Utah Code > Title 11 > Chapter 70 > Part 1 – General Provisions


§ 11-70-101	Definitions
§ 11-70-102	Severability
§ 11-70-103	Nonlapsing funds
§ 11-70-104	Loan approval committee — Approval of infrastructure loans

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Terms Used In Utah Code > Title 11 > Chapter 70 > Part 1 - General Provisions

Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
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
Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
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.
Base taxable value: means the taxable value of land within the fairpark district boundary as of January 1, 2024, as determined under Subsection 11-70-206(9). See Utah Code 11-70-101
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}
Board: means the fairpark district's governing body, created in Section 11-70-301. See Utah Code 11-70-101
Captive insurance company: means :
     (21)(a) an insurer:
          (21)(a)(i) owned by a parent organization; and
          (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
               (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and
               (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
     (21)(b) in the case of a group or association, an insurer:
          (21)(b)(i) owned by the insureds; and
          (21)(b)(ii) whose purpose is to insure risks of:
               (21)(b)(ii)(A) a member organization;
               (21)(b)(ii)(B) a group member; or
               (21)(b)(ii)(C) an affiliate of:
                    (21)(b)(ii)(C)(I) a member organization; or
                    (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or
(23)(b) a third party. See Utah Code 31A-1-301
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means an insurance corporation, except when referring to:
          (34)(a)(i) a corporation doing business:
               (34)(a)(i)(A) as:
                    (34)(a)(i)(A)(I) an insurance producer;
                    (34)(a)(i)(A)(II) a surplus lines producer;
                    (34)(a)(i)(A)(III) a limited line producer;
                    (34)(a)(i)(A)(IV) a consultant;
                    (34)(a)(i)(A)(V) a managing general agent;
                    (34)(a)(i)(A)(VI) a reinsurance intermediary;
                    (34)(a)(i)(A)(VII) a third party administrator; or
                    (34)(a)(i)(A)(VIII) an adjuster; and
               (34)(a)(i)(B) under:
                    (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                    (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                    (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
          (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Insurance Department. See Utah Code 31A-1-301
Designation resolution: means a resolution adopted by the board that designates a transition date for the parcel specified in the resolution. See Utah Code 11-70-101
Development: means :
(5)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
(5)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (5)(a). See Utah Code 11-70-101
Development project: means a project for the development of land within a project area. See Utah Code 11-70-101
Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
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
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Fair park authority: means the State Fair Park Authority created in Section 11-68-201. See Utah Code 11-70-101
Fair park land: means the same as that term is defined in Section 11-68-101. See Utah Code 11-70-101
Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 11-70-101
Fairpark district boundary: means a line or set of lines that:
(12)(a) defines the geographic boundary of the fairpark district, consisting of the interior space within each polygon described by the line or set of lines; and
(12)(b) is delineated in the electronic shapefile that is the electronic component of H. See Utah Code 11-70-101
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
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
Franchise agreement: means a legally binding and valid agreement under which:
(15)(a) a franchise is confirmed for a major league sports team that before January 1, 2024 had not been located in the state; and
(15)(b) the major league sports team agrees to play home games in a stadium to be constructed within the fairpark district boundary. See Utah Code 11-70-101
Franchise agreement date: means the date that a franchise agreement is fully executed and in effect. See Utah Code 11-70-101
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 care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Individual: means a natural person. See Utah Code 31A-1-301
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interinsurance exchange: means the same as that term is defined in Subsection (168). See Utah Code 31A-1-301
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Limited line insurance: includes :
     (118)(a) bail bond;
     (118)(b) limited line credit insurance;
     (118)(c) legal expense insurance;
     (118)(d) motor club insurance;
     (118)(e) car rental related insurance;
     (118)(f) travel insurance;
     (118)(g) crop insurance;
     (118)(h) self-service storage insurance;
     (118)(i) guaranteed asset protection waiver;
     (118)(j) portable electronics insurance; and
     (118)(k) another form of limited insurance that the commissioner determines by rule should be designated a form of limited line insurance. See Utah Code 31A-1-301
Major league sports team: means a team:
     (18)(a) consisting of professional athletes;
     (18)(b) that is part of a professional sports league; and
     (18)(c) that is engaged in the business of presenting live sporting events before primarily a paying audience. See Utah Code 11-70-101
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Order: means an order of the commissioner. See Utah Code 31A-1-301
Other state land: means :
(19)(a) land within the fairpark district boundary, other than fair park land, that is owned by the state on January 1, 2024; and
(19)(b) land acquired by the fairpark district or the state on or after May 1, 2024. See Utah Code 11-70-101
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
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
Post-designation parcel: means a parcel within a project area after the transition date for that parcel. See Utah Code 11-70-101
Premium: includes , however designated:
          (156)(b)(i) an assessment;
          (156)(b)(ii) a membership fee;
          (156)(b)(iii) a required contribution; or
          (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
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
Professional sports league: means a group of major league sports teams that have formed a league:
(23)(a) for the major league sports teams to compete against one another; and
(23)(b) in which the combined average annual payroll for the major league sports teams in the league on the franchise agreement date is not less than $100,000,000. See Utah Code 11-70-101
Project area: means land described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-70-101
Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-70-101
Property: includes both real and personal property. See Utah Code 68-3-12.5
Property tax: includes each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-70-101
Public entity: means :
(28)(a) the state, including each department, division, or other agency of the state; or
(28)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the fairpark district. See Utah Code 11-70-101
Public infrastructure and improvements: includes :
          (29)(b)(i) facilities, lines, or systems that provide:
               (29)(b)(i)(A) water, chilled water, or steam; or
               (29)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
          (29)(b)(ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
          (29)(b)(iii) a qualified stadium;
          (29)(b)(iv) public trails and pathways associated with and rehabilitation of and improvements to the Jordan River; and
          (29)(b)(v) agricultural and related exhibit facilities on fair park land. See Utah Code 11-70-101
Qualified stadium: includes parking structures or facilities, lighting facilities, plazas, and open space associated with a stadium described in Subsection (31)(a). See Utah Code 11-70-101
Quorum: The number of legislators that must be present to do business.
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
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
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
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.
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-70-101
Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
          (182)(a)(i)
               (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
               (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
          (182)(a)(ii) employs at least one employee on the first day of the plan year; and
          (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
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.
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-70-101
Taxing entity: means the same as that term is defined in Section 59-2-102, excluding a public infrastructure district that the fairpark district creates under Title 17D, Chapter 4, Public Infrastructure District Act. See Utah Code 11-70-101
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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transition date: means the date indicated in a designation resolution after which the parcel that is the subject of the designation resolution becomes a post-designation parcel. See Utah Code 11-70-101
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
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