Terms Used In Utah Code > Title 17C > Chapter 1 - Agency Operations

• Accuser: means an individual who:
       (1)(a) signs and swears to charges;
       (1)(b) directs that charges nominally be signed and sworn to by another; or
       (1)(c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjusted tax increment: means the percentage of tax increment, if less than 100%, that an agency is authorized to receive:
       (2)(a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax increment under Subsection 17C-1-403(3);
       (2)(b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax increment under Section 17C-1-406;
       (2)(c) under a project area budget approved by a taxing entity committee; or
       (2)(d) under an interlocal agreement that authorizes the agency to receive a taxing entity's tax increment. See Utah Code 17C-1-102
• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
       (1)(a) discharge the person;
       (1)(b) threaten the person;
       (1)(c) coerce the person;
       (1)(d) intimidate the person; or
       (1)(e) discriminate against the person, including to discriminate in:

            (1)(e)(i) compensation;

            (1)(e)(ii) terms;

            (1)(e)(iii) conditions;

            (1)(e)(iv) location;

            (1)(e)(v) rights;

            (1)(e)(vi) immunities;

            (1)(e)(vii) promotions; or

            (1)(e)(viii) privileges. See Utah Code 40-2-102
• 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.
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Affordable housing: means housing owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
• Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
       (5)(a) project area funds;
       (5)(b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
       (5)(c) a contribution, loan, grant, or other financial assistance from any public or private source;
       (5)(d) project area incremental revenue as defined in Section 17C-1-1001; or
       (5)(e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
• Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
• Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3
• Airport: means the same as that term is defined in Section 72-10-102. See Utah Code 77-23d-102
• 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.
• Annual income: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, Utah Code 17C-1-102
• Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
• 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.
• Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
• Appraisal: A determination of property value.
• Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
• Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102
• 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.
• Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3
• Authorized integrator: means a third party with whom a franchisee enters into a contract to perform a specific function for a franchisee that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function. See Utah Code 13-73-101
• Authorized property: means :
       (2)(a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility;
       (2)(b) critical infrastructure if owned or operated by a government entity;
       (2)(c) an elementary or secondary public or charter school;
       (2)(d) a courthouse; or
       (2)(e) an airport. See Utah Code 77-23d-102
• Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
• Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
       (9)(a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
       (9)(b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:

            (9)(b)(i) before the date on which the taxing entity committee approves the project area budget; or

            (9)(b)(ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
       (9)(c) for a project on an inactive airport site, after the later of:

            (9)(c)(i) the date on which the inactive airport site is sold for remediation and development; or

            (9)(c)(ii) the date on which the airport that operated on the inactive airport site ceased operations; or
       (9)(d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
• Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102
• Bequest: Property gifted by will.
• Biometric surveillance information: means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. See Utah Code 77-23d-102
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
• Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
• Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
• Cell site: means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network. See Utah Code 77-23f-101
• Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Closed military base: means land within a former military base that the Defense Base Closure and Realignment Commission has voted to close or realign when that action has been sustained by the president of the United States and Congress. See Utah Code 17C-1-102
• Coal mine: means :
       (2)(a) the following used in extracting coal from its natural deposits in the earth by any means or method:

            (2)(a)(i) the land;

            (2)(a)(ii) a structure;

            (2)(a)(iii) a facility;

            (2)(a)(iv) machinery;

            (2)(a)(v) a tool;

            (2)(a)(vi) equipment;

            (2)(a)(vii) a shaft;

            (2)(a)(viii) a slope;

            (2)(a)(ix) a tunnel;

