§ 11-42b-101 Definitions
§ 11-42b-102 Designating an assessment area — Levying and paying an assessment – Requirements and prohibitions
§ 11-42b-103 Petition to designate assessment area — Requirements — Management plan contents
§ 11-42b-104 Notice of proposed assessment area — Requirements
§ 11-42b-105 Protests
§ 11-42b-106 Public hearing
§ 11-42b-107 Public meeting — Adoption of ordinance or resolution regarding proposed assessment area — Limitations
§ 11-42b-108 Amendments to management plan — Procedure — Notice requirements
§ 11-42b-109 Renewal of assessment area designation — Procedure — Disposition of previous revenues — Notice requirements
§ 11-42b-110 Dissolution of assessment area — Procedure — Disposition of revenues — Notice requirements
§ 11-42b-111 Action to contest assessment or proceeding
§ 11-42b-112 No limitation on other county powers
§ 11-42b-113 Severability
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Terms Used In Utah Code > Title 11 > Chapter 42b - Convention and Tourism Business 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
  • Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Affiliated business: means the gross transaction revenue of a title entity's title insurance business in the state that is the result of an affiliated business arrangement. See Utah Code 31A-23a-1001
  • Affiliated business arrangement: means the same as that term is defined in Utah Code 31A-23a-1001
  • 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
  • Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Utah Code 31A-23a-902
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicable percentage: means :
         (3)(a) on February 1, 2020, through January 31, 2021, 0. See Utah Code 31A-23a-1001
  • Application: means a document:
         (10)(a)
              (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
              (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
                   (10)(a)(ii)(A) insure the risk under:
                        (10)(a)(ii)(A)(I) the coverage as originally offered; or
                        (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
                   (10)(a)(ii)(B) decline to insure the risk; or
         (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
  • Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate: means the same as that term is defined in Utah Code 31A-23a-1001
  • authorized insurer: means an insurer:
              (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
              (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • 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.
  • Beneficial activity: includes an activity to:
              (3)(b)(i) promote tourism;
              (3)(b)(ii) sponsor or incentivize a cultural or sports event, festival, conference, or convention;
              (3)(b)(iii) facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or
              (3)(b)(iv) promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-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 a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101
  • Blanket travel insurance: means a travel insurance policy that:
         (2)(a) an insurer issues to an eligible group; and
         (2)(b) covers:
              (2)(b)(i) a specific class of persons defined in the policy; and
              (2)(b)(ii) all members of the eligible group without a separate charge to an individual member of the eligible group. See Utah Code 31A-23a-902
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • 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 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
  • Cancellation fee waiver: means a contractual agreement that:
         (3)(a) is between a supplier of a travel assistance service and the supplier's customer; and
         (3)(b) waives a non-refundable cancellation fee provision of the supplier's underlying travel contract, with or without regard to:
              (3)(b)(i) the reason for the cancellation; or
              (3)(b)(ii) the form of reimbursement. See Utah Code 31A-23a-902
  • 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
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consultant: means a person who:
         (99)(a) advises another person about insurance needs and coverages;
         (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
         (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
  • Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
  • Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
              (34)(a)(i) a corporation doing business:
                   (34)(a)(i)(A) as:
                        (34)(a)(i)(A)(I) an insurance producer;
                        (34)(a)(i)(A)(II) a surplus lines producer;
                        (34)(a)(i)(A)(III) a limited line producer;
                        (34)(a)(i)(A)(IV) a consultant;
                        (34)(a)(i)(A)(V) a managing general agent;
                        (34)(a)(i)(A)(VI) a reinsurance intermediary;
                        (34)(a)(i)(A)(VII) a third party administrator; or
                        (34)(a)(i)(A)(VIII) an adjuster; and
                   (34)(a)(i)(B) under:
                        (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                        (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                        (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
              (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Council-mayor form of government: means the form of municipal government that:
         (1)(a)
