Terms Used In Utah Code > Title 63A > Chapter 5b - Administration of State Facilities

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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
• Agency optional term: means an option that is exclusively exercisable by a leasing agency to extend the lease term. See Utah Code 63A-5b-801
• Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
• 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.
• 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.
• Applicant: means a person who submits a timely, qualified proposal to the division. See Utah Code 63A-5b-901
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• 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
• 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
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• Capital development project: means :
            (1)(a)(i) a remodeling or site or utility improvement project with a total cost of $3,500,000 or more;
            (1)(a)(ii) a new facility with a construction cost of $500,000 or more; or
            (1)(a)(iii) a purchase of real property if an appropriation is requested and made for the purchase. See Utah Code 63A-5b-401
• Capital improvement project: means :
       (2)(a) a remodeling, alteration, replacement, repair, or site or utility improvement project:

            (2)(a)(i) with a total cost of less than $3,500,000; or

            (2)(a)(ii)

                 (2)(a)(ii)(A) with a total cost of $3,500,000 or more; and

                 (2)(a)(ii)(B) that will be paid for with funds that are not state funds;
       (2)(b) a utility infrastructure improvement project that:

            (2)(b)(i) has a total cost of less than $7,000,000;

            (2)(b)(ii) consists of two or more projects that, if done separately, would each cost less than $3,500,000; and

            (2)(b)(iii) the division determines is more cost effective or feasible to be completed as a single project; or
       (2)(c) a new facility with a total construction cost of less than $500,000. See Utah Code 63A-5b-401
• Capitol hill: means the same as that term is defined in Section 63O-1-101. See Utah Code 63A-5b-102
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Compliance agency: means the same as that term is defined in Section 15A-1-202. See Utah Code 63A-5b-102
• Condemnee: means the same as that term is defined in Section Utah Code 63A-5b-901
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: means an insurance corporation, except when referring to:
            (34)(a)(i) a corporation doing business:

                 (34)(a)(i)(A) as:

                      (34)(a)(i)(A)(I) an insurance producer;

                      (34)(a)(i)(A)(II) a surplus lines producer;

                      (34)(a)(i)(A)(III) a limited line producer;

                      (34)(a)(i)(A)(IV) a consultant;

                      (34)(a)(i)(A)(V) a managing general agent;

                      (34)(a)(i)(A)(VI) a reinsurance intermediary;

                      (34)(a)(i)(A)(VII) a third party administrator; or

                      (34)(a)(i)(A)(VIII) an adjuster; and

                 (34)(a)(i)(B) under:

                      (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;

                      (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or

                      (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
            (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
• 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.
• Department: means the Department of Government Operations. See Utah Code 63A-1-103
• Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
• Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
• Donor: The person who makes a gift.
• Energy efficiency measure: means an action taken or initiated by an agency that:
       (1)(a) reduces the agency's energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or
       (1)(b) increases the agency's energy or fuel efficiency or resource consumption efficiency. See Utah Code 63A-5b-1001
• Energy efficiency program: means a program established under Section 63A-5b-1002 for the purpose of improving energy efficiency measures and reducing the energy costs for state facilities. See Utah Code 63A-5b-1001
• 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
• Facility: means any building, structure, or other improvement that is constructed:
            (1)(a)(i) on property that the state or any of the state's departments, commissions, institutions, or agencies owns; or
            (1)(a)(ii) by the state or any of the state's departments, commissions, institutions, or agencies on property that the state does not own. See Utah Code 63A-5b-601
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• 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
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the State Facility Energy Efficiency Fund created in Section 63A-5b-1003. See Utah Code 63A-5b-1001
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• High-cost lease: means a real property lease that:
       (2)(a) has an initial term including any agency optional term of 10 years or more; or
       (2)(b) will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term. See Utah Code 63A-5b-801
• 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
• Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-102
• 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
• 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
• 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}
• Leasing agency: means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 63A-5b-801
• Liability insurance: includes :
            (112)(b)(i) vehicle liability insurance;
            (112)(b)(ii) residential dwelling liability insurance; and
            (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency. See Utah Code 63A-5b-601
• Local government entity: means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• New facility: includes :
            (3)(b)(i) an addition to an existing building; and
            (3)(b)(ii) the enclosure of space that was not previously fully enclosed. See Utah Code 63A-5b-401
• Oversight: Committee review of the activities of a Federal agency or program.
• Performance efficiency agreement: means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment. See Utah Code 63A-5b-1001
• 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
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). See Utah Code 63A-5b-901
• Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public purpose nonprofit entity: means a corporation, association, organization, or entity that:
       (7)(a) is located within the state;
       (7)(b) is not a state agency or local government entity;
       (7)(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and
       (7)(d) operates to fulfill a public purpose. See Utah Code 63A-5b-901
• Qualified proposal: means a written proposal that:
       (8)(a) meets the criteria established by the division by rule under Section 63A-5b-903;
       (8)(b) if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
       (8)(c) the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Replacement cost: means , as determined by the Division of Risk Management:
       (4)(a) for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and
       (4)(b) for infrastructure, as defined by the director, the cost to replace the infrastructure. See Utah Code 63A-5b-401
• 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
• Secondary state agency: means a state agency:
       (9)(a) that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and
       (9)(b) for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901
• Significant lease terms: includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property. See Utah Code 63A-5b-801
• 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 a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901
• State facility: means any building, structure, or other improvement that is constructed on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant. See Utah Code 63A-5b-1001
• State funds: means public money appropriated by the Legislature. See Utah Code 63A-5b-401
• Statute: A law passed by a legislature.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
• Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Board of Higher Education: means the Utah Board of Higher Education established in Section 53B-1-402. See Utah Code 63A-5b-102
• Vacant division-owned property: means division-owned property that:
       (12)(a) a primary state agency is not occupying or using; and
       (12)(b) the director has determined should be made available for:

            (12)(b)(i) use or occupancy by a primary state agency; or

            (12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
• 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
• Written proposal: means a brief statement in writing that explains:
       (13)(a) the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and
       (13)(b) how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901