            (2)(a)(x) an excavation; and

            (2)(a)(xi) other property; and
       (2)(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
• Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
• Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
• Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3
• Community: means a county or municipality. See Utah Code 17C-1-102
• Community development project area plan: means a project area plan adopted under Chapter 4, Part 1, Community Development Project Area Plan. See Utah Code 17C-1-102
• Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
• community reinvestment agency: means a separate body corporate and politic, created under Section Utah Code 17C-1-102
• Community reinvestment project area plan: means a project area plan adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan. See Utah Code 17C-1-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Condensate: means hydrocarbons, regardless of gravity, that:
       (3)(a) occur naturally in the gaseous phase in the reservoir; and
       (3)(b) are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 40-6-2
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Consenting owner: means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. See Utah Code 40-6-2
• Consumer: includes a representative of an association subject to:
            (3)(b)(i) Title 57, Chapter 8, Condominium Ownership Act; or
            (3)(b)(ii) Title 57, Chapter 8a, Community Association Act. See Utah Code 15-10-102
• Consumer data: means non-public personal information defined in Utah Code 13-73-101
• Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3
• Contest: means to file a written complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and in a county in which the agency is located if the action is filed in the district court. See Utah Code 17C-1-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
• 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.
• Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
• Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
• 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
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Criminal risk factors: means a person's characteristics and behaviors that:
       (7)(a) affect that person's risk of engaging in criminal behavior; and
       (7)(b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
• Critical infrastructure: means the same as that term is defined in Section Utah Code 77-23d-102
• Cross examine: Questioning of a witness by the attorney for the other side.
• Crude oil: means hydrocarbons, regardless of gravity, that:
       (5)(a) are produced at the wellhead in liquid form; and
       (5)(b)