              (1)(a)(i) is provided for in Laws of Utah 1977, Chapter 48;
              (1)(a)(ii) may not be adopted without voter approval; and
              (1)(a)(iii) consists of two separate, independent, and equal branches of municipal government; and
         (1)(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deadline: means a final date or time:
         (44)(a) imposed by:
              (44)(a)(i) statute;
              (44)(a)(ii) rule; or
              (44)(a)(iii) order; and
         (44)(b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Digital media company: means a company engaged in the production of a digital media project. See Utah Code 63N-8-102
  • Digital media project: means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution. See Utah Code 63N-8-102
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
         (51)(a) perform the duties of:
              (51)(a)(i) that individual's occupation; or
              (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
         (51)(b) perform two or more of the following basic activities of daily living:
              (51)(b)(i) eating;
              (51)(b)(ii) toileting;
              (51)(b)(iii) transferring;
              (51)(b)(iv) bathing; or
              (51)(b)(v) dressing. See Utah Code 31A-1-301
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001
  • Dollars left in the state: means expenditures made in the state for a state-approved production, including:
         (3)(a) an expenditure that is subject to:
              (3)(a)(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise and Income Taxes;
              (3)(a)(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
              (3)(a)(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, notwithstanding any sales and use tax exemption allowed by law; or
              (3)(a)(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
         (3)(b) payments made to a nonresident only to the extent of the income tax paid to the state on the payments, the amount of per diems paid in the state, and other direct reimbursements transacted in the state; and
         (3)(c) payments made to a payroll company or loan-out corporation that is registered to do business in the state, only to the extent of the amount of withholding under Section 59-10-402. See Utah Code 63N-8-102
  • Eligible group: includes :
              (4)(b)(i) an entity engaged in the business of providing travel or a travel service in which, with regard to the particular travel or travel service or type of travel or travelers, all members or customers of the group have common exposure to risk attendant to that travel, including:
                   (4)(b)(i)(A) a tour operator;
                   (4)(b)(i)(B) a lodging provider;
                   (4)(b)(i)(C) a vacation property owner;
                   (4)(b)(i)(D) a hotel or resort;
                   (4)(b)(i)(E) a travel club;
                   (4)(b)(i)(F) a travel agency;
                   (4)(b)(i)(G) a property manager;
                   (4)(b)(i)(H) a cultural exchange program;
                   (4)(b)(i)(I) a common carrier; and
                   (4)(b)(i)(J) the operator, owner, or lessor of a means of transportation of passengers, including an airline, a cruise line, a railroad, a steamship company, and a public bus carrier;
              (4)(b)(ii) a college, school, or other institution of learning, covering students, teachers, employees, or volunteers;
              (4)(b)(iii) an employer covering employees, volunteers, contractors, a board of directors, dependents, or guests;
              (4)(b)(iv) a sports team, camp, or a sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers;
              (4)(b)(v) a religious, charitable, recreational, educational, or civic organization, or a branch of a religious, charitable, recreational, educational, or civic organization, covering members, participants, or volunteers;
              (4)(b)(vi) a financial institution, a financial institution vendor, or a parent holding company, trustee, or agent of or designated by a financial institution or a financial institution vendor, covering accountholders, credit card holders, debtors, guarantors, or purchasers;
              (4)(b)(vii) an incorporated or unincorporated association, including a labor union, that:
                   (4)(b)(vii)(A) has a common interest, constitution, and bylaws;
                   (4)(b)(vii)(B) is organized and maintained in good faith for a purpose other than to cover members or participants of the association; and
                   (4)(b)(vii)(C) covers members of the association;
              (4)(b)(viii) an entertainment production company covering participants, volunteers, audience members, contestants, or workers;
              (4)(b)(ix) a volunteer fire department, ambulance, rescue, police, or court or a volunteer first aid, civil defense, or other volunteer group similar to first aid or civil defense, covering members, participants, or volunteers;
              (4)(b)(x) a preschool, a daycare institution for children or adults, or a senior citizen club, covering attendees or participants;
              (4)(b)(xi) an automobile or truck rental or leasing company:
                   (4)(b)(xi)(A) covering individuals who may become renters, lessees, or passengers depending on the travel status of the individual on a rented or leased vehicle; and
                   (4)(b)(xi)(B) if the common carrier, operator, owner or lessor of the means of transportation, or the automobile or truck rental or leasing company is the policyholder; and
