§ 16-6a-801 Requirement for board of directors
§ 16-6a-802 Qualifications of directors
§ 16-6a-803 Number of directors
§ 16-6a-804 Election, appointment, and designation of directors
§ 16-6a-805 Terms of directors generally
§ 16-6a-806 Staggered terms for directors
§ 16-6a-807 Resignation of directors
§ 16-6a-808 Removal of directors
§ 16-6a-809 Removal of directors by judicial proceeding
§ 16-6a-810 Vacancy on board
§ 16-6a-811 Compensation of directors
§ 16-6a-812 Meetings
§ 16-6a-813 Action without meeting
§ 16-6a-814 Notice of meeting
§ 16-6a-815 Waiver of notice
§ 16-6a-816 Quorum and voting
§ 16-6a-817 Committees of the board
§ 16-6a-818 Officers
§ 16-6a-819 Duties of officers
§ 16-6a-820 Resignation and removal of officers
§ 16-6a-821 Contract rights with respect to officers
§ 16-6a-822 General standards of conduct for directors and officers
§ 16-6a-823 Limitation of liability of directors
§ 16-6a-824 Liability of directors for unlawful distributions
§ 16-6a-825 Conflicting interest transaction
§ 16-6a-826 Common members, directors, or officers

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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 8 - Directors and Officers

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory board: means the Education Advisory Board created in Section Utah Code 53-22-101
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
  • 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
  • Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Authorized guardian: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
  • Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102
  • Auxiliary officer: means a sworn, certified, and supervised special function officer, as described by Section 53-13-112. See Utah Code 53-13-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
         (2)(a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
         (2)(b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102
  • Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
         (3)(a) is appointed by a bail bond surety; and
         (3)(b) receives or is promised money or other things of value for this service. See Utah Code 53-11-102
  • Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
         (4)(a) presenting a defendant for required court appearances;
         (4)(b) apprehending or surrendering a defendant to a court; or
         (4)(c) keeping the defendant under necessary surveillance. See Utah Code 53-11-102
  • Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
         (5)(a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
         (5)(b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
         (4)(a) an opinion question specifically authorized by the Legislature;
         (4)(b) a constitutional amendment;
         (4)(c) an initiative;
         (4)(d) a referendum;
         (4)(e) a bond proposition;
         (4)(f) a judicial retention question;
         (4)(g) an incorporation of a city or town; or
         (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
  • Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • Bonds: means the bonds authorized to be issued by the board under this chapter, and may consist of bonds, notes, or debt obligations evidencing an obligation to repay borrowed money and payable solely from revenues and other money of the board pledged for repayment. See Utah Code 53B-13-102
  • bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
  • Budget officer: means :
         (2)(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
         (2)(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
         (2)(c) for a town, the town council. See Utah Code 20A-7-101
  • Business reply mail envelope: means an envelope that may be mailed free of charge by the sender. See Utah Code 20A-1-102
  • Bylaws: includes :
              (6)(b)(i) amended bylaws; and
              (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
  • Candidates for elective office: means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office. See Utah Code 20A-9-101
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • 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: means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council. See Utah Code 53-13-101
  • Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • Child: means an individual who:
         (1)(a) is a natural or adopted child of a deceased peace officer or deceased firefighter; and
         (1)(b) was under the age of 25 at the time of the peace officer's or firefighter's death. See Utah Code 53B-8c-102
  • Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. See Utah Code 20A-7-101
  • 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
  • Collateral duty: means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position. See Utah Code 53-13-101
  • Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
  • Continuing political party: means an organization of voters that:
         (1)(a) participated in the last regular general election; and
         (1)(b) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election. See Utah Code 20A-8-101
  • Continuing political party: means the same as that term is defined in Section 20A-8-101. See Utah Code 20A-9-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended. See Utah Code 53-11-102
  • Corporate records: means the records described in Section 16-6a-1601. 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.
  • Correctional facility: means the same as that term is defined in Section 77-16b-102. See Utah Code 53-18-102
  • Cost of attendance: includes costs payable to the institution, other direct educational expenses, transportation, and living expenses while attending the institution. See Utah Code 53B-13a-102
  • Cost of attendance: includes tuition, costs payable to the eligible institution, and other direct educational expenses related to taking an online course. See Utah Code 53B-13c-101
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
  • 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
  • County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
  • County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the county political party, are members of the registered political party. See Utah Code 20A-8-101
  • County security chief: means the individual whom a county sheriff appoints in accordance with Section 53-22-103 to oversee school safety. See Utah Code 53-22-101
  • Crime scene investigator technician: means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents. See Utah Code 53-21-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
  • 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 Public Safety. See Utah Code 53-11-102
  • Department: means the Department of Public Safety. See Utah Code 53B-8c-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Dependent: A person dependent for support upon another.
