§ 31A-9-101 Definitions
§ 31A-9-102 Scope and purposes
§ 31A-9-103 Orders imposing and relaxing restrictions
§ 31A-9-104 Applicability of other insurance laws to fraternals
§ 31A-9-105 General corporate powers and procedures
§ 31A-9-106 Miscellaneous provisions
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Terms Used In Utah Code > Title 31A > Chapter 9 > Part 1 - General Provisions

  • accounting system: means :
    (1) a system that integrates into the state's general ledger accounting system;
    (2) a system used to summarize information that is manually entered into the state's general ledger accounting system;
    (3) a system used to collect and maintain:
         (3)(a) detailed financial information on each individual transaction or event; or
         (3)(b) information used to present the funds and activities of the state;
    (4) a system used to determine and demonstrate financial compliance with legal, federal, audit, and contractual provisions; or
    (5) a system similar to a system described in Subsections (1) through (4). See Utah Code 63A-3-202.1
  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advisory council: means the Educational Interpretation and Translation Services Procurement Advisory Council established in Section 63A-2-502. See Utah Code 63A-2-501
  • Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
  • 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.
  • 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
  • articles of incorporation: means :
         (11)(a) the original articles;
         (11)(b) a special law;
         (11)(c) a charter;
         (11)(d) an amendment;
         (11)(e) restated articles;
         (11)(f) articles of merger or consolidation;
         (11)(g) a trust instrument;
         (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
         (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Borrower: means a person who borrows money from an infrastructure fund for an infrastructure project. See Utah Code 63A-3-401.5
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means a contract entered into by the division for interpretation or translation services in accordance with Section 63A-2-502. See Utah Code 63A-2-501
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means a party that owes, or is alleged to owe, an account receivable. See Utah Code 63A-3-301
  • Department: means the Department of Government Operations. See Utah Code 63A-1-103
  • Dependent: A person dependent for support upon another.
  • Division: means the Division of Purchasing and General Services created under Section 63A-2-101. See Utah Code 63A-2-101.5
  • Division: means the Division of Finance, created in Section 63A-3-101. See Utah Code 63A-3-301
  • 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 director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fairpark district development fund: means the infrastructure fund created in Subsection 63A-3-402(1)(c). See Utah Code 63A-3-401.5
  • Federal surplus property: means surplus property of the federal government of the United States. See Utah Code 63A-2-101.5
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Independent political subdivision: means :
         (3)(a) the Utah Inland Port Authority created in Section 11-58-201;
         (3)(b) the Point of the Mountain State Land Authority created in Section 11-59-201;
         (3)(c) the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201; or
         (3)(d) the Military Installation Development Authority created in Section 63H-1-201. See Utah Code 63A-3-401.5
  • Information technology equipment: means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:
         (3)(a) a computer;
         (3)(b) a smart phone, electronic tablet, personal digital assistant, or other portable electronic device;
         (3)(c) a digital copier or multifunction printer;
         (3)(d) a flash drive or other portable electronic data storage device;
         (3)(e) a server; and
         (3)(f) any other similar device. See Utah Code 63A-2-101.5
  • Infrastructure fund: means a fund created in Subsection 63A-3-402(1). See Utah Code 63A-3-401.5
  • Infrastructure loan: means a loan of infrastructure fund money to finance an infrastructure project. See Utah Code 63A-3-401.5
  • Infrastructure project: means a project to acquire, construct, reconstruct, rehabilitate, equip, or improve public infrastructure and improvements:
         (6)(a) within a project area; or
         (6)(b) outside a project area, if the respective loan approval body determines by resolution that the public infrastructure and improvements are of benefit to the project area. See Utah Code 63A-3-401.5
  • Inland port: means the same as that term is defined in Section 11-58-102. See Utah Code 63A-3-401.5
  • Inland port fund: means the infrastructure fund created in Subsection 63A-3-402(1)(a). See Utah Code 63A-3-401.5
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • LEA: means the same as that term is defined in Section 53E-1-102. See Utah Code 63A-2-501
  • 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 tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means the lien described in Section 63A-3-307. See Utah Code 63A-3-301