            (5)(b)(i) occur naturally in the liquid phase in the reservoir; or

            (5)(b)(ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Cyber ransom: means to encrypt, restrict, or prohibit, or to threaten or attempt to encrypt, restrict, or prohibit a franchisee's or a franchisee's authorized integrator's access to protected dealer data or other dealer data to obtain payment not agreed to by the franchisee or the franchisee's authorized integrator in a written contract for services or goods. See Utah Code 13-73-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer data system: means a software, hardware, or firmware system that is owned, leased, or licensed by a franchisee, that includes a system of web-based applications, computer software, or computer hardware, whether located at the franchisee's dealership or hosted remotely, and that stores or provides access to protected dealer data. See Utah Code 13-73-101
• Dealer data vendor: means a third party dealer management system provider, consumer relationship management system provider, or third party vendor providing similar services that store protected dealer data pursuant to a contract with the franchisee. See Utah Code 13-73-101
• Dealership: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
• Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102
• Department: means the Department of Corrections. See Utah Code 77-27-1
• Dependent: A person dependent for support upon another.
• Dependent: means the spouse and children of a service member or any other individual dependent upon the service member for support. See Utah Code 39A-6-101
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
• Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
       (21)(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or
       (21)(b) community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102
• Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
• Devise: To gift property by will.
• Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
• 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 Oil, Gas, and Mining. See Utah Code 40-6-2
• Economic development project: means project area development for the purpose of:
       (4)(a) creating, developing, attracting, and retaining business;
       (4)(b) creating or preserving jobs;
       (4)(c) stimulating business and economic activity; or
       (4)(d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001
• Economic development project area plan: means a project area plan adopted under Chapter 3, Part 1, Economic Development Project Area Plan. See Utah Code 17C-1-102
• Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
       (5)(a) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;
       (5)(b) any wire or oral communications;
       (5)(c) any communication made through a tone-only paging device; or
       (5)(d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
• Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
• Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
• Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3
• Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
• Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
• Electronic storage: means :
       (9)(a) any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and
       (9)(b) any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3
• Eligible taxing entity: means a taxing entity that:
       (5)(a) is a municipality, a county, or a school district; and
       (5)(b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001
• Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
• 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}
• 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 session: A portion of the Senate's daily session in which it considers executive business.
• Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facial biometric data: means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. See Utah Code 77-23e-102
• Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102
• Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-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.
• Fair share ratio: means the ratio derived by:
       (24)(a) for a municipality, comparing the percentage of all housing units within the municipality that are publicly subsidized income targeted housing units to the percentage of all housing units within the county in which the municipality is located that are publicly subsidized income targeted housing units; or
       (24)(b) for the unincorporated part of a county, comparing the percentage of all housing units within the unincorporated county that are publicly subsidized income targeted housing units to the percentage of all housing units within the whole county that are publicly subsidized income targeted housing units. See Utah Code 17C-1-102
• Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
• Family: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, Utah Code 17C-1-102
• Fee: means payment for access to protected dealer data which is in addition to charges written in an executed contract for goods or services. See Utah Code 13-73-101
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Franchisee: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Franchisor: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Fraud: Intentional deception resulting in injury to another.
• full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
• Geofence: means a specified geographic area defined by a virtual perimeter or geographic coordinates. See Utah Code 77-23f-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government entity: includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
• Government entity: includes :
            (5)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or
            (5)(b)(ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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
• Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102
• Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
• Housing fund: means a fund created by an agency for purposes described in Section 17C-1-411 or 17C-1-412 that is comprised of:
       (29)(a) project area funds, project area incremental revenue as defined in Section 17C-1-1001, or property tax revenue as defined in Section 17C-1-1001 allocated for the purposes described in Section 17C-1-411; or
       (29)(b) an agency's housing allocation. See Utah Code 17C-1-102
• Identifying information: means information tied to an electronic device that identifies the user's or owner's:
       (6)(a) name;
       (6)(b) address;
       (6)(c) phone number;
       (6)(d) email; or
       (6)(e) other identifying information that would identify the owner or user of the electronic device. See Utah Code 77-23f-101
• illegal gas: means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the board. See Utah Code 40-6-2
• Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102
• Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
       (6)(a) describes how the agency uses property tax revenue; and
       (6)(b) guides and controls agency-wide project development. See Utah Code 17C-1-1001
• Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
• Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
• Income targeted housing: means housing that is:
       (32)(a) owned and occupied by a family whose annual income is at or below 120% of the median annual income for a family within the county in which the housing is located; or
       (32)(b) occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102
• Incremental value: means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. See Utah Code 17C-1-102
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3
• Interest: includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability. See Utah Code 39A-6-101
• Intestate: Dying without leaving a will.
• Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-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.
• Juror: A person who is on the jury.
• 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
• Law enforcement agency: means :
       (4)(a) an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
       (4)(b) an individual or entity acting for or on behalf of an entity described in Subsection (4)(a). See Utah Code 77-23c-101.2
• Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102
• Law enforcement agency: means the same as that term is defined in Section Utah Code 77-23f-101
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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 officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan fund board: means the Olene Walker Housing Loan Fund Board, established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund. See Utah Code 17C-1-102
• Local government building: means a building owned and operated by a community for the primary purpose of providing one or more primary community functions, including:
            (35)(a)(i) a fire station;
            (35)(a)(ii) a police station;
            (35)(a)(iii) a city hall; or
            (35)(a)(iv) a court or other judicial building. See Utah Code 17C-1-102
• Location information: includes past, current, and future location information. See Utah Code 77-23c-101.2
• Location information: means the same as that term is defined in Section Utah Code 77-23f-101
• Major coal mine accident: means any of the following at a coal mine located in Utah:
       (7)(a) a mine explosion;
       (7)(b) a mine fire;
       (7)(c) the flooding of a mine;
       (7)(d) a mine collapse; or
       (7)(e) the accidental death of an individual at a mine. See Utah Code 40-2-102
• Major transit investment corridor: means the same as that term is defined in Section 10-9a-103. See Utah Code 17C-1-102
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Manufacturer: means a manufacturer of new motor vehicles. See Utah Code 13-73-101
• Marginal value: means the difference between actual taxable value and base taxable value. See Utah Code 17C-1-102
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
• Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
• 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.
• Municipality: means a cityor town. See Utah Code 17C-1-102
• National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• Natural gas: includes coalbed methane gas. See Utah Code 40-6-2
• Natural gas liquids: means hydrocarbons, regardless of gravity, that are separated from natural gas as liquids in gas processing plants through the process of condensation, absorption, adsorption, or other methods. See Utah Code 40-6-2
• 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.
• Nonconsenting owner: means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a well or agree to bear the owner's proportionate share of the costs. See Utah Code 40-6-2
• 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.
• Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Oil and gas operations: means to explore for, develop, or produce oil and gas. See Utah Code 40-6-2
• Oil and gas proceeds: includes a royalty interest, overriding royalty interest, production payment interest, or working interest. See Utah Code 40-6-2
• Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
• Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3
• Oral communication: means the same as that term is defined in Section 77-23a-3. See Utah Code 77-23c-101.2
• Other gas: includes hydrogen sulfide, carbon dioxide, helium, and nitrogen. See Utah Code 40-6-2
• Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
• Owner: means a person who has the right:
       (18)(a) to drill into and produce from a reservoir; and
       (18)(b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
• Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
• Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
• Pardon: means :
       (16)(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;
       (16)(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and
       (16)(c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1
• Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
• Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
• Participation agreement: means a written agreement between a person and an agency under Subsection 17C-1-202(5). See Utah Code 17C-1-102
• 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.
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
• Person: means the same as that term is defined in Section Utah Code 40-6-2
• Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
• 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 property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
• 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.
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both. See Utah Code 40-6-2
• Pooling: means the bringing together of separately owned interests for the common development and operation of a drilling unit. See Utah Code 40-6-2
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Prior express written consent: means a franchisee's express written consent to protected dealer data sharing that:
       (13)(a) is in a document separate from any other:

