(iii) Canyonlands National Park;
              (3)(e)(iv) Capitol Reef National Park; and
              (3)(e)(v) Zion National Park;
         (3)(f) lands within the exterior boundaries as of January 1, 2012, of the following national monuments managed by the National Park Service as of January 1, 2012:
              (3)(f)(i) Cedar Breaks National Monument;
              (3)(f)(ii) Dinosaur National Monument;
              (3)(f)(iii) Hovenweep National Monument;
              (3)(f)(iv) Natural Bridges National Monument;
              (3)(f)(v) Rainbow Bridge National Monument; and
              (3)(f)(vi) Timpanogos Cave National Monument;
         (3)(g) lands within the exterior boundaries as of January 1, 2012, of the Golden Spike National Historic Site;
         (3)(h) lands within the exterior boundaries as of January 1, 2012, of the following wilderness areas located in the state that, as of January 1, 2012, are designated as part of the National Wilderness Preservation System under the Wilderness Act of 1964, 16 U. See Utah Code 63L-6-102
  • Public lands: means :
         (4)(a) land other than a national park that is managed by the United States Parks Service;
         (4)(b) land that is managed by the United States Forest Service; and
         (4)(c) land that is managed by the Bureau of Land Management. See Utah Code 63L-10-102
  • Publicly available information: means information that a person:
         (29)(a) lawfully obtains from a record of a governmental entity;
         (29)(b) reasonably believes a consumer or widely distributed media has lawfully made available to the general public; or
         (29)(c) if the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information. See Utah Code 13-61-101
  • Purchaser: means a person who purchases a benefit from another person under a vehicle value protection agreement. See Utah Code 13-64-101
  • 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
  • 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
  • Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
  • Record keeping services: means those circumstances under which the insurer agrees with a group policy or contract customer to be responsible for obtaining, maintaining, and administering, in its own or its agents' systems, information about each individual insured under an insured's group insurance contract, or a line of coverage under the group insurance contract, at least the following information:
         (7)(a) social security number, or name and date of birth;
         (7)(b) beneficiary designation information;
         (7)(c) coverage eligibility;
         (7)(d) benefit amount; and
         (7)(e) premium payment status. See Utah Code 31A-22-1902
  • Reduced payment obligation: means the full obligation of an owner of property within an assessment area to pay an assessment levied on the property after the assessment has been reduced because of the issuance of refunding assessment bonds, as provided in Section 11-42-608. See Utah Code 11-42-102
  • Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102
  • Regulatory mitigation: means :
         (12)(a) when restitution to users may be required;
         (12)(b) terms and conditions related to any cure period before penalties may be assessed;
         (12)(c) any reduced civil fines during the participation term; and
         (12)(d) other terms tailored to identified issues of the artificial intelligence technology. See Utah Code 13-72-101
  • Regulatory mitigation agreement: means an agreement between a participant, the office, and relevant state agencies described in Section 13-72-302. See Utah Code 13-72-101
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurance intermediary: means :
         (8)(a) a reinsurance intermediary-broker; or
         (8)(b) a reinsurance intermediary-manager. See Utah Code 31A-23a-102
  • Reinsurance intermediary-broker: means a person other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
  • Reinsurance intermediary-manager: means a person who:
              (10)(a)(i) has authority to bind or who manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office; and
              (10)(a)(ii) acts as an agent for the reinsurer whether the person is known as a reinsurance intermediary-manager, manager, or other similar term. See Utah Code 31A-23a-102
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • 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.
