Utah Code > Title 4 > Chapter 38 – Utah Horse Regulation Act

		Sections
Part 1	General Provisions	4-38-101 – 4-38-106
Part 2	Events	4-38-201 – 4-38-203
Part 3	Investigations and Prohibitions	4-38-301 – 4-38-304
Part 4	Finances	4-38-401 – 4-38-402
Part 5	Hearings	4-38-501

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Terms Used In Utah Code > Title 4 > Chapter 38 - Utah Horse Regulation Act

Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
Address: includes :
          (1)(b)(i) a post office box number;
          (1)(b)(ii) a rural free delivery route number; and
          (1)(b)(iii) a street name and number. See Utah Code 16-10a-102
Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
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.
Affiliate: means the same as that term is defined in Section 16-10a-102. See Utah Code 16-10a-1802
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:
          (1)(a)(i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;
          (1)(a)(ii) pollutes ground water; or
          (1)(a)(iii) constitutes a significant nuisance to urban land. See Utah Code 4-18-103
Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103
Agriculture water: means :
     (3)(a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
     (3)(b) the return flow of water from irrigated agriculture; or
     (3)(c) agricultural storm water runoff. See Utah Code 4-18-103
Albumen: means the white of an egg. See Utah Code 4-4-103
Allegation: something that someone says happened.
Alternate: means a substitute for a district supervisor if the district supervisor cannot attend a meeting. See Utah Code 4-18-103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Animal feeding operation: means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. See Utah Code 4-18-103
Announcement date: when used in reference to a business combination, means the date of the first public announcement of the final, definitive proposal for the business combination. See Utah Code 16-10a-1802
Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
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.
Appraisal: A determination of property value.
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
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Associate: when used to indicate a relationship with a person, means:
     (3)(a) a corporation or organization of which the person is an officer or partner or is, directly or indirectly, the beneficial owner of 10% or more of any class of voting stock;
     (3)(b) a trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and
     (3)(c) a relative or spouse of the person, or any relative of the spouse, who has the same home as the person. See Utah Code 16-10a-1802
Assumed corporate name: means a name assumed for use in this state by a foreign corporation pursuant to Section 16-10a-1506 because its corporate name is not available for use in this state. See Utah Code 16-10a-102
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficial owner: when used with respect to stock, means a person:
     (4)(a) that, individually or with or through any of its affiliates or associates, beneficially owns the stock, directly or indirectly;
     (4)(b) that, individually or with or through any of its affiliates or associates, has:
          (4)(b)(i) the right to acquire the stock:
               (4)(b)(i)(A) whether the right is exercisable immediately or only after the passage of time, pursuant to an agreement, arrangement, or understanding, whether or not in writing; or
               (4)(b)(i)(B) upon the exercise of conversion rights, exchange rights, warrants, or options, or otherwise, except that a person may not be considered the beneficial owner of stock tendered pursuant to a tender or exchange offer made by the person or an affiliate or associate of the person until the tendered stock is accepted for purchase or exchange; or
          (4)(b)(ii) the right to vote the stock pursuant to an agreement, arrangement, or understanding, whether or not in writing, except that a person may not be considered the beneficial owner of any stock under this Subsection (4)(b)(ii) if the agreement, arrangement, or understanding to vote the stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable regulations under the Exchange Act and is not then reportable on a Schedule 13D under the Exchange Act, or any comparable or successor report; or
     (4)(c) that has an agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in Subsection (4)(b)(ii), or disposing of the stock with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the stock. See Utah Code 16-10a-1802
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Benefit corporation: means a business corporation:
(2)(a) that elects to become subject to this chapter; and
(2)(b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
(4)(a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
(4)(b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103
Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
     (6)(a) protect the environment;
     (6)(b) protect human health;
     (6)(c) ensure the humane treatment of animals; and
     (6)(d) promote the financial viability of agricultural production. See Utah Code 4-18-103
Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103
Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103
Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103
Business combination: when used in reference to any domestic corporation and an interested shareholder of the corporation, means:
     (5)(a) a merger or consolidation of the corporation or any subsidiary of the corporation with:
          (5)(a)(i) the interested shareholder; or
          (5)(a)(ii) any other corporation, whether or not that corporation is an interested shareholder of the corporation, that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder;
     (5)(b) any sale, lease, exchange, mortgage, pledge, transfer, or other disposition, in one transaction or a series of transactions, to or with the interested shareholder or any affiliate or associate of the interested shareholder of assets of the corporation or any subsidiary of the corporation:
          (5)(b)(i) having an aggregate market value equal to 10% or more of the aggregate market value of all the assets, determined on a consolidated basis, of the corporation;
          (5)(b)(ii) having an aggregate market value equal to 10% or more of the aggregate market value of all the outstanding stock of the corporation; or
          (5)(b)(iii) representing 10% or more of the earning power or net income, determined on a consolidated basis, of the corporation;
     (5)(c) the issuance or transfer by the corporation or any subsidiary of the corporation, in one transaction or a series of transactions, of any stock of the corporation or any subsidiary of the corporation that has an aggregate market value equal to 5% or more of the aggregate market value of all the outstanding stock of the corporation to the interested shareholder or any affiliate or associate of the interested shareholder except pursuant to the exercise of warrants or rights to purchase stock offered, or a dividend or distribution paid or made, pro rata to all shareholders of the corporation;
     (5)(d) the adoption of any plan or proposal for the liquidation or dissolution of the corporation proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder;
     (5)(e) any reclassification of securities, including a stock split, stock dividend, or other distribution of stock in respect of stock, or any reverse stock split, or recapitalization of the corporation, or any merger or consolidation of the corporation with any subsidiary of the corporation, or any other transaction, whether or not with, into, or otherwise involving the interested shareholder:
          (5)(e)(i) proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; and
          (5)(e)(ii) that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of any class or series of voting stock or securities convertible into voting stock of the corporation or any subsidiary of the corporation that is directly or indirectly owned by the interested shareholder or any affiliate or associate of the interested shareholder, except as a result of immaterial changes due to fractional share adjustments; or
     (5)(f) a receipt by the interested shareholder or an affiliate or associate of the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of the corporation, of a loan, advance, guarantee, pledge, or other financial assistance or any tax credit or other tax advantage provided by or through the corporation. See Utah Code 16-10a-1802
Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
Cage-free housing system: includes , to the extent the system is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially slatted system, single-level all-litter floor system, and any future system that is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c). See Utah Code 4-4a-102
Candling: means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. See Utah Code 4-4-103
Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103
Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103
Chambers: A judge's office.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102
Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103
Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102
Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Common stock: means stock other than preferred stock. See Utah Code 16-10a-1802
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
     (5)(a) direct or exercise a controlling influence over:
          (5)(a)(i) the management or policies of a financial institution; or
          (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
     (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
Conviction: A judgement of guilt against a criminal defendant.
Corporate name: means :
(10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
(10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
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
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
County noxious weed: means any plant that is:
     (3)(a) not on the state noxious weed list;
     (3)(b) especially troublesome in a particular county; and
     (3)(c) declared by the county legislative body to be a noxious weed within the county. See Utah Code 4-17-102
Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Department: means the Department of Financial Institutions. See Utah Code 7-1-103
Dependent: A person dependent for support upon another.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
(13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
domestic corporation: means a corporation for profit that:
(11)(a) is not a foreign corporation; and
(11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102
Enclosure: means a structure used to confine an egg-laying hen. See Utah Code 4-4a-102
End consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: includes :
     (19)(a) a domestic and foreign corporation;
     (19)(b) a nonprofit corporation;
     (19)(c) a limited liability company;
     (19)(d) a profit or nonprofit unincorporated association;
     (19)(e) a business trust;
     (19)(f) an estate;
     (19)(g) a partnership;
     (19)(h) a trust;
     (19)(i) two or more persons having a joint or common economic interest;
     (19)(j) a state;
     (19)(k) the United States; and
     (19)(l) a foreign government. See Utah Code 16-10a-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.
Exchange Act: means the Securities Exchange Act of 1934, Utah Code 16-10a-1802
Executive director: means the executive director of the commission. See Utah Code 4-38-102
Executive officer: means :
     (8)(a) a benefit corporation's president;
     (8)(b) a vice president of the benefit corporation in charge of a principal business unit, division, or function; or
     (8)(c) any other officer who performs a policy-making function for the benefit corporation. See Utah Code 16-10b-103
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.
Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102
Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
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
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.
Fodder: means food for livestock. See Utah Code 4-18-103
Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
Fraud: Intentional deception resulting in injury to another.
