Terms Used In Utah Code > Title 17 > Chapter 36 - Uniform Fiscal Procedures Act for Counties

• Account: means the Consumer Privacy Restricted Account established in Section 13-61-403. See Utah Code 13-61-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affiliate: means an entity that:
       (2)(a) controls, is controlled by, or is under common control with another entity; or
       (2)(b) shares common branding with another entity. See Utah Code 13-61-101
• Aggregated data: means information that relates to a group or category of consumers:
       (3)(a) from which individual consumer identities have been removed; and
       (3)(b) that is not linked or reasonably linkable to any consumer. See Utah Code 13-61-101
• Agreement: means an agreement between:
       (1)(a) a motorboat dealer; and
       (1)(b)

            (1)(b)(i) a manufacturer; or

            (1)(b)(ii) a distributor. See Utah Code 13-58-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biological sample: means any human material known to contain DNA, including tissue, blood, urine, or saliva. See Utah Code 13-60-102
• Biometric data: includes data described in Subsection (6)(a) that are generated by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual. See Utah Code 13-61-101
• Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
• Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
• Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
• Child: means an individual younger than 13 years old. See Utah Code 13-61-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• company: means an entity that:
       (4)(a) offers consumer genetic testing products or services directly to consumers; or
       (4)(b) collects, uses, or analyzes genetic data that a consumer provides to the entity. See Utah Code 13-60-102
• Consumer: means an individual who is a resident of the state acting in an individual or household context. See Utah Code 13-61-101
• Consumer: means an individual who is a resident of the state. See Utah Code 13-60-102
• Contract: A legal written agreement that becomes binding when signed.
• Controller: means a person doing business in the state who determines the purposes for which and the means by which personal data are processed, regardless of whether the person makes the determination alone or with others. See Utah Code 13-61-101
• 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 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 general fund: means the general fund used by a county. See Utah Code 17-36-3
• 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
• Countywide service: means a service provided in both incorporated and unincorporated areas of a county. See Utah Code 17-36-3
• Current period: means the fiscal period in which a budget is prepared and adopted. See Utah Code 17-36-3
• Customer: means a person who, for primarily personal, family, or household purposes:
       (1)(a) purchases a residential solar energy system under a system purchase agreement;
       (1)(b) leases a residential solar energy system under a system lease agreement; or
       (1)(c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deidentified data: includes synthetic data. See Utah Code 13-61-101
• Deidentified data: means data that:
       (3)(a) cannot reasonably be linked to an identifiable individual; and
       (3)(b) possessed by a company that:

            (3)(b)(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;

            (3)(b)(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and

            (3)(b)(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. See Utah Code 13-60-102
• Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-61-101
• Distributor: means a person who:
       (2)(a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
       (2)(b) in whole or in part sells or distributes motorboats to motorboat dealers. See Utah Code 13-58-102
• Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
• Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
• Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-61-101
• DNA: means deoxyribonucleic acid. See Utah Code 13-60-102
• DNA: means :
       (2)(a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or
       (2)(b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure. See Utah Code 13-60-203
• Employer: means the same as that term is defined in Section 34A-2-103. See Utah Code 13-60-203
• Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
• Enrollee: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Express consent: means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. See Utah Code 13-60-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Finance officer: means :
       (13)(a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
       (13)(b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
• Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
• Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
• General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
• Genetic data: includes :
            (7)(b)(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
            (7)(b)(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
            (7)(b)(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:

                 (7)(b)(iii)(A) uses for scientific research or product development; and

                 (7)(b)(iii)(B) analyzes in connection with the consumer's raw sequence data. See Utah Code 13-60-102
• Genetic procedure: means any therapy, treatment, or medical procedure that is intended to:
       (6)(a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
       (6)(b) replace, supersede, or bypass a normal DNA function. See Utah Code 13-60-203
• genetic test: means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 13-60-203
• Genetic testing: means :
       (8)(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
       (8)(b) an interpretation of a consumer's genetic data. See Utah Code 13-60-102
• Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 13-61-101
• Health benefit plan: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
• Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 13-61-101
• Health care insurance: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-60-203
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102
• Health care provider: means a person licensed to provide health care under:
       (3)(a) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; or
       (3)(b) Title 58, Occupations and Professions. See Utah Code 13-59-102
• Identifiable individual: means an individual who can be readily identified, directly or indirectly. See Utah Code 13-61-101
• Individual: means a person who:
       (5)(a) resides in this state; and
       (5)(b) has or may have a pending legal action in this state. See Utah Code 13-57-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution of higher education: means a public or private institution of higher education. See Utah Code 13-61-101
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17-36-3
• 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.
• Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
• 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 funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102
• Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
• Man: means an adult human male. See Utah Code 68-3-12.5
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade. See Utah Code 13-58-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 13-58-102
• Motorboat dealer: means a person who:
       (5)(a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and
       (5)(b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats. See Utah Code 13-58-102
• Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (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 data: means information that is linked or reasonably linkable to an identified individual or an identifiable individual. See Utah Code 13-61-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power purchase agreement: means an agreement:
       (3)(a) between a customer and a solar retailer;
       (3)(b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
       (3)(c) that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
• 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.
• Private genetic information: means any information about an identifiable individual that:
            (8)(a)(i) is derived from:

                 (8)(a)(i)(A) the presence, absence, alteration, or mutation of an inherited gene or genes; or

                 (8)(a)(i)(B) the presence or absence of a specific DNA marker or markers; and
            (8)(a)(ii) has been obtained:

                 (8)(a)(ii)(A) from a genetic test or analysis of the individual's DNA;

                 (8)(a)(ii)(B) from a genetic test or analysis of the DNA of a blood relative of the individual; or

                 (8)(a)(ii)(C) from a genetic procedure. See Utah Code 13-60-203
• Process: means an operation or set of operations performed on personal data, including collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Utah Code 13-61-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Processor: means a person who processes personal data on behalf of a controller. See Utah Code 13-61-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Publicly available information: means information that a person:
       (29)(a) lawfully obtains from a record of a governmental entity;
       (29)(b) reasonably believes a consumer or widely distributed media has lawfully made available to the general public; or
       (29)(c) if the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information. See Utah Code 13-61-101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
• Right: means a consumer right described in Section 13-61-201. See Utah Code 13-61-101
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
• Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
• Solar retailer: means a person who:
       (7)(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
       (7)(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
       (7)(c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
• Special fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3
• Specific geolocation data: means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less. See Utah Code 13-61-101
• 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
• Statute: A law passed by a legislature.
• Synthetic data: means data that has been generated by computer algorithms or statistical models and does not contain personal data. See Utah Code 13-61-101
• System lease agreement: means an agreement:
       (8)(a) under which a customer leases a residential solar energy system from a solar retailer; and
       (8)(b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102
• System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
• Third party: means a person other than:
       (36)(a) the consumer, controller, or processor; or
       (36)(b) an affiliate or contractor of the controller or the processor. See Utah Code 13-61-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• 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