Terms Used In Utah Code > Title 17 > Chapter 18a > Part 7 - Prosecution District

• Accident and health insurance: means insurance to provide protection against economic losses resulting from:
            (1)(a)(i) a medical condition including:

                 (1)(a)(i)(A) a medical care expense; or

                 (1)(a)(i)(B) the risk of disability;
            (1)(a)(ii) accident; or
            (1)(a)(iii) sickness. See Utah Code 31A-1-301
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Affiliated business: means the gross transaction revenue of a title entity's title insurance business in the state that is the result of an affiliated business arrangement. See Utah Code 31A-23a-1001
• Affiliated business arrangement: means the same as that term is defined in Utah Code 31A-23a-1001
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicable percentage: means :
       (3)(a) on February 1, 2020, through January 31, 2021, 0. See Utah Code 31A-23a-1001
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• 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
• Associate: means the same as that term is defined in Utah Code 31A-23a-1001
• center: means the Center for International Business and Diplomacy created in Section 63N-19-103. See Utah Code 63N-19-101
• Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consultant: means a person who:
       (99)(a) advises another person about insurance needs and coverages;
       (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
       (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deadline: means a final date or time:
       (44)(a) imposed by:

            (44)(a)(i) statute;

            (44)(a)(ii) rule; or

            (44)(a)(iii) order; and
       (44)(b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Digital media company: means a company engaged in the production of a digital media project. See Utah Code 63N-8-102
• Digital media project: means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution. See Utah Code 63N-8-102
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001
• Dollars left in the state: means expenditures made in the state for a state-approved production, including:
       (3)(a) an expenditure that is subject to:

            (3)(a)(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise and Income Taxes;

            (3)(a)(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;

            (3)(a)(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, notwithstanding any sales and use tax exemption allowed by law; or

            (3)(a)(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
       (3)(b) payments made to a nonresident only to the extent of the income tax paid to the state on the payments, the amount of per diems paid in the state, and other direct reimbursements transacted in the state; and
       (3)(c) payments made to a payroll company or loan-out corporation that is registered to do business in the state, only to the extent of the amount of withholding under Section 59-10-402. See Utah Code 63N-8-102
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Employee benefits: means one or more benefits or services provided to:
       (58)(a) an employee; or
       (58)(b) a dependent of an employee. See Utah Code 31A-1-301
• 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.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• 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.
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• health insurance: means insurance providing:
            (84)(a)(i) a health care benefit; or
            (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
• Individual: means a natural person. See Utah Code 31A-1-301
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
       (4)(a) a risk retention group as defined in:

            (4)(a)(i) the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-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.
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan-out corporation: means a corporation owned by one or more artists that provides services of the artists to a third party production company. See Utah Code 63N-8-102
• Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motion picture company: means a company engaged in the production of:
       (5)(a) motion pictures;
       (5)(b) television series; or
       (5)(c) made-for-television movies. See Utah Code 63N-8-102
• Motion picture incentive: means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section Utah Code 63N-8-102
• New or newly affiliated title entity: means a title entity that:
       (7)(a) is licensed as a title entity for the first time on or after May 14, 2019; or
       (7)(b)

            (7)(b)(i) is licensed as a title entity before May 14, 2019; and

            (7)(b)(ii) enters into an affiliated business arrangement for the first time on or after May 14, 2019. See Utah Code 31A-23a-1001
• New state revenue: means :
       (7)(a) incremental new state sales and use tax revenue generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;
       (7)(b) incremental new state tax revenue that a digital media company pays as a result of a digital media project under:

            (7)(b)(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;

            (7)(b)(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;

            (7)(b)(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;

            (7)(b)(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or

            (7)(b)(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
       (7)(c) incremental new state revenue generated as individual income taxes under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or
       (7)(d) a combination of Subsections (7)(a), (b), and (c). See Utah Code 63N-8-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Payroll company: means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production. See Utah Code 63N-8-102
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Personally identifiable information: is a s defined in Utah Code 31A-23b-102
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Producer: means the same as the term "person who is in a position to refer settlement service business" is defined in Utah Code 31A-23a-1001
• Public programs: means the state Medicaid program in Title 26B, Chapter 3, Health Care - Administration and Assistance, and Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program. See Utah Code 31A-23b-102
• Refundable tax credit: means a refundable motion picture tax credit authorized under Section 63N-8-103 and claimed under Section Utah Code 63N-8-102
• Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
• RESPA: means the federal Real Estate Settlement Procedures Act, Utah Code 31A-23a-1001
• Restricted account: means the Motion Picture Incentive Account created in Section 63N-8-103. See Utah Code 63N-8-102
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Solicit: means the same as that term is defined in Section 31A-23a-102. See Utah Code 31A-23b-102
• 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 revenue: means state tax liability paid by a business entity or a business entity's employees under any combination of the following provisions:
       (12)(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
       (12)(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;
       (12)(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
       (12)(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
       (12)(e) Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 63N-1a-102
• State-approved production: means a production under Subsections (2) and (5) that is:
       (12)(a) approved by the office and ratified by the Board of Tourism Development created in Section 63N-7-201; and
       (12)(b) produced in the state by a motion picture company. See Utah Code 63N-8-102
• Subpoena: A command to a witness to appear and give testimony.
• Sufficient capital and net worth: means :
       (11)(a) for a new or newly affiliated title entity:

            (11)(a)(i) $100,000 for the first five years after becoming a new or newly affiliated title entity; or

            (11)(a)(ii) after the first five years after becoming a new or newly affiliated title entity, the greater of:

                 (11)(a)(ii)(A) $50,000; or

                 (11)(a)(ii)(B) on February 1 of each year, an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000; or
       (11)(b) for a title entity licensed before May 14, 2019, who is not a new or newly affiliated title entity:

            (11)(b)(i) for the time period beginning on February 1, 2020, and ending on January 31, 2029, the lesser of:

                 (11)(b)(i)(A) an amount equal to the applicable percentage of the title entity's average annual gross revenue over the two calendar years immediately preceding the February 1 on which the applicable percentage first applies; or

                 (11)(b)(i)(B) $150,000; and

            (11)(b)(ii) beginning on February 1, 2029, the greater of:

                 (11)(b)(ii)(A) $50,000; or

                 (11)(b)(ii)(B) an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000. See Utah Code 31A-23a-1001
• Tax credit certificate: means a certificate issued by the office that:
       (14)(a) lists the name of the applicant;
       (14)(b) lists the applicant's taxpayer identification number;
       (14)(c) lists the amount of tax credit that the office awards the applicant for the taxable year; and
       (14)(d) may include other information as determined by the office. See Utah Code 63N-8-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title entity: means :
       (12)(a) a title licensee as defined in Section 31A-2-402; or
       (12)(b) a title insurer as defined in Section 31A-23a-415. See Utah Code 31A-23a-1001
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301