            (13)(a)(i) consent;

            (13)(a)(ii) contract;

            (13)(a)(iii) franchise agreement; or

            (13)(a)(iv) writing;
       (13)(b) identifies all parties with whom the protected dealer data may be shared; and
       (13)(c) contains:

            (13)(c)(i) all details that the franchisee requires relating to the scope and nature of the protected dealer data to be shared, including the data fields and the duration for which the sharing is authorized; and

            (13)(c)(ii) all provisions and restrictions that are required under federal law to allow sharing the protected dealer data. See Utah Code 13-73-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Producer: means the owner or operator of a well capable of producing oil and gas. See Utah Code 40-6-2
• Product: means any commodity made from oil and gas. See Utah Code 40-6-2
• Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
• Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
       (47)(a) for an urban renewal project area, Section 17C-2-201;
       (47)(b) for an economic development project area, Section 17C-3-201;
       (47)(c) for a community development project area, Section 17C-4-204; or
       (47)(d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
• Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
       (48)(a) promoting, creating, or retaining public or private jobs within the state or a community;
       (48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
       (48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
       (48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
       (48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
       (48)(f) providing open space, including streets or other public grounds or space around buildings;
       (48)(g) providing public or private buildings, infrastructure, structures, or improvements;
       (48)(h) relocating a business;
       (48)(i) improving public or private recreation areas or other public grounds;
       (48)(j) eliminating a development impediment or the causes of a development impediment;
       (48)(k) redevelopment as defined under the law in effect before May 1, 2006; or
       (48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
• Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
• Project area funds collection period: means the period of time that:
       (50)(a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
       (50)(b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
• Project area incremental revenue: means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends. See Utah Code 17C-1-1001
• Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
• Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected dealer data: means :
            (14)(a)(i) consumer data that:

                 (14)(a)(i)(A)

                      (14)(a)(i)(A)(I) a consumer provides to a franchisee; or

                      (14)(a)(i)(A)(II) a franchisee otherwise obtains; and

                 (14)(a)(i)(B) is stored in the franchisee's dealer data system;
            (14)(a)(ii) other data that relates to a franchisee's daily business operations and is stored in the franchisee's dealer data system; and
            (14)(a)(iii) motor vehicle diagnostic data. See Utah Code 13-73-101
• Public entity: means :
       (53)(a) the United States, including an agency of the United States;
       (53)(b) the state, including any of the state's departments or agencies; or
       (53)(c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
• Public safety threat: means a documented reasonable articulable suspicion of:
       (7)(a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or
       (7)(b) a threat by a specific individual to commit an offense under Section 76-5-107, Threat of violence. See Utah Code 77-23d-102
• Publicly owned infrastructure and improvements: means water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or other facilities, infrastructure, and improvements benefitting the public and to be publicly owned or publicly maintained or operated. See Utah Code 17C-1-102
• Quorum: The number of legislators that must be present to do business.
• Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
• Readily accessible to the general public: means , regarding a radio communication, that the communication is not:
       (16)(a) scrambled or encrypted;
       (16)(b) transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication;
       (16)(c) carried on a subcarrier or signal subsidiary to a radio transmission;
       (16)(d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
       (16)(e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-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.
• remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
• Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Required manufacturer data: means data that:
            (15)(a)(i) a manufacturer is required to obtain under federal or state law;
            (15)(a)(ii) is required to complete or verify a transaction between the franchisee and the manufacturer;
            (15)(a)(iii) is motor vehicle diagnostic data; or
            (15)(a)(iv) is reasonably necessary for:

