Terms Used In Utah Code > Title 17B > Chapter 1 > Part 4 - Annexation

• 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual who is:
       (1)(a) at least 18 years old; or
       (1)(b) an emancipated minor. See Utah Code 75-2a-103
• 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 executive committee: means the executive committee of the Agricultural Advisory Board created by Section 4-2-108. See Utah Code 73-20-2
• Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 34A-5-102
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable area: means :
       (1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or
       (1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
• Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 34A-5-102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• APRN: means an individual who is:
       (4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
       (4)(b) an independent practitioner; and
       (4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
• Award: means a final order of the commission as to the amount of compensation due:
            (1)(b)(i) an injured employee; or
            (1)(b)(ii) a dependent of a deceased employee. See Utah Code 34A-2-102
• Basic livestock: means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes. See Utah Code 73-20-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
       (5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;
       (5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;
       (5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;
       (5)(d) the effect of the treatment on the life expectancy of the individual;
       (5)(e) the prognosis of the individual for recovery with and without the treatment;
       (5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
       (5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103
• Board: means the Board of Water Resources created by Section Utah Code 73-20-2
• Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
• Business entity: means :
       (1)(a) a sole proprietorship;
       (1)(b) a corporation;
       (1)(c) a partnership;
       (1)(d) a limited liability company; or
       (1)(e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002
• Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75-2a-103
• Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2
• Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
• Child: includes :
            (2)(b)(i) a posthumous child; or
            (2)(b)(ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial farm: means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock. See Utah Code 73-20-2
• Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
• Commission: means the Outdoor Adventure Commission. See Utah Code 73-18a-1
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 34A-5-102
• Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decision: includes :
                 (1)(d)(ii)(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
                 (1)(d)(ii)(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default surrogate: means the adult who may make decisions for an individual when either:
       (8)(a) an agent or guardian has not been appointed; or
       (8)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Director: means the director of the division. See Utah Code 34A-5-102
• Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
• Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, Utah Code 34A-5-102
• Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18a-1
• Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
• Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
• Docket: A log containing brief entries of court proceedings.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency medical services provider: means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. See Utah Code 75-2a-103
• Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
• Employer: means :
                 (1)(i)(i)(A) the state;
                 (1)(i)(i)(B) a political subdivision;
                 (1)(i)(i)(C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
                 (1)(i)(i)(D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102
• Employment agency: means a person:
            (1)(j)(i) undertaking to procure employees or opportunities to work for any other person; or
            (1)(j)(ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
• 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.
• Farmer: means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations. See Utah Code 73-20-2
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-5-102
• Fiduciary: A trustee, executor, or administrator.
• First responder: means :
            (1)(b)(i) a first responder as defined in Section 34A-2-102;
            (1)(b)(ii) an individual employed by:

                 (1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;

                 (1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;

                 (1)(b)(ii)(C) a nursing home;

                 (1)(b)(ii)(D) a retirement facility;

                 (1)(b)(ii)(E) a home health care provider;

                 (1)(b)(ii)(F) a pharmacy;

                 (1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or

                 (1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
            (1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or
            (1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201
• 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.
• Franchise: means the same as that term is defined in Utah Code 34A-5-102
• Franchisee: means the same as that term is defined in Utah Code 34A-5-102
• Franchisor: means the same as that term is defined in Utah Code 34A-5-102
• Fraud: Intentional deception resulting in injury to another.
• Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
• Geothermal area: means the general land area which is underlain or reasonably appears to be underlain by geothermal resources. See Utah Code 73-22-3
• Geothermal resource: means :
            (5)(a)(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
            (5)(a)(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. See Utah Code 73-22-3
• Geothermal system: means any strata, pool, reservoir, or other geologic formation containing geothermal resources. See Utah Code 73-22-3
• 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: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
• 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: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (13)(c) the ability to communicate a decision. See Utah Code 75-2a-103
• Health care facility: means :
       (14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (14)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103
• Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Human body waste: means excrement, feces, or other waste material discharged from the human body. See Utah Code 73-18a-1
• Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
• Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
       (24)(a) receive and evaluate information;
       (24)(b) make and communicate decisions; or
       (24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
• Incapacity: means incapacitated. See Utah Code 75-1-201 v2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• 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.
• Labor organization: means an organization that exists for the purpose in whole or in part of:
            (1)(q)(i) collective bargaining;
            (1)(q)(ii) dealing with employers concerning grievances, terms or conditions of employment; or
            (1)(q)(iii) other mutual aid or protection in connection with employment. See Utah Code 34A-5-102
• 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
• 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}
• 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.
• Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75-2a-103
• Lineal descendant: Direct descendant of the same ancestors.
• Litter: means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. See Utah Code 73-18a-1
• Marine toilet: means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. See Utah Code 73-18a-1
• Material medium: means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium. See Utah Code 73-22-3
• Minor: means an individual who:
       (18)(a) is under 18 years old; and
       (18)(b) is not an emancipated minor. See Utah Code 75-2a-103
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Municipality: means a city or town. See Utah Code 17B-1-102
• 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.
• Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
            (7)(c)(i) disability benefits;
            (7)(c)(ii) death benefits; and
            (7)(c)(iii) medical expense benefits, which include:

                 (7)(c)(iii)(A) hospital coverage;

                 (7)(c)(iii)(B) surgical coverage;

                 (7)(c)(iii)(C) prescription drug coverage; and

                 (7)(c)(iii)(D) dental coverage. See Utah Code 34A-2-104
• Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2
• Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
• Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18a-1
• Operator: means any person drilling, maintaining, operating, producing, or in control of any well. See Utah Code 73-22-3
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
• Order for life sustaining treatment: means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-2a-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75-2a-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
• Owner: means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. See Utah Code 73-18a-1
• Owner: means a person who has the right to drill into, produce, and make use of the geothermal resource. See Utah Code 73-22-3
• Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
• 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 :
            (1)(t)(i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
            (1)(t)(ii) the state; and
            (1)(t)(iii) a political subdivision of the state. See Utah Code 34A-5-102
• Person: means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state. See Utah Code 73-22-3
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
• Person: means an individual or an organization. See Utah Code 75-1-201 v2
• 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 injury by accident arising out of and in the course of employment: includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment. See Utah Code 34A-2-102
• Personal watercraft: means a motorboat that is:
       (16)(a) less than 16 feet in length;
       (16)(b) propelled by a water jet pump; and
       (16)(c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
• Physician: means an individual licensed under:
            (1)(c)(i) Title 58, Chapter 67, Utah Medical Practice Act;
            (1)(c)(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
            (1)(c)(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
            (1)(c)(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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.
• Public entity: means :
       (22)(a) the United States or an agency of the United States;
       (22)(b) the state or an agency of the state;
       (22)(c) a political subdivision of the state or an agency of a political subdivision of the state;
       (22)(d) another state or an agency of that state; or
       (22)(e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Reasonably available: means :
       (21)(a) readily able to be contacted without undue effort; and
       (21)(b) willing and able to act in a timely manner considering the urgency of the circumstances. See Utah Code 75-2a-103
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
• Religious leader: means an individual who is associated with, and is an authorized representative of, a religious organization or association or a religious corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual advisor. See Utah Code 34A-5-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Retail: means , with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user. See Utah Code 17B-1-401
• Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2
• Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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.
• Sign: means , with present intent to authenticate or adopt a record other than a will:
       (51)(a) to execute or adopt a tangible symbol; or
       (51)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 75-1-201 v2
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
       (31)(a) this chapter; or
       (31)(b)

            (31)(b)(i) this chapter; and

            (31)(b)(ii)

                 (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;

                 (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;

                 (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;

                 (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;

                 (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;

                 (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;

                 (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;

                 (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;

                 (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;

                 (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;

                 (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or

                 (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:
       (22)(a) specific preferences expressed by the adult:

            (22)(a)(i) when the adult had the capacity to make health care decisions; and

            (22)(a)(ii) at the time the decision is being made;
       (22)(b) the surrogate's understanding of the adult's health care preferences;
       (22)(c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
       (22)(d) to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75-2a-103
• Surrogate: means a health care decision maker who is:
       (23)(a) an appointed agent;
       (23)(b) a default surrogate under the provisions of Section 75-2a-108; or
       (23)(c) a guardian. See Utah Code 75-2a-103
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust: includes :
            (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
            (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
            (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
• Trustee: A person or institution holding and administering property in trust.
• Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
• Unincorporated entity: means an entity organized or doing business in the state that is not:
            (1)(bb)(i) an individual;
            (1)(bb)(ii) a corporation; or
            (1)(bb)(iii) publicly traded. See Utah Code 34A-5-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• 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
• Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201
• Venue: The geographical location in which a case is tried.
• Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2
• Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18a-1
• Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 34A-5-102
• Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002
• Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2
• Waste: means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources. See Utah Code 73-22-3
• Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2
• Waters of this state: means all waters within the territorial limits of this state except those used exclusively for private purposes. See Utah Code 73-18a-1
• Well: means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources. See Utah Code 73-22-3
• Wholesale: means , with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider. See Utah Code 17B-1-401
• 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