Terms Used In Utah Code > Title 16 > Chapter 6a > Part 1 - General Provisions

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
• Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
• Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
• 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.
• Applicant: means the person:
       (3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
       (3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
• 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
• Articles of incorporation: include :
       (3)(a) amended articles of incorporation;
       (3)(b) restated articles of incorporation;
       (3)(c) articles of merger; and
       (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
• Budgetary accounts: means those accounts necessary to reflect budgetary operations and conditions, such as estimated revenues, appropriations, and encumbrances. See Utah Code 51-5-3
• Bylaws: includes :
            (6)(b)(i) amended bylaws; and
            (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
• Completion: means , regarding property covered by an agreement:
       (4)(a) no further response actions are necessary; or
       (4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporate name: means :
       (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
       (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
       (13)(c) the name of a foreign corporation as stated in the foreign corporation's:

            (13)(c)(i) articles of incorporation; or

            (13)(c)(ii) document of similar import to articles of incorporation; or
       (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

            (13)(d)(i) articles of incorporation; or

            (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delegate: means a person elected or appointed to vote in a representative assembly:
       (16)(a) for the election of a director; or
       (16)(b) on matters other than the election of a director. See Utah Code 16-6a-102
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means a member of the board of directors. See Utah Code 16-6a-102
• director: means :
            (4)(a)(i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
            (4)(a)(ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
• Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
            (19)(a)(i) members;
            (19)(a)(ii) directors; or
            (19)(a)(iii) officers. See Utah Code 16-6a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• domestic corporation: means a corporation for profit that:
       (15)(a) is not a foreign corporation; and
       (15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
• domestic nonprofit corporation: means an entity that:
       (37)(a) is not a foreign nonprofit corporation; and
       (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
• Donor: The person who makes a gift.
• Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
• Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3
• 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.
• Entity: includes :
       (25)(a) a domestic or foreign corporation;
       (25)(b) a domestic or foreign nonprofit corporation;
       (25)(c) a limited liability company;
       (25)(d) a profit or nonprofit unincorporated association;
       (25)(e) a business trust;
       (25)(f) an estate;
       (25)(g) a partnership;
       (25)(h) a trust;
       (25)(i) two or more persons having a joint or common economic interest;
       (25)(j) a state;
       (25)(k) the United States; or
       (25)(l) a foreign government. See Utah Code 16-6a-102
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
• Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
• Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
• Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
• Expenditures: means decreases in net financial resources from other than interfund transfers, refundings of general long-term capital debt, and other items indicated by GASB. See Utah Code 51-5-3
• Fiduciary: A trustee, executor, or administrator.
• Financial resources: includes cash, claims to cash such as taxes receivable, and claims to goods or services such as prepaids. See Utah Code 51-5-3
• Fiscal period: means any period at the end of which a governmental unit determines its financial position and the results of its operations. See Utah Code 51-5-3
• 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.
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
• Foreign nonprofit corporation: means an entity:
       (28)(a) incorporated under a law other than the laws of this state; and
       (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
• Function: means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible. See Utah Code 51-5-3
• Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts, composed of financial resources and other assets, all related liabilities and residual equities or balances and changes in those resources, assets, liabilities, and equities that, when recorded, are segregated for the purpose of carrying on specific activities or attaining certain objectives, according to special regulations, restrictions, or limitations. See Utah Code 51-5-3
• GASB: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-5-3
• Governmental entity: means :
       (29)(a)

            (29)(a)(i) the executive branch of the state;

            (29)(a)(ii) the judicial branch of the state;

            (29)(a)(iii) the legislative branch of the state;

            (29)(a)(iv) an independent entity, as defined in Section 63E-1-102;

            (29)(a)(v) a political subdivision of the state;

            (29)(a)(vi) a state institution of higher education, as defined in Section 53B-3-102;

            (29)(a)(vii) an entity within the state system of public education; or

            (29)(a)(viii) the National Guard; or
       (29)(b) any of the following that is established or controlled by a governmental entity listed in Subsection (29)(a) to carry out the public's business:

            (29)(b)(i) an office;

            (29)(b)(ii) a division;

            (29)(b)(iii) an agency;