                 (15)(a)(iv)(A) a safety notice, recall notice, manufacturer field action, or other legal notice obligation relating to the repair, service, and update of a motor vehicle;

                 (15)(a)(iv)(B) the sale and delivery of a new motor vehicle or certified used motor vehicle to a consumer, including necessary data for the vehicle manufacturer to activate services purchased by the consumer;

                 (15)(a)(iv)(C) the validation and payment of consumer or franchisee incentives;

                 (15)(a)(iv)(D) claims for franchisee-supplied services relating to warranty parts or repairs;

                 (15)(a)(iv)(E) the evaluation of franchisee performance, including the evaluation of the franchisee's monthly financial statements and sales or service, consumer satisfaction with the franchisee through direct consumer contact, or consumer surveys;

                 (15)(a)(iv)(F) franchisee and market analytics;

                 (15)(a)(iv)(G) the identification of the franchisee that sold or leased a specific motor vehicle and the date of the transaction;

                 (15)(a)(iv)(H) marketing purposes designed for the benefit of franchisees, or to direct leads to the franchisee providing the dealer protected data to the franchisor;

                 (15)(a)(iv)(I) the development, evaluation, or improvement of the manufacturer's products or services; or

                 (15)(a)(iv)(J) the daily operational interactions of the franchisee with the manufacturer or other franchisees through applications hosted on the manufacturer's dealer electronic communications system. See Utah Code 13-73-101
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
• Reverse-location information: means historical location information for:
       (9)(a) a defined time period;
       (9)(b) a defined or undefined area; and
       (9)(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Sales and use tax revenue: means revenue that is:
       (56)(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
       (56)(b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
• Seller: means a person providing service, maintenance, or repair under a service contract. See Utah Code 15-10-102
• Service contract: means a contract for service, maintenance, or repair:
            (5)(a)(i) in connection with real property; or
            (5)(a)(ii) that provides a benefit to the real property. See Utah Code 15-10-102
• Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means a person that processes protected dealer data on behalf of a franchisee and that receives, from or on behalf of the franchisee, consumer protected dealer data for a business purpose pursuant to a written contract, if the contract prohibits the person from:
       (16)(a) selling or sharing the protected dealer data;
       (16)(b) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract for the franchisee, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract with the franchisee, or as permitted under this title;
       (16)(c) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the service provider and the franchisee; or
       (16)(d) combining the protected dealer data that the service provider receives from, or on behalf of, the franchisee with personal information that the service provider receives from, or on behalf of, another person or persons, or collects from the service provider's own interaction with the consumer. See Utah Code 13-73-101
• 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
• SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
• STAR standards: means the current, applicable security standards published by the Standards for Technology in Automotive Retail. See Utah Code 13-73-101
• 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 military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
• Surface land: means privately owned land:
       (26)(a) overlying privately owned oil and gas resources;
       (26)(b) upon which oil and gas operations are conducted; and
       (26)(c) owned by a surface land owner. See Utah Code 40-6-2
• Surface land owner: means a person who owns, in fee simple absolute, all or part of the surface land as shown by the records of the county where the surface land is located. See Utah Code 40-6-2
• Surface use agreement: means an agreement between an owner or operator and a surface land owner addressing:
       (29)(a) the use and reclamation of surface land owned by the surface land owner; and
       (29)(b) compensation for damage to the surface land caused by oil and gas operations that result in:

            (29)(b)(i) loss of the surface land owner's crops on the surface land;

            (29)(b)(ii) loss of value of existing improvements owned by the surface land owner on the surface land; and