  • Local agency: means a nonprofit entity organized by participating political subdivisions to act on behalf of the participating political subdivisions with respect to the office's efforts to collect accounts receivable of participating political subdivisions through administrative offsets. See Utah Code 63A-3-301
  • Lodge system: means one in which:
              (1)(c)(i) there is a supreme governing body;
              (1)(c)(ii) subordinate to the supreme governing body are local lodges, however designated, into which natural persons are admitted as members in accordance with the laws of the fraternal;
              (1)(c)(iii) the local lodges are required by the laws of the fraternal to hold regular meetings at least monthly; and
              (1)(c)(iv) the local lodges regularly engage in programs involving member participation to implement the purposes of Subsection (1)(a)(ii). See Utah Code 31A-9-101
  • Mail: means United States Postal Service first class mail to the intended recipient's last known address. See Utah Code 63A-3-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Military development fund: means the infrastructure fund created in Subsection 63A-3-402(1)(d). See Utah Code 63A-3-401.5
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Participating political subdivision: means a political subdivision that has entered into an agreement with a local agency authorizing the local agency to act on behalf of the political subdivision with respect to the office's efforts to collect accounts receivable of the political subdivision through administrative offsets. See Utah Code 63A-3-301
  • 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
  • Point of the mountain fund: means the infrastructure fund created in Subsection 63A-3-402(1)(b). See Utah Code 63A-3-401.5
  • Political subdivision: means the same as that term is defined in Section 63G-7-102. See Utah Code 63A-3-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Project area: means :
         (11)(a) the same as that term is defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
         (11)(b) the point of the mountain state land, as defined in Section 11-59-102, for purposes of an infrastructure loan from the point of the mountain fund;
         (11)(c) the same as that term is defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
         (11)(d) the same as that term is defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property act: means the Federal Property and Administrative Services Act of 1949, Utah Code 63A-2-101.5
  • Property tax revenue: means :
         (12)(a) property tax differential, as defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
         (12)(b) enhanced property tax revenue, as defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
         (12)(c) property tax allocation, as defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
  • Public infrastructure and improvements: means :
         (13)(a) the same as that term is defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
         (13)(b) publicly owned infrastructure and improvements, as defined in Section 11-59-102, for purposes of an infrastructure loan from the point of the mountain fund;
         (13)(c) the same as that term is defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
         (13)(d) the same as that term is defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
  • Purchasing director: means the director of the division appointed under Section 63A-2-102. See Utah Code 63A-2-101.5
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • receivable: means any amount due the state or any other governmental entity within the state as a result of a judgment, citation, tax, or administrative order, or for which materials or services have been provided but for which payment has not been received by the servicing unit. See Utah Code 63A-3-301
  • Respective loan approval body: means :
         (14)(a) the board created in Section 11-58-301, for purposes of an infrastructure loan from the inland port fund;
         (14)(b) the board created in Section 11-59-301, for purposes of an infrastructure loan from the point of the mountain fund;
         (14)(c) the board created in Section 11-70-301, for purposes of an infrastructure loan from the fairpark area development fund; or
         (14)(d) the committee created in Section 63H-1-104, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
  • 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 agency: means any executive branch department, division, or other agency of the state. See Utah Code 63A-2-101.5
  • State board: means the State Board of Education. See Utah Code 63A-2-501
  • Statute: A law passed by a legislature.
  • Surplus property program: means the program relating to state surplus property under Part 4, Surplus Property Service. See Utah Code 63A-2-101.5
  • Surplus property program administrator: means :
         (12)(a) the purchasing director, if the purchasing director administers the surplus property program; or
         (12)(b) the state surplus property contractor, if the state surplus property contractor administers the surplus property program. See Utah Code 63A-2-101.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5