§ 17C-1-401.1 Title
§ 17C-1-401.5 Agency receipt and use of project area funds — Distribution of project area funds
§ 17C-1-402 Taxing entity committee
§ 17C-1-403 Tax increment under a pre-July 1, 1993, project area plan
§ 17C-1-404 Tax increment under a post-June 30, 1993, project area plan
§ 17C-1-405 Tax increment under a project area plan adopted on or after May 1, 2006
§ 17C-1-406 Additional tax increment under certain post-June 30, 1993, project area plans
§ 17C-1-407 Limitations on tax increment
§ 17C-1-408 Base taxable value to be adjusted to reflect other changes
§ 17C-1-409 Allowable uses of agency funds
§ 17C-1-410 Agency may make payments to other taxing entities
§ 17C-1-411 Use of project area funds for housing-related improvements and for relocating mobile home park residents — Funds to be held in separate accounts
§ 17C-1-412 Use of housing allocation — Separate accounting required — Issuance of bonds for housing — Action to compel agency to provide housing allocation
§ 17C-1-413 Base taxable value for new tax
§ 17C-1-414 Project area boundaries that divide a tax parcel — Deletion of parcel from tax increment calculation
§ 17C-1-415 Obligations of agencies that use tax increment to pay for communication infrastructure or facility
§ 17C-1-416 Extension of collection period for project areas impacted by COVID-19 emergency — Requirements — Limitations

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Terms Used In Utah Code > Title 17C > Chapter 1 > Part 4 - Project Area Funds

  • 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."
     
  • 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
  • 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
  • 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
  • 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.
  • 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
  • Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-5-102
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • 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 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
  • 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
  • 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
  • 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
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
  • 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 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
  • Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
  • 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
  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • 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 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
  • 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:
  • 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 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
  • 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
  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Geofence: means a specified geographic area defined by a virtual perimeter or geographic coordinates. See Utah Code 77-23f-101
  • 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,
  • 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
  • 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.
  • 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
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
  • 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 transit investment corridor: means the same as that term is defined in Section 10-9a-103. 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
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • 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
  • 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.
  • 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.
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • 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
  • 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
  • Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
  • 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 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power 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
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • 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).
  • 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
  • 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
  • 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
  • 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.
  • Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
  • 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
  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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
  • 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
  • Violent felony: means the same as that term is defined in Section Utah Code 77-23d-102
  • 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