            (29)(b)(iii) permanent damage to the surface land. See Utah Code 40-6-2
• Surveillance information: means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. See Utah Code 77-23d-102
• Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
       (58)(a) one or more project areas within the survey area are feasible; or
       (58)(b) a development impediment exists within the survey area. See Utah Code 17C-1-102
• Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102
• Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102
• Tax increment: means the difference between:
            (61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
• Taxable value: means :
       (60)(a) the taxable value of all real property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, for the current year;
       (60)(b) the taxable value of all real and personal property the commission assesses in accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
       (60)(c) the year end taxable value of all personal property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
• Taxing entity: means a public entity that:
       (62)(a) levies a tax on property located within a project area; or
       (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
• Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
• Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: includes :
            (18)(b)(i) a service provider;
            (18)(b)(ii) a vendor, including a dealer data vendor and authorized integrator;
            (18)(b)(iii) a manufacturer acting in the capacity of a vendor, service provider, or dealer data vendor; or
            (18)(b)(iv) an affiliate of a manufacturer described in Subsection (18)(b)(iii). See Utah Code 13-73-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trained employee: means an individual who is trained to make a facial recognition comparison and identification and who has completed implicit bias training. See Utah Code 77-23e-102
• Transmitted data: means electronic information that is transmitted wirelessly:
       (9)(a) from an electronic device to another electronic device without the use of an intermediate connection or relay; or
       (9)(b) from an electronic device to a nearby antenna or from a nearby antenna to an electronic device. See Utah Code 77-23c-101.2
• Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Unincorporated: means not within a municipality. See Utah Code 17C-1-102
• Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unreasonable restriction: means :
       (20)(a) an unreasonable limitation or condition on the scope or nature of the data that is shared with an authorized integrator;
       (20)(b) an unreasonable limitation or condition on the ability of an authorized integrator to write data to a dealer data system;
       (20)(c) an unreasonable limitation or condition on a third party that accesses or shares protected dealer data or that writes data to a dealer data system;
       (20)(d) requiring unreasonable access to a franchisor's or a third party's sensitive, competitive, or other confidential business information as a condition for accessing protected dealer data or sharing protected dealer data with an authorized integrator;
       (20)(e) prohibiting or limiting a franchisee's ability to store, copy, securely share, or use protected dealer data outside of the dealer data system in any manner or for any reason; or
       (20)(f) allowing access to, or accessing protected dealer data without, the franchisee's prior express written consent. See Utah Code 13-73-101
• Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
• Urban renewal project area plan: means a project area plan adopted under Chapter 2, Part 1, Urban Renewal Project Area Plan. See Utah Code 17C-1-102
• User: means any person or entity who:
       (18)(a) uses an electronic communications service; and
       (18)(b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• 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
• Vendor: means a person to whom a franchisee makes available protected dealer data for a business purpose, pursuant to a written contract with the franchisee, if the contract:
       (19)(a) prohibits the vendor from:

            (19)(a)(i) selling or sharing the protected dealer data;

            (19)(a)(ii) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted under this title;

            (19)(a)(iii) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the vendor and the franchisee; and

            (19)(a)(iv) combining the protected dealer data that the vendor receives pursuant to a written contract with the franchisee with personal information that the vendor receives from or on behalf of another person or persons, or collects from the vendor's own interaction with the consumer;
       (19)(b) includes a certification made by the vendor that the vendor understands the restrictions in Subsection (19)(a)(i) and will comply with the restrictions; and
       (19)(c) permits, subject to agreement with the vendor, the franchisee to monitor the vendor's compliance with the contract through measures, including ongoing manual reviews, automated scans, regular assessments, audits, or other technical and operational testing at least once every 12 months. See Utah Code 13-73-101
• Verdict: The decision of a petit jury or a judge.
• Victim: means :
       (25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
       (25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• Violent felony: means the same as that term is defined in Section Utah Code 77-23d-102
• Waste: means :
       (30)(a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy;
       (30)(b) the inefficient storing of oil or gas;
       (30)(c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes:

            (30)(c)(i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations;

            (30)(c)(ii) unnecessary wells to be drilled; or

            (30)(c)(iii) the loss or destruction of oil or gas either at the surface or subsurface; or
       (30)(d) the production of oil or gas in excess of:

            (30)(d)(i) transportation or storage facilities; or

            (30)(d)(ii) the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced. See Utah Code 40-6-2
• Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3
• 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