§ 11-42-401 Levying an assessment — Prerequisites — Assessment list — Partial payment allocation
§ 11-42-402 Notice of assessment and board of equalization hearing
§ 11-42-403 Board of equalization — Hearings — Corrections to proposed assessment list — Report to governing body — Appeal — Board findings final — Waiver of objections
§ 11-42-404 Adoption of a resolution or ordinance levying an assessment — Notice of the adoption — Effective date of resolution or ordinance — Notice of assessment interest
§ 11-42-405 Limit on amount of assessment — Costs required to be paid by the local entity
§ 11-42-406 Assessment for economic promotion activities — Duration — Reporting
§ 11-42-407 Improvements that change the grade of an existing street, alley, or sidewalk — Improvements that improve an intersection or spaces opposite an alley
§ 11-42-408 Assessment against government land prohibited — Exception
§ 11-42-409 Assessment requirements and prohibitions — Economic promotion activities assessment requirements and prohibitions — Allocation for unassessed benefitted government property
§ 11-42-410 Amending an assessment resolution or ordinance
§ 11-42-411 Installment payment of assessments
§ 11-42-412 Assessment fund — Uses of money in the fund — Treasurer’s duties with respect to the fund
§ 11-42-413 Surplus assessments — Payment of bonds — Rebate of assessment if improvements abandoned
§ 11-42-414 Remaining interest and other money in assessment fund to be transferred to the guaranty fund or the local entity’s general fund
§ 11-42-415 Pledge and use of improvement revenues — Reducing installment payments — Notice — Overpayment of installment
§ 11-42-416 Validation of prior assessment proceedings
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Terms Used In Utah Code > Title 11 > Chapter 42 > Part 4 - Assessments

  • Account: means the Consumer Privacy Restricted Account established in Section 13-61-403. See Utah Code 13-61-101
  • Administrative functions: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • 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 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
  • 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 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
  • 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.
  • 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.
  • 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
  • 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 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.
  • 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
  • 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.
  • 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
  • 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
  • Business associate: means the same as that term is defined in Utah Code 13-61-101
  • Child: means an individual younger than 13 years old. See Utah Code 13-61-101
  • 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
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Consumer: means an individual who is a resident of the state acting in an individual or household context. See Utah Code 13-61-101
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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 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
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-61-101
  • 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 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
  • 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
  • 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
  • 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
  • Employer: means the same as that term is defined in Section 34A-2-103. See Utah Code 13-60-203
  • 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
  • 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
  • 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.
  • Finance agreement: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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).
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
  • 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 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
  • 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 :
         (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: means the same as that term is defined in Section 63G-2-103. See Utah Code 13-61-101
  • 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 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 13-61-101
  • Identifiable individual: means an individual who can be readily identified, directly or indirectly. See Utah Code 13-61-101
  • 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.
  • 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
  • Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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 :
         (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
  • 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
  • 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
  • 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
  • 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 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 health information: means the same as that term is defined in Utah Code 13-61-101
  • 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
  • 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
  • Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
  • Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
  • Right: means a consumer right described in Section 13-61-201. See Utah Code 13-61-101
  • 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
  • Security: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
  • 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
  • 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
  • sold: means the exchange of personal data for monetary consideration by a controller to a third party. See Utah Code 13-61-101
  • 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
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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