  • Designated mental health resources liaison: means a non-leadership human resources or other administrative employee designated by a first responder agency who receives and processes a request for mental health resources on behalf of the first responder agency under this chapter. See Utah Code 53-21-101
  • Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-18-102
  • Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-27-101
  • Disposable earnings: means the part of an employee's earnings remaining after the deduction of all amounts required by law to be withheld. See Utah Code 53B-15-101
  • 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 Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101
  • Division: means the Division of Child and Family Services. See Utah Code 53B-8d-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Election Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
  • Election cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
  • Election officer: means :
         (23)(a) the lieutenant governor, for all statewide ballots and elections;
         (23)(b) the county clerk for:
              (23)(b)(i) a county ballot and election; and
              (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
  • Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
  • Electronic candidate qualification process: means :
         (5)(a) as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:
              (5)(a)(i) Section 20A-9-403;
              (5)(a)(ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
              (5)(a)(iii) Section 20A-21-201; and
         (5)(b) as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:
              (5)(b)(i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
              (5)(b)(ii) Section 20A-9-408; and
              (5)(b)(iii) Section 20A-21-201. See Utah Code 20A-9-101
  • Electronic initiative process: means :
         (5)(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
         (5)(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • Electronic referendum process: means :
         (6)(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
         (6)(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
  • Eligible borrower: means a person, or the parent of a person, who is eligible to borrow under regulations applicable to the student loan program. See Utah Code 53B-13-102
  • Eligible institution: means an institution which is approved by the board and the United States Secretary of Education for purposes of the guaranteed loan program. See Utah Code 53B-13-102
  • Eligible institution: means an institution that offers a postsecondary level course of instruction using digital technology. See Utah Code 53B-13c-101
  • Eligible student: means a financially needy student who is:
              (2)(a)(i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at least a half-time basis, as defined by the board, in an eligible postsecondary program leading to a defined education or training objective, as defined by the board;
              (2)(a)(ii) making satisfactory academic progress, as defined by the institution in published policies or rules, toward an education or training objective; and
              (2)(a)(iii)
                   (2)(a)(iii)(A) a resident student under Section 53B-8-102 and rules of the board; or
                   (2)(a)(iii)(B) exempt from paying the nonresident portion of total tuition under Section 53B-8-106. See Utah Code 53B-13a-102
  • Eligible student: means a financially needy student who is:
         (3)(a) at least 26 years old;
         (3)(b) enrolled in an online course at an eligible institution;
         (3)(c) pursuing:
              (3)(c)(i) an online postsecondary degree program in a field where there is a demonstrated industry need; or
              (3)(c)(ii) an online non-degree program that is designed to meet industry needs and leads to a certificate or another recognized educational credential; and
         (3)(d) a resident student under Section 53B-8-102 and rules the board establishes. See Utah Code 53B-13c-101
  • Eligible voter: means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition. See Utah Code 20A-7-101
  • Emergency action: means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare. See Utah Code 53-11-102
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
  • Federal program: means a veterans educational assistance program established in:
         (1)(a) United States Code, Title 10, Chapter 1606, Educational Assistance for Members of the Selected Reserve;
         (1)(b) United States Code, Title 38, Chapter 30, All-Volunteer Force Educational Assistance Program;
         (1)(c) United States Code, Title 38, Chapter 31, Training and Rehabilitation for Veterans with Service-Connected Disabilities;
         (1)(d) United States Code, Title 38, Chapter 32, Post-Vietnam Era Veterans' Educational Assistance; or
         (1)(e) United States Code, Title 38, Chapter 33, Post-9/11 Educational Assistance. See Utah Code 53B-13b-102
  • Fees: means general course fees, in addition to tuition, that are:
              (3)(a)(i) imposed by a state institution of higher education; and
              (3)(a)(ii) required to be paid by a student to engage in a course of study at the state institution of higher education. See Utah Code 53B-8c-102
  • Filing officer: means :
         (7)(a) the lieutenant governor, for:
              (7)(a)(i) the office of United States Senator and United States Representative; and
              (7)(a)(ii) all constitutional offices;
         (7)(b) for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
         (7)(c) the county clerk, for county offices and local school district offices;
         (7)(d) the county clerk in the filer's county of residence, for multicounty offices;
         (7)(e) the city or town clerk, for municipal offices; or
         (7)(f) the special district clerk, for special district offices. See Utah Code 20A-9-101