General public benefit: means a material positive impact on society and the environment:
     (9)(a) taken as a whole;
     (9)(b) assessed against a third-party standard; and
     (9)(c) from the business of a benefit corporation. See Utah Code 16-10b-103
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
Guest: means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment. See Utah Code 29-2-102
Hydroponic: means a technique for growing plants without soil. See Utah Code 4-18-103
Immediate family: means a parent, spouse, surviving spouse, child, or sibling of a person. See Utah Code 16-10b-103
Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
Individual: means :
     (22)(a) a natural person;
     (22)(b) the estate of an incompetent individual; or
     (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Innkeeper: means the proprietor or designated employee of a proprietor of a lodging establishment. See Utah Code 29-2-102
Institution: means :
     (19)(a) a corporation;
     (19)(b) a limited liability company;
     (19)(c) a partnership;
     (19)(d) a trust;
     (19)(e) an association;
     (19)(f) a joint venture;
     (19)(g) a pool;
     (19)(h) a syndicate;
     (19)(i) an unincorporated organization; or
     (19)(j) any form of business entity. See Utah Code 7-1-103
Interested shareholder: when used in reference to a domestic corporation, means a person, other than the corporation or a subsidiary of the corporation, that:
(10)(a)(i) is the beneficial owner, directly or indirectly, of 20% or more of the outstanding voting stock of the corporation; or
(10)(a)(ii) is an affiliate or associate of the corporation and at any time within the five-year period immediately before the date in question was the beneficial owner, directly or indirectly, of 20% or more of the then outstanding voting stock of the corporation. See Utah Code 16-10a-1802
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.
Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
Lodging establishment: means a place providing temporary sleeping accommodations to the public, including any of the following:
     (5)(a) a bed and breakfast establishment;
     (5)(b) a boarding house;
     (5)(c) a hotel;
     (5)(d) an inn;
     (5)(e) a lodging house;
     (5)(f) a motel;
     (5)(g) a resort; or
     (5)(h) a rooming house. See Utah Code 29-2-102
mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
Man: means an adult human male. See Utah Code 68-3-12.5
Market value: when used in reference to stock or property of a domestic corporation, means:
     (11)(a) in the case of stock:
          (11)(a)(i) the highest closing sale price during the 30-day period immediately preceding the date in question of a share of the stock on the composite tape for New York stock exchange-listed stocks;
          (11)(a)(ii) if the stock is not quoted on the composite tape or listed on the exchange described in Subsection (11)(a)(i), the highest closing sale price during the 30-day period immediately preceding the date in question on the principal United States securities exchange registered under the Exchange Act on which the stock is listed; or
          (11)(a)(iii) if no quotation is available under Subsection (11)(a)(i) or (ii), the fair market value on the date in question of a share of the stock as determined by the board of directors of the corporation in good faith; and
     (11)(b) in the case of property other than cash or stock, the fair market value of the property on the date in question as determined by the board of directors of the corporation in good faith. See Utah Code 16-10a-1802
Minimum status vote: means :
     (12)(a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions:
          (12)(a)(i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and
          (12)(a)(ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or
     (12)(b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions:
          (12)(b)(i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and
          (12)(b)(ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103
Minor: means an unemancipated person younger than 18 years of age. See Utah Code 29-2-102
Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103
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.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
Multi-tiered aviary: means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. See Utah Code 4-4a-102
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102
nutrient management plan: means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
(10)(a) protect the environment; and
(10)(b) provide nutrients for the production of crops. See Utah Code 4-18-103
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.
Oppressive conduct: means a continuing course of conduct, a significant action, or a series of actions that substantially interferes with the interests of a shareholder as a shareholder. See Utah Code 16-10a-1901
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
Partially slatted system: means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. See Utah Code 4-4a-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.