              (4)(b)(xii) a group not described in Subsections (4)(b)(i) through (xi), if the commissioner determines that:
                   (4)(b)(xii)(A) the members of the group are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship; and
                   (4)(b)(xii)(B) issuance of the policy would not be contrary to the public interest. See Utah Code 31A-23a-902
  • 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
  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • 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
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
         (67)(a) a specific physical condition;
         (67)(b) a specific medical procedure;
         (67)(c) a specific disease or disorder; or
         (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • 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
  • Filing: when used as a noun, means an item required to be filed with the department including:
         (70)(a) a policy;
         (70)(b) a rate;
         (70)(c) a form;
         (70)(d) a document;
         (70)(e) a plan;
         (70)(f) a manual;
         (70)(g) an application;
         (70)(h) a report;
         (70)(i) a certificate;
         (70)(j) an endorsement;
         (70)(k) an actuarial certification;
         (70)(l) a licensee annual statement;
         (70)(m) a licensee renewal application;
         (70)(n) an advertisement;
         (70)(o) a binder; or
         (70)(p) an outline of coverage. See Utah Code 31A-1-301
  • 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.
  • Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • Fulfillment material: means documentation that:
         (5)(a) is sent to the purchaser of a travel protection plan;
         (5)(b) confirms the purchase of the travel protection plan; and
         (5)(c) provides the travel protection plan's coverage and assistance details. See Utah Code 31A-23a-902
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
         (83)(a) a professional service;
         (83)(b) a personal service;
         (83)(c) a facility;
         (83)(d) equipment;
         (83)(e) a device;
         (83)(f) supplies; or
         (83)(g) medicine. See Utah Code 31A-1-301
  • health 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
  • 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
  • Inland marine insurance: includes insurance covering:
         (94)(a) property in transit on or over land;
         (94)(b) property in transit over water by means other than boat or ship;
         (94)(c) bailee liability;
         (94)(d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and
         (94)(e) personal and commercial property floaters. See Utah Code 31A-1-301
  • 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
  • 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: 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
  • 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 session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Limited lines travel insurance producer: means one of the following designated by an insurer as the travel insurance supervising entity as provided in Subsection 31A-23a-905(4):
         (7)(a) a licensed managing general agent or third party administrator; or
         (7)(b) a licensed insurance producer, including a limited lines producer. See Utah Code 31A-23a-902
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan-out corporation: means a corporation owned by one or more artists that provides services of the artists to a third party production company. See Utah Code 63N-8-102
  • Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101
  • 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
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motion picture company: means a company engaged in the production of:
         (5)(a) motion pictures;
         (5)(b) television series; or
         (5)(c) made-for-television movies. See Utah Code 63N-8-102
  • Motion picture incentive: means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section Utah Code 63N-8-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means a city or town. See Utah Code 11-42b-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
  • New or newly affiliated title entity: means a title entity that:
         (7)(a) is licensed as a title entity for the first time on or after May 14, 2019; or
         (7)(b)
              (7)(b)(i) is licensed as a title entity before May 14, 2019; and
              (7)(b)(ii) enters into an affiliated business arrangement for the first time on or after May 14, 2019. See Utah Code 31A-23a-1001
  • New state revenue: means :
         (7)(a) incremental new state sales and use tax revenue generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;
         (7)(b) incremental new state tax revenue that a digital media company pays as a result of a digital media project under:
              (7)(b)(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
              (7)(b)(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;
              (7)(b)(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
              (7)(b)(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
              (7)(b)(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
         (7)(c) incremental new state revenue generated as individual income taxes under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or
         (7)(d) a combination of Subsections (7)(a), (b), and (c). See Utah Code 63N-8-102
  • 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.