  • Final fiscal impact statement: means a financial statement prepared after voters approve an initiative that contains the information required by Subsection Utah Code 20A-7-101
  • Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an institution for any period of attendance as defined by the board, after considering the student's expected family contribution. See Utah Code 53B-13a-102
  • Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an eligible institution as defined by the board, after utilizing family and personal resources, federal assistance, and scholarships. See Utah Code 53B-13c-101
  • firefighter: means a member, including volunteer members and members paid on call, of a fire department or other organization that provides fire suppression and other fire-related services, of a political subdivision who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires. See Utah Code 53B-8c-102
  • First responder: means :
         (3)(a) a law enforcement officer, as defined in Section 53-13-103;
         (3)(b) an emergency medical technician, as defined in Section 53-2e-101;
         (3)(c) an advanced emergency medical technician, as defined in Section 53-2e-101;
         (3)(d) a paramedic, as defined in Section 53-2e-101;
         (3)(e) a firefighter, as defined in Section 34A-3-113;
         (3)(f) a dispatcher, as defined in Section 53-6-102;
         (3)(g) a correctional officer, as defined in Section 53-13-104;
         (3)(h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;
         (3)(i) a search and rescue worker under the supervision of a local sheriff;
         (3)(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;
         (3)(k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;
         (3)(l) a crime scene investigator technician;
         (3)(m) a wildland firefighter;
         (3)(n) an investigator or prosecutor of cases involving sexual crimes against children; or
         (3)(o) a civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events. See Utah Code 53-21-101
  • First responder agency: means :
         (4)(a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or
         (4)(b) a certified private law enforcement agency as defined in Section 53-19-102. See Utah Code 53-21-101
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Health care professional: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
  • Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102
  • Immediate family member: means a public safety employee's spouse, child, parent, or grandparent who resides with the public safety employee. See Utah Code 53-18-102
  • independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
  • 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
  • Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section Utah Code 20A-7-101
  • Initial fiscal impact statement: means a financial statement prepared under Section Utah Code 20A-7-101
  • Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
  • Initiative application: means :
         (12)(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
         (12)(b) for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
  • Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • institution: means :
         (8)(a) an institution of higher education listed in Section 53B-1-102; or
         (8)(b) a Utah private, nonprofit postsecondary institution that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13a-102
  • institution: means :
         (2)(a) an institution of higher education listed in Subsection 53B-2-101(1); or
         (2)(b) a private, nonprofit, postsecondary institution located in Utah that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13b-102
  • Institution: means :
         (6)(a) an institution described in Section 53B-1-102; or
         (6)(b) a Utah private, nonprofit postsecondary institution that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13c-101
  • Interactive computer service: means the same as that term is defined in Subsection Utah Code 53-18-102
  • 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
  • Invisible condition: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
  • Invisible condition alert program: means the voluntary disclosure of an invisible condition in accordance with Section 53-27-102 or Subsection 41-1a-213(6), 53-3-207(4), or 53-3-805(5). See Utah Code 53-27-101
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Killed: means that the peace officer's or firefighter's death is the direct and proximate result of a traumatic injury incurred in the line of duty. See Utah Code 53B-8c-102
  • 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
  • Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
  • Law enforcement agency: means an entity or division of:
              (1)(e)(i)
                   (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;
                   (1)(e)(i)(B) a state institution of higher education; or
                   (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
              (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • 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 signatures: means the number of signatures of legal voters that:
         (16)(a) meet the numerical requirements of this chapter; and
         (16)(b) have been obtained, certified, and verified as provided in this chapter. See Utah Code 20A-7-101
  • Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
  • Legally referable to voters: means :
         (18)(a) for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section Utah Code 20A-7-101
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
         (15)(a) the licensee should modify or eliminate certain practices; and
         (15)(b) continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license. See Utah Code 53-11-102
  • 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.