  • Rental agreement: means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use or occupancy of real property for residential or commercial purposes. See Utah Code 13-70-101
  • Required manufacturer data: means data that:
              (15)(a)(i) a manufacturer is required to obtain under federal or state law;
              (15)(a)(ii) is required to complete or verify a transaction between the franchisee and the manufacturer;
              (15)(a)(iii) is motor vehicle diagnostic data; or
              (15)(a)(iv) is reasonably necessary for:
                   (15)(a)(iv)(A) a safety notice, recall notice, manufacturer field action, or other legal notice obligation relating to the repair, service, and update of a motor vehicle;
                   (15)(a)(iv)(B) the sale and delivery of a new motor vehicle or certified used motor vehicle to a consumer, including necessary data for the vehicle manufacturer to activate services purchased by the consumer;
                   (15)(a)(iv)(C) the validation and payment of consumer or franchisee incentives;
                   (15)(a)(iv)(D) claims for franchisee-supplied services relating to warranty parts or repairs;
                   (15)(a)(iv)(E) the evaluation of franchisee performance, including the evaluation of the franchisee's monthly financial statements and sales or service, consumer satisfaction with the franchisee through direct consumer contact, or consumer surveys;
                   (15)(a)(iv)(F) franchisee and market analytics;
                   (15)(a)(iv)(G) the identification of the franchisee that sold or leased a specific motor vehicle and the date of the transaction;
                   (15)(a)(iv)(H) marketing purposes designed for the benefit of franchisees, or to direct leads to the franchisee providing the dealer protected data to the franchisor;
                   (15)(a)(iv)(I) the development, evaluation, or improvement of the manufacturer's products or services; or
                   (15)(a)(iv)(J) the daily operational interactions of the franchisee with the manufacturer or other franchisees through applications hosted on the manufacturer's dealer electronic communications system. See Utah Code 13-73-101
  • Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
  • Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retained asset account: means a mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer by depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Utah Code 31A-22-1902
  • Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
  • Rider: means an endorsement to:
         (173)(a) an insurance policy; or
         (173)(b) an insurance certificate. See Utah Code 31A-1-301
  • Right: means a consumer right described in Section 13-61-201. See Utah Code 13-61-101
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Road: means a road classified as either a class B road, as described in Section 72-3-103, or a class D road, as described in Section 72-3-105. See Utah Code 63L-7-103
  • Roadless area: means an area without a road, as defined in Subsection (6). See Utah Code 63L-7-103
  • Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101
  • Sandbox: means the regulatory sandbox program established by the Utah Supreme Court for authorizing nontraditional legal service providers to practice law on a limited and temporary basis under Utah Supreme Court Rule of Professional Practice 14-802. See Utah Code 13-69-101
  • 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
  • Security: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
  • Sell: means to exchange a contract of insurance:
         (12)(a) by any means;
         (12)(b) for money or its equivalent; and
         (12)(c) on behalf of an insurance company. See Utah Code 31A-23a-102
  • Sensitive data: means :
              (32)(a)(i) personal data that reveals:
                   (32)(a)(i)(A) an individual's racial or ethnic origin;
                   (32)(a)(i)(B) an individual's religious beliefs;
                   (32)(a)(i)(C) an individual's sexual orientation;
                   (32)(a)(i)(D) an individual's citizenship or immigration status; or
                   (32)(a)(i)(E) information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional;
              (32)(a)(ii) the processing of genetic personal data or biometric data, if the processing is for the purpose of identifying a specific individual; or
              (32)(a)(iii) specific geolocation data. See Utah Code 13-61-101
  • Service: means :
         (48)(a) water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;
         (48)(b) economic promotion activities; or
         (48)(c) any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means a person that processes protected dealer data on behalf of a franchisee and that receives, from or on behalf of the franchisee, consumer protected dealer data for a business purpose pursuant to a written contract, if the contract prohibits the person from:
         (16)(a) selling or sharing the protected dealer data;
         (16)(b) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract for the franchisee, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract with the franchisee, or as permitted under this title;
         (16)(c) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the service provider and the franchisee; or
         (16)(d) combining the protected dealer data that the service provider receives from, or on behalf of, the franchisee with personal information that the service provider receives from, or on behalf of, another person or persons, or collects from the service provider's own interaction with the consumer. See Utah Code 13-73-101
  • 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 assessment area: means an assessment area that has as the assessment area's primary purpose the financing and funding of public improvements to provide sewer service where there is, in the opinion of the local board of health, substantial evidence of septic system failure in the defined area due to inadequate soils, high water table, or other factors proven to cause failure. See Utah Code 11-42-102
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • sold: means the exchange of personal data for monetary consideration by a controller to a third party. See Utah Code 13-61-101
  • Solicit: means :
         (13)(a) attempting to sell insurance;
         (13)(b) asking or urging a person to apply for:
              (13)(b)(i) a particular kind of insurance; and
              (13)(b)(ii) insurance from a particular insurance company;
         (13)(c) advertising insurance, including advertising for the purpose of obtaining leads for the sale of insurance; or
         (13)(d) holding oneself out as being in the insurance business. See Utah Code 31A-23a-102
  • Special district: means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts. See Utah Code 11-42-102
  • Special fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3
  • Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 11-42-102
  • Specific geolocation data: means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less. See Utah Code 13-61-101
  • STAR standards: means the current, applicable security standards published by the Standards for Technology in Automotive Retail. See Utah Code 13-73-101
  • 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.
  • Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Synthetic data: means data that has been generated by computer algorithms or statistical models and does not contain personal data. See Utah Code 13-61-101
  • Targeted advertising: means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. See Utah Code 13-61-101
  • Third party: means a person other than:
         (36)(a) the consumer, controller, or processor; or
         (36)(b) an affiliate or contractor of the controller or the processor. See Utah Code 13-61-101
  • Third party: includes :
              (18)(b)(i) a service provider;
              (18)(b)(ii) a vendor, including a dealer data vendor and authorized integrator;
              (18)(b)(iii) a manufacturer acting in the capacity of a vendor, service provider, or dealer data vendor; or
              (18)(b)(iv) an affiliate of a manufacturer described in Subsection (18)(b)(iii). See Utah Code 13-73-101
  • Title examination: means a license subline of authority in conjunction with the title insurance line of authority that allows a person to issue title insurance commitments or policies on behalf of a title insurer. See Utah Code 31A-23a-102
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Title marketing representative: means a person who:
         (16)(a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
              (16)(a)(i) title insurance; or
              (16)(a)(ii) escrow services; and
         (16)(b) does not have a title examination or escrow license as provided in Section 31A-23a-106. See Utah Code 31A-23a-102
  • 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
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
         (37)(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the information's disclosure or use; and
         (37)(b) is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy. See Utah Code 13-61-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial period offer: means an offer to provide a period of time to sample or use a product or service without payment. See Utah Code 13-70-101
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
  • Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • Uniform application: means the version of the National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing at the time the application is filed. See Utah Code 31A-23a-102
  • Uniform business entity application: means the version of the National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities at the time the application is filed. See Utah Code 31A-23a-102
  • 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
  • Unimproved property: means property upon which no residential, commercial, or other building has been built. See Utah Code 11-42-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unreasonable restriction: means :
         (20)(a) an unreasonable limitation or condition on the scope or nature of the data that is shared with an authorized integrator;
         (20)(b) an unreasonable limitation or condition on the ability of an authorized integrator to write data to a dealer data system;
         (20)(c) an unreasonable limitation or condition on a third party that accesses or shares protected dealer data or that writes data to a dealer data system;
         (20)(d) requiring unreasonable access to a franchisor's or a third party's sensitive, competitive, or other confidential business information as a condition for accessing protected dealer data or sharing protected dealer data with an authorized integrator;
         (20)(e) prohibiting or limiting a franchisee's ability to store, copy, securely share, or use protected dealer data outside of the dealer data system in any manner or for any reason; or
         (20)(f) allowing access to, or accessing protected dealer data without, the franchisee's prior express written consent. See Utah Code 13-73-101
  • Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that:
         (12)(a) has not provided direct consent to the advertiser to receive the commercial email; and
         (12)(b) does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101
  • 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
  • Utah email address: means an email address that :
         (13)(a) is provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state;
         (13)(b) is ordinarily accessed from a computer located in this state;
         (13)(c) is provided to an individual who is currently a resident of this state; or
         (13)(d) results in delivery of an email to a server in Utah. See Utah Code 13-65-101
  • Utah member: means a member who provides a Utah billing address or zip code when registering with an online dating service provider. See Utah Code 13-67-101
  • 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.
  • Vehicle: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • Vehicle value protection agreement: includes :
              (12)(b)(i) a vehicle trade-in agreement;
              (12)(b)(ii) a vehicle diminished value agreement;
              (12)(b)(iii) a vehicle cash down payment protection agreement; and
              (12)(b)(iv) a vehicle depreciation benefit agreement. See Utah Code 13-64-101
  • Vendor: means a person to whom a franchisee makes available protected dealer data for a business purpose, pursuant to a written contract with the franchisee, if the contract:
         (19)(a) prohibits the vendor from:
              (19)(a)(i) selling or sharing the protected dealer data;
              (19)(a)(ii) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted under this title;
              (19)(a)(iii) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the vendor and the franchisee; and
              (19)(a)(iv) combining the protected dealer data that the vendor receives pursuant to a written contract with the franchisee with personal information that the vendor receives from or on behalf of another person or persons, or collects from the vendor's own interaction with the consumer;
         (19)(b) includes a certification made by the vendor that the vendor understands the restrictions in Subsection (19)(a)(i) and will comply with the restrictions; and
         (19)(c) permits, subject to agreement with the vendor, the franchisee to monitor the vendor's compliance with the contract through measures, including ongoing manual reviews, automated scans, regular assessments, audits, or other technical and operational testing at least once every 12 months. See Utah Code 13-73-101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
  • Waiting period: means the time an insured waits before some or all of the insured's coverage becomes effective. See Utah Code 31A-22-2002
  • Wilderness: means a roadless area of undeveloped state-owned land, other than land owned by the School and Institutional Trust Lands Administration, that:
         (8)(a) is acquired by the state from the federal government through purchase, exchange, grant, or any other means of conveyance of title after May 13, 2014;
         (8)(b) retains its primeval character and influence, without permanent improvements or human habitation;
         (8)(c) generally appears to have been affected primarily by the forces of nature, with minimal human impact;
         (8)(d) has at least 5,000 contiguous acres of land, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition;
         (8)(e) has outstanding opportunities for solitude, or a primitive and unconfined type of recreation; and
         (8)(f) may contain ecological, geological, or other features of scientific, educational, scenic, or historical value. See Utah Code 63L-7-103
  • 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