            (29)(b)(iv) a board;

            (29)(b)(v) a bureau;

            (29)(b)(vi) a committee;

            (29)(b)(vii) a department;

            (29)(b)(viii) an advisory board;

            (29)(b)(ix) an administrative unit; or

            (29)(b)(x) a commission. See Utah Code 16-6a-102
• Governmental fund: includes the following types: General Fund, special revenue funds, debt service funds, capital projects funds, and permanent funds. See Utah Code 51-5-3
• Governmental subdivision: means :
       (30)(a) a county;
       (30)(b) a city;
       (30)(c) a town; or
       (30)(d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
• Grantor: The person who establishes a trust and places property into it.
• 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
• Individual: means :
       (31)(a) a natural person;
       (31)(b) the estate of an incompetent individual; or
       (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
       (1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
       (1)(b)

            (1)(b)(i) limits the use of the real property, groundwater, or surface water;

            (1)(b)(ii) limits activities that may be performed on or at the property; or

            (1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-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
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Mutual benefit corporation: means a nonprofit corporation:
       (36)(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
       (36)(b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or the members' predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
• 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.
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-102
• 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
• Pollution control facility: includes :
            (6)(b)(i) an addition to real property described in Subsection (6)(a);
            (6)(b)(ii) the reconstruction of real property described in Subsection (6)(a); or
            (6)(b)(iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
• Postemployment: means that period of time following:
       (20)(a) the last day worked by an employee as a result of his long-term disability; or
       (20)(b) the date that an employee identifies as the date on which the employee intends to retire or terminate from state employment. See Utah Code 51-5-3
• Postemployment benefits: means benefits earned by employees that will not be paid until postemployment, including unused vacation leave, unused converted sick leave, sick leave payments, and health and life insurance benefits as provided in Section 63A-17-501. See Utah Code 51-5-3
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Principal office: means :
       (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

            (41)(a)(i) an annual report;

            (41)(a)(ii) an application for a certificate of authority; or

            (41)(a)(iii) a notice of change of principal office; or
       (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
• Proceeding: includes :
       (42)(a) a civil suit;
       (42)(b) arbitration;
       (42)(c) mediation;
       (42)(d) a criminal action;
       (42)(e) an administrative action; or
       (42)(f) an investigatory action. See Utah Code 16-6a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Proprietary funds: means those funds or subfunds that show actual financial position and the results of operations, such as actual assets, liabilities, reserves, fund balances, revenues, and expenses. See Utah Code 51-5-3
• 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
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
       (43)(a) by the domestic or foreign nonprofit corporation at:

            (43)(a)(i) its registered office in this state; or

            (43)(a)(ii) its principal office;
       (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
       (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
• Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
• Registered agent: means the registered agent of:
       (45)(a) a domestic nonprofit corporation; or
       (45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
• Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
       (46)(a) articles of incorporation;
       (46)(b) an application for a certificate of authority; or
       (46)(c) a notice of change of registered office. See Utah Code 16-6a-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.
• Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
• Revenue: means the increase in ownership equity during a designated period of time that is recognized as earned. See Utah Code 51-5-3
• Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
       (47)(a) the preparation and maintenance of:

            (47)(a)(i) minutes of the meetings of:

                 (47)(a)(i)(A) the board of directors; or

                 (47)(a)(i)(B) the members; and

            (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
       (47)(b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
• Service of process: The service of writs or summonses to the appropriate party.
• Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
• Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-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
• Statute: A law passed by a legislature.
• Subfund: means a restricted account, established within an independent fund, that has a self-balancing set of accounts to restrict revenues, expenditures, or the fund balance. See Utah Code 51-5-3
• Surplus: means the excess of the assets of a fund over its liabilities and restricted fund equity. See Utah Code 51-5-3
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
• Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of the tribe's status as Indians. See Utah Code 16-6a-102
• Trustee: A person or institution holding and administering property in trust.
• Unappropriated surplus: means that portion of the surplus of a given fund that is not segregated for specific purposes. See Utah Code 51-5-3
• United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102
• Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
• voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
• Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
• Water company: means :
       (58)(a) the same as that term is defined in Subsection 16-4-102(5); or
       (58)(b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-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