  • Line of duty: means an action that a peace officer or firefighter is obligated or authorized to perform by rule, regulation, condition of employment or service, or law, including a social, ceremonial, or athletic function that the peace officer or firefighter is assigned to or compensated for by the public agency being served. See Utah Code 53B-8c-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Local education agency: means the same as that term is defined in Section 53E-1-102. See Utah Code 53-22-101
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
  • Local law: includes :
              (21)(a)(i) an ordinance;
              (21)(a)(ii) a resolution;
              (21)(a)(iii) a land use law;
              (21)(a)(iv) a land use regulation, as defined in Section 10-9a-103; or
              (21)(a)(v) other legislative action of a local legislative body. See Utah Code 20A-7-101
  • Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
  • Local legislative body: means the legislative body of a county, city, or town. See Utah Code 20A-7-101
  • Local obligation law: means a local law passed by the local legislative body regarding a bond that was approved by a majority of qualified voters in an election. See Utah Code 20A-7-101
  • Local political subdivision: means a county, a municipality, a special district, or a local school district. See Utah Code 20A-1-102
  • Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
  • Local tax law: means a law, passed by a political subdivision with an annual or biannual calendar fiscal year, that increases a tax or imposes a new tax. See Utah Code 20A-7-101
  • Long-term foster care: means an individual who remains in the custody of the division, whether or not the individual resides:
         (2)(a) with licensed foster parents; or
         (2)(b) in independent living arrangements under the supervision of the division. See Utah Code 53B-8d-102
  • Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
  • Manual candidate qualification process: means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs. See Utah Code 20A-9-101
  • Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
  • Manual referendum process: means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
  • Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
  • Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
         (35)(a) is created via electronic or mechanical means; and
         (35)(b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
  • Member: includes :
              (34)(b)(i) "voting member"; and
              (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Mental health resources: includes , at a minimum, the following services:
              (5)(b)(i) regular periodic screenings for all employees within the first responder agency;
              (5)(b)(ii) assessments and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident; and
              (5)(b)(iii) regular and continuing access to the mental health program for:
                   (5)(b)(iii)(A) spouses and children of first responders;
                   (5)(b)(iii)(B) first responders who have retired or separated from the agency; and
                   (5)(b)(iii)(C) spouses of first responders who have retired or separated from the agency. See Utah Code 53-21-101
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 53-21-101
  • Minority leader: See Floor Leaders
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-9-101
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipality: means a city or town. See Utah Code 20A-1-102
  • New voting equipment system: means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced. See Utah Code 20A-5-801
  • Newly registered political party: means a statewide organization of voters that has complied with the petition and organizing procedures of this chapter to become a registered political party. See Utah Code 20A-8-101
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
  • Obligations: means student loan notes and other debt obligations reflecting loans to students which the board may take, acquire, buy, sell, or endorse under this chapter, and may include a direct or indirect interest in the whole or any part of the notes or obligations. See Utah Code 53B-13-102
  • Occupational disease: means a disease that routinely constitutes a special hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's occupation. See Utah Code 53B-8c-102
  • Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 53-11-102
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • Online course: means a postsecondary level course of instruction offered by an eligible institution using digital technology. See Utah Code 53B-13c-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partner award: means a financial award described in Section 53B-13a-106. See Utah Code 53B-13a-102
  • 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.
  • Party related to a director: means :
         (39)(a) the spouse of the director;
         (39)(b) a child of the director;
         (39)(c) a grandchild of the director;
         (39)(d) a sibling of the director;
         (39)(e) a parent of the director;
         (39)(f) the spouse of an individual described in Subsections (39)(b) through (e);
         (39)(g) an individual having the same home as the director;
         (39)(h) a trust or estate of which the director or another individual specified in this Subsection (39) is a substantial beneficiary; or
         (39)(i) any of the following of which the director is a fiduciary:
              (39)(i)(i) a trust;
              (39)(i)(ii) an estate;
              (39)(i)(iii) an incompetent;
              (39)(i)(iv) a conservatee; or
              (39)(i)(v) a minor. See Utah Code 16-6a-102
  • peace officer: means an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 53B-8c-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means an:
         (40)(a) individual; or
         (40)(b) entity. See Utah Code 16-6a-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 information: includes a record or a part of a record that:
              (7)(b)(i) a public safety employee who qualifies as an at-risk government employee under Section 63G-2-303 requests to be classified as private under Subsection 63G-2-302(1)(h); and
              (7)(b)(ii) is classified as private under Title 63G, Chapter 2, Government Records Access and Management Act. See Utah Code 53-18-102
  • Plan: means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter. See Utah Code 53-21-101
  • Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Poll worker: includes election judges. See Utah Code 20A-1-102
  • Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
  • 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 officers: means the president of the Senate and the speaker of the House of Representatives. See Utah Code 20A-7-101
  • Principal duties: means those duties which are the highest and foremost in responsibility. See Utah Code 53-13-101