  • Offer and disseminate: means :
         (8)(a) providing general information, including a description of the coverage and price;
         (8)(b) processing an application;
         (8)(c) collecting a premium; and
         (8)(d) performing activities that the state permits to be done by a person who is not licensed. See Utah Code 31A-23a-902
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
  • Payroll company: means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production. See Utah Code 63N-8-102
  • 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 property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Personally identifiable information: is a s defined in Utah Code 31A-23b-102
  • Plan year: means :
         (149)(a) the year that is designated as the plan year in:
              (149)(a)(i) the plan document of a group health plan; or
              (149)(a)(ii) a summary plan description of a group health plan;
         (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
              (149)(b)(i) the year used to determine deductibles or limits;
              (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
              (149)(b)(iii) the employer's taxable year if:
                   (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and
                   (149)(b)(iii)(B)
                        (149)(b)(iii)(B)(I) the plan is not insured; or
                        (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
         (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • Policy: includes a service contract issued by:
              (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
              (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
              (150)(b)(iii) a corporation licensed under:
                   (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • 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 a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Producer: means the same as the term "person who is in a position to refer settlement service business" is defined in Utah Code 31A-23a-1001
  • Producer for the insured: means a producer who:
                   (102)(c)(i)(A) is compensated directly and only by an insurance customer or an insured; and
                   (102)(c)(i)(B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301
  • 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
  • Public programs: means the state Medicaid program in Title 26B, Chapter 3, Health Care - Administration and Assistance, and Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program. See Utah Code 31A-23b-102
  • Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101
  • Rate: means :
              (163)(a)(i) the cost of a given unit of insurance; or
              (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
                   (163)(a)(ii)(A) a single number; or
                   (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                        (163)(a)(ii)(B)(I) expenses;
                        (163)(a)(ii)(B)(II) profit; and
                        (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
              (166)(a)(i) a refund of premium or portion of premium;
              (166)(a)(ii) a refund of commission or portion of commission;
              (166)(a)(iii) a refund of all or a portion of a consultant fee; or
              (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Refundable tax credit: means a refundable motion picture tax credit authorized under Section 63N-8-103 and claimed under Section Utah Code 63N-8-102
  • 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
  • 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
  • RESPA: means the federal Real Estate Settlement Procedures Act, Utah Code 31A-23a-1001
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted account: means the Motion Picture Incentive Account created in Section 63N-8-103. See Utah Code 63N-8-102
  • Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
  • 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
  • Sell: means to exchange a contract of insurance:
         (179)(a) by any means;
         (179)(b) for money or its equivalent; and
         (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-102
  • 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
  • Solicit: means the same as that term is defined in Section 31A-23a-102. See Utah Code 31A-23b-102
  • Specified county: means a county of the first or second class. See Utah Code 11-42b-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
  • State revenue: means state tax liability paid by a business entity or a business entity's employees under any combination of the following provisions:
         (12)(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
         (12)(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;
         (12)(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
         (12)(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
         (12)(e) Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 63N-1a-102
  • State-approved production: means a production under Subsections (2) and (5) that is:
         (12)(a) approved by the office and ratified by the Board of Tourism Development created in Section 63N-7-201; and
         (12)(b) produced in the state by a motion picture company. See Utah Code 63N-8-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Sufficient capital and net worth: means :
