Terms Used In Utah Code > Title 35A > Chapter 8 > Part 21 - Private Activity Bonds

• Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• 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.
• Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
• Allocated volume cap: means a volume cap for which:
       (1)(a) a certificate of allocation is in effect; or
       (1)(b) bonds have been issued. See Utah Code 35A-8-2102
• Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
• Alternative nicotine product: includes :
            (1)(b)(i) pure nicotine;
            (1)(b)(ii) snortable nicotine;
            (1)(b)(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
            (1)(b)(iv) nicotine-laced food and beverage. See Utah Code 76-10-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique firearm: means :
            (1)(a)(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
            (1)(a)(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:

                 (1)(a)(ii)(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

                 (1)(a)(ii)(B) uses rimfire or centerfire fixed ammunition which is:

                      (1)(a)(ii)(B)(I) no longer manufactured in the United States; and

                      (1)(a)(ii)(B)(II) is not readily available in ordinary channels of commercial trade; or
            (1)(a)(iii)

                 (1)(a)(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and

                 (1)(a)(iii)(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition. See Utah Code 76-10-501
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Biological agent: means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product, that is capable of causing:
       (1)(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
       (1)(b) deterioration of food, water, equipment, supplies, or material of any kind; or
       (1)(c) deleterious alteration of the environment. See Utah Code 76-10-401
• Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Bona fide stockholder of record: means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to his interests as a stockholder. See Utah Code 76-10-701
• Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
• Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
• Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette. See Utah Code 76-10-101
• Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
       (3)(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
       (3)(b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concealed firearm: means a firearm that is:
            (3)(a)(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
            (3)(a)(ii) readily accessible for immediate use. See Utah Code 76-10-501
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• 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 legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
• Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
       (1)(a) that is currently in operation;
       (1)(b) that has as one of its substantial activities the commission of one or more predicate gang crimes;
       (1)(c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and
       (1)(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902
• Curio or relic firearm: means a firearm that:
       (5)(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:

            (5)(a)(i) sporting use;

            (5)(a)(ii) use as an offensive weapon; or

            (5)(a)(iii) use as a defensive weapon;
       (5)(b)

            (5)(b)(i) was manufactured at least 50 years before the current date; and

            (5)(b)(ii) is not a replica of a firearm described in Subsection (5)(b)(i);
       (5)(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;
       (5)(d) derives a substantial part of its monetary value:

            (5)(d)(i) from the fact that the firearm is:

                 (5)(d)(i)(A) novel;

                 (5)(d)(i)(B) rare; or

                 (5)(d)(i)(C) bizarre; or

            (5)(d)(ii) because of the firearm's association with an historical:

                 (5)(d)(ii)(A) figure;

                 (5)(d)(ii)(B) period; or

                 (5)(d)(ii)(C) event; and
       (5)(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under Utah Code 76-10-501
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous weapon: means :
            (6)(a)(i) a firearm; or
            (6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501
• Dating relationship: means a romantic or intimate relationship between individuals. See Utah Code 76-10-501
• Dealer: means a person who is:
       (8)(a) licensed under Utah Code 76-10-501
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivery system: means :
       (2)(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
       (2)(b) any vector. See Utah Code 76-10-401
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Director: means the director of the division. See Utah Code 35A-8-101
• Director: means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. See Utah Code 76-10-701
• Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 76-10-501
• Electronic cigarette: includes an oral device that is:
            (4)(b)(i) composed of a heating element, battery, or electronic circuit; and
            (4)(b)(ii) marketed, manufactured, distributed, or sold as:

                 (4)(b)(ii)(A) an e-cigarette;

                 (4)(b)(ii)(B) an e-cigar;

                 (4)(b)(ii)(C) an e-pipe; or

                 (4)(b)(ii)(D) any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101
• Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101
• Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101
• Enter: means intrusion of the entire body. See Utah Code 76-10-501
• 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 appointed under Section 35A-1-201. See Utah Code 35A-1-102
• Federal Firearms Licensee: means a person who:
       (11)(a) holds a valid Federal Firearms License issued under Utah Code 76-10-501
• Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
• Flavored electronic cigarette product: includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint. See Utah Code 76-10-101
• Fraud: Intentional deception resulting in injury to another.
• Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
• Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:
       (2)(a) establish control over one or more identifiable areas;
       (2)(b) intimidate others from entering those areas; or
       (2)(c) conceal illegal activities. See Utah Code 76-9-902
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Hoax weapon of mass destruction: means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not:
       (3)(a) meet the definition of a weapon of mass destruction; or
       (3)(b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. See Utah Code 76-10-401
• House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
• ICE: means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security. See Utah Code 76-9-1002
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Issuing authority: means :
       (7)(a) any county, city, or town in the state;
       (7)(b) any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these;
       (7)(c) the state; or
       (7)(d) any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102
• 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
• 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.
• Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101
• Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101
• Nontherapeutic nicotine device: includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray. See Utah Code 76-10-101
• Nontherapeutic nicotine device substance: means a substance that:
       (11)(a) contains nicotine;
       (11)(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
       (11)(c) is not purchased with a prescription from a licensed physician; and
       (11)(d) is not approved by the United States Food and Drug Administration as nicotine replacement therapy. See Utah Code 76-10-101
• Nontherapeutic nicotine product: means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device. See Utah Code 76-10-101
• 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.
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
• 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.
• Pattern of criminal gang activity: means committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years, if the predicate gang crimes are committed:
       (3)(a)

            (3)(a)(i) by two or more persons; or

            (3)(a)(ii) by an individual at the direction of or in association with a criminal street gang; and
       (3)(b) with the specific intent to promote, further, or assist in any criminal conduct by members of a criminal street gang. See Utah Code 76-9-902
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• Person: means any individual, organization, group, association, partnership, corporation, or any combination of them;