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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 Utah Promise Program. See Utah Code 53B-13a-102
  • Program: means the Veterans Tuition Gap Program created in this chapter. See Utah Code 53B-13b-102
  • Program: means the Adult Learners Grant Program established in Section 53B-13c-102. See Utah Code 53B-13c-101
  • Promise partner: means an employer that participates in the program described in Section 53B-13a-106. See Utah Code 53B-13a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section Utah Code 20A-1-102
  • Provisional ballot: means a ballot voted provisionally by a person:
         (55)(a) whose name is not listed on the official register at the polling place;
         (55)(b) whose legal right to vote is challenged as provided in this title; or
         (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public employee: means any employee, officer, or servant of the state of Utah, or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state, or of any county, city, town, school district, special improvement or taxing district, or any other political subdivision or public corporation of or within the state. See Utah Code 53B-15-101
  • Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
  • Public institution of higher education: means the same as that term is defined in Section 53B-16-301. See Utah Code 20A-8-101
  • Public safety employee: means :
         (8)(a) a law enforcement officer;
         (8)(b) a dispatcher; or
         (8)(c) a current or retired employee or contractor of:
              (8)(c)(i) a law enforcement agency; or
              (8)(c)(ii) a correctional facility. See Utah Code 53-18-102
  • Public school: means the same as that term is defined in Section Utah Code 53-22-101
  • publicly display: means to intentionally communicate or otherwise make available to the general public. See Utah Code 53-18-102
  • Purple Heart recipient: means any Utah resident who is a military veteran and who has earned a Purple Heart award as a result of military service. See Utah Code 53B-8e-102
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
  • Qualified political party: means a registered political party that:
         (13)(a)
              (13)(a)(i) permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or
              (13)(a)(ii) provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;
         (13)(b) does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;
         (13)(c) permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:
              (13)(c)(i) seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or
              (13)(c)(ii) seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and
         (13)(d)
              (13)(d)(i) if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101
  • Qualifying military veteran: means a veteran, as defined in Section Utah Code 53B-13b-102
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
  • Referendum application: means :
         (30)(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
         (30)(b) for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
  • Referendum packet: means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
  • Referendum petition: means :
         (32)(a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
         (32)(b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
         (32)(c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or
         (32)(d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101
  • Registered political party: means an organization of voters that:
         (5)(a)
              (5)(a)(i) participated in the last regular general election; and
              (5)(a)(ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
         (5)(b) has complied with the petition and organizing procedures of this chapter. See Utah Code 20A-8-101
  • registered political party: means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state. See Utah Code 20A-9-801
  • Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
  • 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.
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • Resolution: when used in relation to the issuance of bonds, means the resolution or trust agreement securing the bonds. See Utah Code 53B-13-102
  • Retired: means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act. See Utah Code 53-21-101
  • Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
         (65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
         (65)(b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
  • Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
  • School: means an elementary school or a secondary school that:
         (5)(a) is a public school; and
         (5)(b) provides instruction for one or more of the grades of kindergarten through grade 12. See Utah Code 53-22-101
  • School is in session: means the same as the term is defined in Section 53E-3-516. See Utah Code 53-22-101
  • School resource officer: means the same as that term is defined in Section 53G-8-701. See Utah Code 53-22-101
  • 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
  • Separated: means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder. See Utah Code 53-21-101
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
  • Small first responder agency: means a first responder agency that:
         (10)(a) has 10 or fewer employees;
         (10)(b) is primarily staffed by volunteers; or
         (10)(c) is located in:
              (10)(c)(i) a county of the third, fourth, fifth, or sixth class;
              (10)(c)(ii) a city of the third, fourth, fifth, or sixth class; or
              (10)(c)(iii) a town. See Utah Code 53-21-101
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • Special local ballot proposition: means a local ballot proposition that is not a standard local ballot proposition. See Utah Code 20A-7-101
  • Spectrum: means that which encompasses the scope of authority. See Utah Code 53-13-101
  • Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
  • Standard local ballot proposition: means a local ballot proposition for an initiative or a referendum. See Utah Code 20A-7-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • state institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 53B-3-102
  • State institution of higher education: means those institutions designated in Section 53B-1-102. See Utah Code 53B-8c-102
  • State institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 53B-8d-102
  • State institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 53B-8e-102
  • State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102
  • State political party: means , for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party. See Utah Code 20A-8-101
  • State security chief: means an individual appointed by the commissioner under Section 53-22-102. See Utah Code 53-22-101
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
  • Statute: A law passed by a legislature.
