Terms Used In Utah Code > Title 13 > Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act

• Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
• Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
            (1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
            (1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
• 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.
• Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-102
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automated recycling kiosk: means an interactive machine that:
       (4)(a) is installed inside a commercial site used for the selling of goods and services to consumers;
       (4)(b) is monitored remotely by a live representative during the hours of operation;
       (4)(c) only engages in secondhand merchandise transactions involving wireless communication devices; and
       (4)(d) has the following technological functions:

            (4)(d)(i) verifies the seller's identity by a live representative using the individual's identification;

            (4)(d)(ii) generates a ticket; and

            (4)(d)(iii) electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102
• Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-102
• 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 Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
• Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501
• Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
• Calendar year entity: means an interlocal entity whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 11-13-503. See Utah Code 11-13-501
• Candidate: means one or more of:
       (3)(a) the state;
       (3)(b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and
       (3)(c) a prosecution district. See Utah Code 11-13-103
• Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
• Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102
• Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:
       (12)(a) stamped metal, and issued by a government as monetary currency; or
       (12)(b)

            (12)(b)(i) worth more than its current value as currency; and

            (12)(b)(ii) worth more than its metal content value. See Utah Code 13-32a-102
• Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102
• Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102
• Commercial project entity: means a project entity, defined in Subsection (18), that:
       (4)(a) has no taxing authority; and
       (4)(b) is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103
• Consignment shop: means a business, operating at an established location:
       (16)(a) that deals primarily in the offering for sale property owned by a third party; and
       (16)(b) where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102
• 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.
• database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
• Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
• 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 market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501
• Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift card: means a record that:
       (19)(a) is usable at:

            (19)(a)(i) a single merchant; or

            (19)(a)(ii) a specified group of merchants;
       (19)(b) is prefunded before the record is used; and
       (19)(c) can be used for the purchase of goods or services. See Utah Code 13-32a-102
• Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• Identification: means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:
       (20)(a) a United States Passport or United States Passport Card;
       (20)(b) a state-issued driver license;
       (20)(c) a state-issued identification card;
       (20)(d) a state-issued concealed carry permit;
       (20)(e) a United States military identification;
       (20)(f) a United States resident alien card;
       (20)(g) an identification of a federally recognized Indian tribe; or
       (20)(h) notwithstanding Section 53-3-207, a Utah driving privilege card. See Utah Code 13-32a-102
• IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102
• Indicia of being new: means property that:
       (22)(a) is represented by the individual pawning or selling the property as new;
       (22)(b) is unopened in the original packaging; or
       (22)(c) possesses other distinguishing characteristics that indicate the property is new. See Utah Code 13-32a-102
• Interlocal entity: means :
       (12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
       (12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
• Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501
• Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501
• Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
• Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
• 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
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102
• Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-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.
• Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:
       (25)(a) an authorized representative designated in writing by the original victim; and
       (25)(b) an insurer who has indemnified the original victim for the loss of the described property. See Utah Code 13-32a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
• Pawn transaction: means :
       (27)(a) an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time;
       (27)(b) a loan of money on one or more deposits of personal property;
       (27)(c) the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or
       (27)(d) a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102
• Pawnbroker: means a person whose business:
       (28)(a) engages in a pawn transaction; or
       (28)(b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102
• Pawnshop: means the physical location or premises where a pawnbroker conducts business. See Utah Code 13-32a-102
• 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: 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
• Personal property: All property that is not real property.
• Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102
• precious metals: means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:
            (15)(a)(i) . See Utah Code 13-32a-102
• Project: includes a project entity's ownership interest in:
            (17)(b)(i) facilities that provide additional project capacity;
            (17)(b)(ii) facilities providing replacement project capacity;
            (17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
            (17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
• Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
• Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Proprietary fund: means enterprise funds and the internal service funds of an interlocal entity. See Utah Code 11-13-501
• Public agency: means :
       (19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
       (19)(b) the state or any department, division, or agency of the state;
       (19)(c) any agency of the United States;
       (19)(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
       (19)(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
• Quorum: The number of legislators that must be present to do business.
• Scrap jewelry: means an item purchased solely:
       (33)(a) for its gold, silver, or platinum content; and
       (33)(b) for the purpose of reuse of the metal content. See Utah Code 13-32a-102
• Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. See Utah Code 13-32a-102
• Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transaction card: means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following:
       (37)(a) goods;
       (37)(b) services;
       (37)(c) money; or
       (37)(d) anything else of value. See Utah Code 13-32a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Wireless communication device: means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication. See Utah Code 13-32a-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