         (11)(a) for a new or newly affiliated title entity:
              (11)(a)(i) $100,000 for the first five years after becoming a new or newly affiliated title entity; or
              (11)(a)(ii) after the first five years after becoming a new or newly affiliated title entity, the greater of:
                   (11)(a)(ii)(A) $50,000; or
                   (11)(a)(ii)(B) on February 1 of each year, an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000; or
         (11)(b) for a title entity licensed before May 14, 2019, who is not a new or newly affiliated title entity:
              (11)(b)(i) for the time period beginning on February 1, 2020, and ending on January 31, 2029, the lesser of:
                   (11)(b)(i)(A) an amount equal to the applicable percentage of the title entity's average annual gross revenue over the two calendar years immediately preceding the February 1 on which the applicable percentage first applies; or
                   (11)(b)(i)(B) $150,000; and
              (11)(b)(ii) beginning on February 1, 2029, the greater of:
                   (11)(b)(ii)(A) $50,000; or
                   (11)(b)(ii)(B) an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000. See Utah Code 31A-23a-1001
  • 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
  • Tax credit certificate: means a certificate issued by the office that:
         (14)(a) lists the name of the applicant;
         (14)(b) lists the applicant's taxpayer identification number;
         (14)(c) lists the amount of tax credit that the office awards the applicant for the taxable year; and
         (14)(d) may include other information as determined by the office. See Utah Code 63N-8-102
  • Terminate: means :
         (14)(a) the cancellation of the relationship between:
              (14)(a)(i) an individual licensee or agency licensee and a particular insurer; or
              (14)(a)(ii) an individual licensee and a particular agency licensee; or
         (14)(b) the termination of:
              (14)(b)(i) an individual licensee's or agency licensee's authority to transact insurance on behalf of a particular insurance company; or
              (14)(b)(ii) an individual licensee's authority to transact insurance on behalf of a particular agency licensee. See Utah Code 31A-23a-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101
  • Title entity: means :
         (12)(a) a title licensee as defined in Section 31A-2-402; or
         (12)(b) a title insurer as defined in Section 31A-23a-415. See Utah Code 31A-23a-1001
  • 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
  • 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
  • Travel administrator: means a person who, in connection with travel insurance, directly or indirectly:
              (9)(a)(i) underwrites;
              (9)(a)(ii) collects a charge, collateral, or a premium from a resident of this state; or
              (9)(a)(iii) adjusts or settles a claim on a resident of this state. See Utah Code 31A-23a-902
  • Travel assistance service: includes :
              (10)(b)(i) a security advisory;
              (10)(b)(ii) destination information;
              (10)(b)(iii) a vaccination and immunization information service;
              (10)(b)(iv) a travel reservation service;
              (10)(b)(v) entertainment;
              (10)(b)(vi) activity and event planning;
              (10)(b)(vii) translation assistance;
              (10)(b)(viii) emergency messaging;
              (10)(b)(ix) an international legal or medical referral;
              (10)(b)(x) medical case monitoring;
              (10)(b)(xi) coordination of transportation arrangements;
              (10)(b)(xii) emergency cash transfer assistance;
              (10)(b)(xiii) medical prescription replacement assistance;
              (10)(b)(xiv) passport and travel document replacement assistance;
              (10)(b)(xv) lost luggage assistance; and
              (10)(b)(xvi) a concierge service. See Utah Code 31A-23a-902
  • Travel insurance: means insurance coverage for personal risks incident to planned travel, including:
              (11)(a)(i) interruption or cancellation of a trip or event;
              (11)(a)(ii) loss of baggage or personal effects;
              (11)(a)(iii) damages to accommodations or rental vehicles;
              (11)(a)(iv) sickness, accident, disability, or death during travel;
              (11)(a)(v) emergency evacuation;
              (11)(a)(vi) repatriation of remains; or
              (11)(a)(vii) a contractual obligation that indemnifies or pays a specified amount to the traveler upon a determinable contingency related to travel. See Utah Code 31A-23a-902
  • Travel protection plan: means a plan that provides:
         (12)(a) travel insurance;
         (12)(b) a travel assistance service; or
         (12)(c) a cancellation fee waiver. See Utah Code 31A-23a-902
  • Travel retailer: means a business entity that:
         (13)(a) makes, arranges, or offers a travel service; and
         (13)(b) may offer and disseminate travel insurance as a service to the entity's customers on behalf of and under the direction of a limited lines travel insurance producer. See Utah Code 31A-23a-902
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • 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