Utah Code > Title 13 > Chapter 68 – Lawyer Referral Consultants Registration Act

		Sections
Part 1	General Provisions	13-68-101
Part 2	Registration Requirements	13-68-201 – 13-68-204
Part 3	Operational Requirements	13-68-301 – 13-68-305
Part 4	Prohibited Acts and Penalties	13-68-401 – 13-68-404

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Terms Used In Utah Code > Title 13 > Chapter 68 - Lawyer Referral Consultants Registration Act

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
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 the same as that term is defined in Section 16-6a-102. See Utah Code 34A-5-102
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Applicable area: means :
(1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or
(1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
Applicable area: means :
(1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or
(1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 34A-5-102
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Appropriation: means an allocation of money by the board of trustees for a specific purpose. See Utah Code 17B-1-601
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
Assessment bonds: means bonds that are:
(3)(a) issued under Section 11-42-605; and
(3)(b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Bona fide occupational qualification: means a characteristic applying to an employee that:
(1)(c)(i) is necessary to the operation; or
(1)(c)(ii) is the essence of the employee's employer's business. See Utah Code 34A-5-102
Bond: means :
     (3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
     (3)(b) a lease agreement, installment purchase agreement, or other agreement that:
          (3)(b)(i) includes an obligation by the district to pay money; and
          (3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
Budget: means a plan of financial operations for a fiscal year which 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 it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
Budget officer: means the person appointed by the special district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
Calendar year entity: means a special district whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 17B-1-602. See Utah Code 17B-1-601
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
Client: means a person that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 17-55-101
Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Compensation: means payment owed by an employer for labor or services performed by an employee. See Utah Code 35A-7-102
Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
     (3)(a) services;
     (3)(b) personal or real property; or
     (3)(c) another thing of value. See Utah Code 13-68-101
council: means a council created by a county or counties in accordance with Section 17-55-201. See Utah Code 17-55-101
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 34A-5-102
Current year: means the fiscal year in which a budget is prepared and adopted, which is the fiscal year next preceding the budget year. See Utah Code 17B-1-601
Date of hire: means the date labor or services for compensation are first performed by the employee. See Utah Code 35A-7-102
Date of rehire: means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days. See Utah Code 35A-7-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Deficit: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Dependent: A person dependent for support upon another.
Digital marketing service: means an Internet-based company that:
(4)(a) advertises legal services on behalf of a law firm; and
(4)(b) does not contact prospective clients individually. See Utah Code 13-68-101
Director: means the director of the division. See Utah Code 34A-5-102
Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, Utah Code 34A-5-102
Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
Discharge document: means a document received by a service member upon separation from military service, including:
     (2)(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
     (2)(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
     (2)(c) a DD 257, United States General Discharge Certificate; or
     (2)(d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-68-101
Donor: The person who makes a gift.
Donor: means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education. See Utah Code 34-41-101
Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
Employee: means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. See Utah Code 35A-7-102
employer: as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions. See Utah Code 34-34-3
Employer: means :
               (1)(i)(i)(A) the state;
               (1)(i)(i)(B) a political subdivision;
               (1)(i)(i)(C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
               (1)(i)(i)(D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102
Employer: includes any governmental entity and any labor organization. See Utah Code 35A-7-102
Employment agency: means a person:
(1)(j)(i) undertaking to procure employees or opportunities to work for any other person; or
(1)(j)(ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102
Employment invention: means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
     (1)(a) conceived, developed, reduced to practice, or created by the employee:
          (1)(a)(i) within the scope of his employment;
          (1)(a)(ii) on his employer's time; or
          (1)(a)(iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;
     (1)(b) the result of any work, services, or duties performed by an employee for his employer;
     (1)(c) related to the industry or trade of the employer; or
     (1)(d) related to the current or demonstrably anticipated business, research, or development of the employer. See Utah Code 34-39-2
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 17B-1-601
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.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-5-102
Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601
Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
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 each district. See Utah Code 17B-1-601
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}
Franchise: means the same as that term is defined in Utah Code 34A-5-102
Franchisee: means the same as that term is defined in Utah Code 34A-5-102
Franchisor: means the same as that term is defined in Utah Code 34A-5-102
Fund: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Fund balance: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17B-1-601
Governing body: means :
     (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (22)(b) for a special district, the board of trustees of the special district;
     (22)(c) for a special service district:
          (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
          (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
     (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
     (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
     (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
Governing body: means :
(2)(a) for a county or municipality, the legislative body of the county or municipality; and
(2)(b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
Governmental funds: means the general fund, special revenue fund, debt service fund, and capital projects fund of a special district. See Utah Code 17B-1-601
Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
Intellectual property: means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them. See Utah Code 34-39-2
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17B-1-601
Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102
Labor organization: means an organization that exists for the purpose in whole or in part of:
          (1)(q)(i) collective bargaining;
          (1)(q)(ii) dealing with employers concerning grievances, terms or conditions of employment; or
          (1)(q)(iii) other mutual aid or protection in connection with employment. See Utah Code 34A-5-102
Labor organization: includes any entity or hiring hall that is used by agreement between the organization and an employer to carry out requirements described in Section 8(f)(3) of the National Labor Relations Act. See Utah Code 35A-7-102
Last completed fiscal year: means the fiscal year next preceding the current fiscal year. See Utah Code 17B-1-601
Law firm: means an entity consisting of one or more licensed lawyers lawfully engaged in the practice of law. See Utah Code 13-68-101
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
Lawyer referral service: means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. See Utah Code 13-68-101
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal services: means any form of legal advice or legal representation that is subject to the laws of this state. See Utah Code 13-68-101
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Local entity: means :