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
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
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Pollution: means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. See Utah Code 4-18-103
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}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Preferred stock: means a class or series of stock of a domestic corporation that under the bylaws or articles of incorporation of the corporation:
(12)(a) is entitled to receive payment of dividends before any payment of dividends on some other class or series of stock; or
(12)(b) is entitled in the event of a voluntary liquidation, dissolution, or winding up of the corporation to receive payment or distribution of a preferential amount before a payment or distribution is received by some other class or series of stock. See Utah Code 16-10a-1802
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
     (25)(a) an annual report;
     (25)(b) an application for a certificate of authority; or
     (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
Proceeding: includes :
     (26)(a) a civil suit;
     (26)(b) arbitration or mediation; and
     (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protective order: means :
     (6)(a) a civil protective order, as that term is defined in Section 78B-7-102;
     (6)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
     (6)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 30-3-10.1
Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:
     (7)(a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
     (7)(b) conveys that a child is worthless, defective, or expendable; and
     (7)(c) may terrorize a child. See Utah Code 30-3-10.1
Publicly traded corporation: means a business corporation that has shares listed on a national securities exchange or traded in a market maintained by one or more members of a national securities association. See Utah Code 16-10b-103
Quorum: The number of legislators that must be present to do business.
Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
     (28)(a) the corporation at its:
          (28)(a)(i) registered office in this state; or
          (28)(a)(ii) principal office;
     (28)(b) the secretary of the corporation, wherever the secretary is found; or
     (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102
Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
Registered office: means the office within this state designated by a domestic or foreign corporation as its registered office in the most recent document on file with the division providing that information, including:
     (30)(a) articles of incorporation;
     (30)(b) an application for a certificate of authority; or
     (30)(c) a notice of change of registered office. See Utah Code 16-10a-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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Service member: means a member of a uniformed service. See Utah Code 30-3-10.1
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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
Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
Shareholder: means :
(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Single-level all-litter floor system: means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. See Utah Code 4-4a-102
Small producer: means a producer of shell eggs:
(11)(a) having less than 3,000 layers; and
(11)(b) who is exempt from 21 C. See Utah Code 4-4-103
Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102
Specific public benefit: includes :
     (14)(a) providing low-income or underserved individuals or communities with beneficial products or services;
     (14)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
     (14)(c) protecting or restoring the environment;
     (14)(d) improving human health;
     (14)(e) promoting the arts, sciences, or advancement of knowledge;
     (14)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
     (14)(g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
State: means , unless the context demands otherwise:
     (33)(a) a state;
     (33)(b) the District of Columbia; or
     (33)(c) the territories of the United States. See Utah Code 7-1-103
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 technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103
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.
Stock: means :
     (13)(a) a stock or similar security, a certificate of interest, any participation in a profit sharing agreement, a voting trust certificate, or a certificate of deposit for stock;
     (13)(b) a security convertible, with or without consideration, into stock;
     (13)(c) a warrant, call, or other option or privilege of buying stock without being bound to do so; or
     (13)(d) any other security carrying a right to acquire, subscribe to, or purchase stock. See Utah Code 16-10a-1802
Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity had been exercised. See Utah Code 16-10b-103
Summons: Another word for subpoena used by the criminal justice system.
Sustainable agriculture: means agriculture production and practices that promote:
(17)(a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and
(17)(b) the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
     (16)(a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
     (16)(b) is developed by an entity that is not controlled by the benefit corporation;
     (16)(c) is developed by an entity that both:
          (16)(c)(i) has access to necessary expertise to assess overall corporate social and environmental performance; and
          (16)(c)(ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
     (16)(d) makes the following information publicly available:
          (16)(d)(i) about the standard:
               (16)(d)(i)(A) the criteria considered when measuring the overall social and environmental performance of a business; and
               (16)(d)(i)(B) the relative weightings, if any, of those criteria; and
          (16)(d)(ii) about the development and revision of the standard:
               (16)(d)(ii)(A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;
               (16)(d)(ii)(B) the process by which revisions to the standard and changes to the membership of the governing body are made; or
               (16)(d)(ii)(C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribal corporation: means a corporation:
(37)(a) incorporated under the law of a tribe; and
(37)(b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-10a-102
Trustee: A person or institution holding and administering property in trust.
Uniformed service: means :
     (10)(a) active and reserve components of the United States Armed Forces;
     (10)(b) the United States Merchant Marine;
     (10)(c) the commissioned corps of the United States Public Health Service;
     (10)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
     (10)(e) the National Guard of a state. See Utah Code 30-3-10.1
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Usable floor space: includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps. See Utah Code 4-4a-102
Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
Voting stock: means shares of capital stock of a corporation entitled to vote generally in the election of directors. See Utah Code 16-10a-1802
white rot: means putrid or rotten. See Utah Code 4-4-103
Wholesale: means , with respect to the sale of an egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser. See Utah Code 4-4-103
Woman: means an adult human female. See Utah Code 68-3-12.5
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