  • Student: means a person who, under rules promulgated by the board, is enrolled or accepted for enrollment at an eligible institution and who is making suitable progress in his education toward obtaining a degree or other appropriate certification in accordance with standards acceptable to the board. See Utah Code 53B-13-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Sworn: means having taken the oath of office set forth in Utah Constitution Article IV, § 10, administered by the law enforcement agency for whom a peace officer works. See Utah Code 53-13-101
  • Task force: means the School Security Task Force created in Section Utah Code 53-22-101
  • Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101
  • Tax percentage increase: means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. See Utah Code 20A-7-101
  • Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means a list of:
         (73)(a) political parties;
         (73)(b) candidates for an office; or
         (73)(c) ballot propositions. See Utah Code 20A-1-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Traumatic injury: means a wound or the condition of the body caused by external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria, but excluding an occupational disease. See Utah Code 53B-8c-102
  • Trustee: A person or institution holding and administering property in trust.
  • Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-8c-102
  • Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8d-102
  • Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8e-102
  • Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-13c-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unprofessional conduct: means :
         (18)(a) engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
         (18)(b) aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
         (18)(c) gross negligence in the practice of a bail recovery agent;
         (18)(d) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
         (18)(e) making a fraudulent or untrue statement to the board, department, its investigators, or staff. See Utah Code 53-11-102
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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
  • Vacancy: means :
         (75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
         (75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
  • Valid voter identification: means :
         (76)(a) a form of identification that bears the name and photograph of the voter which may include:
              (76)(a)(i) a currently valid Utah driver license;
              (76)(a)(ii) a currently valid identification card that is issued by:
                   (76)(a)(ii)(A) the state; or
                   (76)(a)(ii)(B) a branch, department, or agency of the United States;
              (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;
              (76)(a)(iv) a currently valid United States passport; or
              (76)(a)(v) a currently valid United States military identification card;
         (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:
              (76)(b)(i) a valid tribal identification card;
              (76)(b)(ii) a Bureau of Indian Affairs card; or
              (76)(b)(iii) a tribal treaty card; or
         (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
              (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
              (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;
              (76)(c)(iii) a certified birth certificate;
              (76)(c)(iv) a valid social security card;
              (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;
              (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;
              (76)(c)(vii) a currently valid Utah hunting or fishing license;
              (76)(c)(viii) certified naturalization documentation;
              (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;
              (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;
              (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
              (76)(c)(xii) a currently valid identification card issued by:
                   (76)(c)(xii)(A) a local government within the state;
                   (76)(c)(xii)(B) an employer for an employee; or
                   (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or
              (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
  • Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
  • Veteran: means an individual who:
              (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
                   (44)(a)(i)(A) on active duty; or
                   (44)(a)(i)(B) in a reserve component, to include the National Guard; or
              (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
              (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Volunteer: means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. See Utah Code 53-13-101
  • Vote: includes authorization by:
         (55)(a) written ballot; and
         (55)(b) written consent. See Utah Code 16-6a-102
  • Voter: means an individual who:
         (79)(a) meets the requirements for voting in an election;
         (79)(b) meets the requirements of election registration;
         (79)(c) is registered to vote; and
         (79)(d) is listed in the official register book. See Utah Code 20A-1-102
  • Voting booth: means :
         (82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
         (82)(b) a voting device that is free standing. See Utah Code 20A-1-102
  • Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
  • Voting equipment: means the following equipment used for an election:
         (2)(a) automatic tabulating equipment;
         (2)(b) a voting device; or
         (2)(c) a voting machine. See Utah Code 20A-5-801
  • 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 precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
  • Ward of the state: means an individual:
         (5)(a) who is:
              (5)(a)(i) at least 17 years old; and
              (5)(a)(ii) not older than 26 years old;
         (5)(b) who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409, of long-term foster care while in the custody of the division; and
         (5)(c) for whom the custody of the division was not terminated as a result of adoption. See Utah Code 53B-8d-102
  • Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
  • While on duty: means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency. See Utah Code 53-13-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of:
         (47)(a) the state;
         (47)(b) a court; or
         (47)(c) a judicial officer. See Utah Code 68-3-12.5
  • Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
  • 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