     (31)(a) a county, city, town, special service district, or special district;
     (31)(b) an interlocal entity as defined in Section 11-13-103;
     (31)(c) the military installation development authority, created in Section 63H-1-201;
     (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
     (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
     (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
Municipality: means a city or town. See Utah Code 17B-1-102
National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
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.
On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
(1)(s)(i) is also employed at that job; or
(1)(s)(ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 34A-5-102
Optional plan: means a plan establishing an alternate form of government for a county as provided in Section 17-52a-404. See Utah Code 17-52a-102
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
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.
Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101
Person: means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
Person: means :
          (1)(t)(i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
          (1)(t)(ii) the state; and
          (1)(t)(iii) a political subdivision of the state. See Utah Code 34A-5-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
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: 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
Petition: means a petition under Subsection 17B-1-203(1)(a), (b), (c), or (d). See Utah Code 17B-1-201
Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
Post-incarceration services: includes :
          (5)(b)(i) educational services;
          (5)(b)(ii) housing services;
          (5)(b)(iii) health care services;
          (5)(b)(iv) workforce services; and
          (5)(b)(v) human services programs. See Utah Code 17-55-101
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.
Preference eligible: means the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
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.
Presiding officer: means the same as that term is defined in Section 63G-4-103. See Utah Code 34A-5-102
Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 34A-5-102
Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
Proprietary funds: means enterprise funds and the internal service funds of a special district. See Utah Code 17B-1-601
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
Public assistance: means :
     (10)(a) services or benefits provided under Chapter 3, Employment Support Act;
     (10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
     (10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
     (10)(d) SNAP benefits; and
     (10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public entity: means :
     (22)(a) the United States or an agency of the United States;
     (22)(b) the state or an agency of the state;
     (22)(c) a political subdivision of the state or an agency of a political subdivision of the state;
     (22)(d) another state or an agency of that state; or
     (22)(e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
Public funds: means any money or payment collected or received by an officer or employee of a special district acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the district, or the officer or employee while acting within the scope of employment or duty. See Utah Code 17B-1-601
Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Quorum: The number of legislators that must be present to do business.
Random testing: means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. See Utah Code 34-41-101
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
receiving entity: means the entity that will, after the withdrawal of an area from a special district, provide to the withdrawn area the service that the special district previously provided to the area. See Utah Code 17B-1-501
Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201
Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
Registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 35A-7-102
Religious leader: means an individual who is associated with, and is an authorized representative of, a religious organization or association or a religious corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual advisor. See Utah Code 34A-5-102
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.
Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
Responsible body: means the governing body of:
     (12)(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
     (12)(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
          (12)(b)(i) the unincorporated part of the county; or
          (12)(b)(ii) more than one municipality within the county;
     (12)(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
     (12)(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
Responsible clerk: means :
(13)(a) except as provided in Subsection (13)(b), the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body; or
(13)(b) for the proposed creation of an infrastructure financing district, the clerk of the county in which the majority of the acreage within the boundary of the proposed infrastructure financing district is located. See Utah Code 17B-1-201
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail: means , with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user. See Utah Code 17B-1-401
Retained earnings: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Retaliate: means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
(1)(y)(i) opposes an employment practice prohibited under this chapter; or
(1)(y)(ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter. See Utah Code 34A-5-102
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
     (25)(a) parliamentary order and procedure;
     (25)(b) ethical behavior; and
     (25)(c) civil discourse. See Utah Code 17B-1-102
Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Service member: means a currently serving member of the armed forces. See Utah Code 34-50-102
Service of process: The service of writs or summonses to the appropriate party.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 34A-5-102
Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
     (31)(a) this chapter; or
     (31)(b)
          (31)(b)(i) this chapter; and
          (31)(b)(ii)
               (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
               (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;
               (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;
               (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;
               (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;
               (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;
               (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
               (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;
               (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;
               (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;
               (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or
               (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
Special fund: means any special district fund other than the special district's general fund. See Utah Code 17B-1-601
Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or an infrastructure financing district. See Utah Code 17B-1-102
State agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102
State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 34-41-101
Study committee: means the committee that has five members appointed and charged with the duties as provided in Section 17-52a-403. See Utah Code 17-52a-102
Subpoena: A command to a witness to appear and give testimony.
Tax and revenue anticipation bond: means a bond:
(34)(a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and
(34)(b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102
Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Undue hardship: means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation. See Utah Code 34A-5-102
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
Unincorporated entity: means an entity organized or doing business in the state that is not:
          (1)(bb)(i) an individual;
          (1)(bb)(ii) a corporation; or
          (1)(bb)(iii) publicly traded. See Utah Code 34A-5-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Venue: The geographical location in which a case is tried.
Veteran: means the same as that term is defined in Section Utah Code 34-50-102
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.
Victim advocate: work with prosecutors and assist the victims of a crime.
Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 34A-5-102
Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Wholesale: means , with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider. See Utah Code 17B-1-401
Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102