Utah Code > Title 7 > Chapter 23 – Check Cashing and Deferred Deposit Lending Registration Act

		Sections
Part 1	General Provisions	7-23-101 – 7-23-104.1
Part 2	Registration Requirements	7-23-201
Part 3	Check Cashing Operations	7-23-301
Part 4	Deferred Deposit Lending Operations	7-23-401 – 7-23-403
Part 5	Enforcement	7-23-501 – 7-23-504

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Terms Used In Utah Code > Title 7 > Chapter 23 - Check Cashing and Deferred Deposit Lending Registration Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agent: means the same as that term is defined in Section 61-1-13. See Utah Code 51-7-3
Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
Allegation: something that someone says happened.
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.
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
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.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
Bequest: Property gifted by will.
Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
Business of cashing checks: means cashing a check for consideration. See Utah Code 7-23-102
Business of deferred deposit lending: means extending a deferred deposit loan. See Utah Code 7-23-102
Business trust: means an entity engaged in a trade or business that is created by a declaration of trust that transfers property to trustees, to be held and managed by them for the benefit of persons holding certificates representing the beneficial interest in the trust estate and assets. See Utah Code 7-5-1
Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
Certified dealer: means :
     (2)(a) a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or
     (2)(b) a broker dealer who:
          (2)(b)(i) has and maintains an office and a resident registered principal in the state;
          (2)(b)(ii) meets the capital requirements established by council rules;
          (2)(b)(iii) meets the requirements for good standing established by council rule; and
          (2)(b)(iv) is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3
Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3
Check: is a s defined in Section 70A-3-104. See Utah Code 7-23-102
Check casher: means a person that engages in the business of cashing checks. See Utah Code 7-23-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Contract: A legal written agreement that becomes binding when signed.
Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
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
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
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 officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
Credit union: means a cooperative, nonprofit association incorporated under:
(6)(a) Chapter 9, Utah Credit Union Act; or
(6)(b) Utah Code 7-1-103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deferred deposit lender: means a person that engages in the business of deferred deposit lending. See Utah Code 7-23-102
Deferred deposit loan: means a transaction where:
     (7)(a) a person:
          (7)(a)(i) presents to a deferred deposit lender a check written on that person's account; or
          (7)(a)(ii) provides written or electronic authorization to a deferred deposit lender to effect a debit from that person's account using an electronic payment; and
     (7)(b) the deferred deposit lender:
          (7)(b)(i) provides the person described in Subsection (7)(a) an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction; and
          (7)(b)(ii) agrees not to cash the check or process the debit until a specific date. See Utah Code 7-23-102
Department: means the Department of Financial Institutions. See Utah Code 7-1-103
Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
     (8)(a) holds or receives deposits, savings, or share accounts;
     (8)(b) issues certificates of deposit; or
     (8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
Depository institution holding company: means :
          (9)(a)(i) a person other than an individual that:
               (9)(a)(i)(A) has control over a depository institution; or
               (9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or
          (9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
Devise: To gift property by will.
Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
director: means :
(4)(a)(i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
(4)(a)(ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election judge: means a poll worker that is assigned to:
     (22)(a) preside over other poll workers at a polling place;
     (22)(b) act as the presiding election judge; or
     (22)(c) serve as a canvassing judge, counting judge, or receiving judge. See Utah Code 20A-1-102
Election officer: means :
     (23)(a) the lieutenant governor, for all statewide ballots and elections;
     (23)(b) the county clerk for:
          (23)(b)(i) a county ballot and election; and
          (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
Election results: means :
(25)(a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
(25)(b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102
Electronic payment: includes a payment made through:
          (8)(b)(i) an automated clearing house transaction;
          (8)(b)(ii) an electronic check;
          (8)(b)(iii) a stored value card; or
          (8)(b)(iv) an Internet transfer. See Utah Code 7-23-102
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
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.
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Fraud: Intentional deception resulting in injury to another.
Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:
          (5)(a)(i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:
               (5)(a)(i)(A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or
               (5)(a)(i)(B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and
          (5)(a)(ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
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
Hard put: means an unconditional sell-back provision or a redemption provision applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer or to an equal or higher-rated third party provider at specific intervals and specific prices determined at the time of issuance. See Utah Code 51-7-3
Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-7-3
Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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
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}
Investment adviser representative: means the same as that term is defined in Section 61-1-13. See Utah Code 51-7-3
Investment agreement: includes any agreement to supply investments on one or more future dates. See Utah Code 51-7-3
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Judicial officer: means any justice or judge of a court of record or any county court judge. See Utah Code 20A-1-102
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3
Local political subdivision: means a county, a municipality, a special district, or a local school district. See Utah Code 20A-1-102
Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3
Master Repurchase Agreement: means the current standard Master Repurchase Agreement approved by the Public Securities Association or by any successor organization. See Utah Code 51-7-3
Maximum amount: means , with respect to qualified depositories, the total amount of:
(19)(a) deposits in excess of the federal deposit insurance limit; and
(19)(b) nonqualifying repurchase agreements. See Utah Code 51-7-3
Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
(35)(a) is created via electronic or mechanical means; and
(35)(b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
Money market mutual fund: means an open-end managed investment fund:
(20)(a) that complies with the diversification, quality, and maturity requirements of Rule 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money market mutual funds; and
(20)(b) that assesses no sales load on the purchase of shares and no contingent deferred sales charge or other similar charges, however designated. See Utah Code 51-7-3
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.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Municipal executive: means :
(36)(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
(36)(b) the mayor in the council-manager form of government defined in Subsection 10-3b-103(6). See Utah Code 20A-1-102
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
Municipal officers: means those municipal officers that are required by law to be elected. See Utah Code 20A-1-102
Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
Municipality: means a city or town. See Utah Code 20A-1-102
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Nationally recognized statistical rating organization: means an organization that has been designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission's Division of Market Regulation. See Utah Code 51-7-3
Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements for mortgage loan originators. See Utah Code 7-23-102
Nonqualifying repurchase agreement: means a repurchase agreement evidencing indebtedness of a qualified depository arising from the transfer of obligations of the United States Treasury or other authorized investments to public treasurers that is:
     (22)(a) evidenced by a safekeeping receipt issued by the qualified depository;
     (22)(b) included in the depository's maximum amount of public funds; and
     (22)(c) valued and maintained at market value plus an appropriate margin collateral requirement based upon the term of the agreement and the type of securities acquired. See Utah Code 51-7-3
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.
Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
Official endorsement: means the information on the ballot that identifies:
     (44)(a) the ballot as an official ballot;
     (44)(b) the date of the election; and
     (44)(c)
          (44)(c)(i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
          (44)(c)(ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102
Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
Permanent funds: means funds whose principal may not be expended, the earnings from which are to be used for purposes designated by law. See Utah Code 51-7-3
Permitted depository: means any out-of-state financial institution that meets quality criteria established by rule of the council. See Utah Code 51-7-3
Person: means :
     (27)(a) an individual;
     (27)(b) a corporation;
     (27)(c) a limited liability company;
     (27)(d) a partnership;
     (27)(e) a trust;
     (27)(f) an association;
     (27)(g) a joint venture;
     (27)(h) a pool;
     (27)(i) a syndicate;
     (27)(j) a sole proprietorship;
     (27)(k) an unincorporated organization; or
     (27)(l) any form of business entity. See Utah Code 7-1-103
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
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
Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
Poll worker: includes election judges. See Utah Code 20A-1-102
Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
Pollution control facility: includes :
          (6)(b)(i) an addition to real property described in Subsection (6)(a);
          (6)(b)(ii) the reconstruction of real property described in Subsection (6)(a); or
          (6)(b)(iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
Probate: Proving a will
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
Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section Utah Code 20A-1-102
Provisional ballot: means a ballot voted provisionally by a person:
     (55)(a) whose name is not listed on the official register at the polling place;
     (55)(b) whose legal right to vote is challenged as provided in this title; or
     (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public money: means "public funds. See Utah Code 51-7-3
Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3
Quorum: The number of legislators that must be present to do business.
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
Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
Receiving judge: means the poll worker that checks the voter's name in the official register at a polling place and provides the voter with a ballot. See Utah Code 20A-1-102
Reciprocal deposits: means deposits that are initially deposited into a qualified depository and are then redeposited through a deposit account registry service:
(32)(a) in one or more FDIC-insured depository institutions in amounts up to the relevant FDIC-insured deposit limit for a depositor in each depository institution; and
(32)(b) in exchange for reciprocal FDIC-insured deposits made through the deposit account registry service to the qualified depository. See Utah Code 51-7-3
Refinance: means a new deferred deposit loan transaction whose proceeds are meant to satisfy the term or amount owed on an existing deferred deposit loan. See Utah Code 7-23-102
Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
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.
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
(65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
(65)(b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
Rollover: means the extension or renewal of the term of a deferred deposit loan. See Utah Code 7-23-102
Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
Savings and loan association: means :
(31)(a) a federal savings and loan association; and
(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103
Service of process: The service of writs or summonses to the appropriate party.
service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102
Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
Spoiled ballot: means each ballot that:
     (70)(a) is spoiled by the voter;
     (70)(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
     (70)(c) lacks the official endorsement. See Utah Code 20A-1-102
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
Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
Statute: A law passed by a legislature.
Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
Tabulation system: means a device or system designed for the sole purpose of tabulating votes cast by voters at an election. See Utah Code 20A-1-102
Ticket: means a list of:
     (73)(a) political parties;
     (73)(b) candidates for an office; or
     (73)(c) ballot propositions. See Utah Code 20A-1-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transfer case: means the sealed box used to transport voted ballots to the counting center. See Utah Code 20A-1-102
Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust business: means , except as provided in Subsection (1)(c), a business in which one acts in any agency or fiduciary capacity, including that of personal representative, executor, administrator, conservator, guardian, assignee, receiver, depositary, or trustee under appointment as trustee for any purpose permitted by law, including the definition of "trust" set forth in Subsection 75-1-201(55). See Utah Code 7-5-1
Trust company: means an institution authorized to engage in the trust business under this chapter. See Utah Code 7-5-1
Trustee: A person or institution holding and administering property in trust.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Vacancy: means :
(75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
Valid voter identification: means :
     (76)(a) a form of identification that bears the name and photograph of the voter which may include:
          (76)(a)(i) a currently valid Utah driver license;
          (76)(a)(ii) a currently valid identification card that is issued by:
               (76)(a)(ii)(A) the state; or
               (76)(a)(ii)(B) a branch, department, or agency of the United States;
          (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;
          (76)(a)(iv) a currently valid United States passport; or
          (76)(a)(v) a currently valid United States military identification card;
     (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:
          (76)(b)(i) a valid tribal identification card;
          (76)(b)(ii) a Bureau of Indian Affairs card; or
          (76)(b)(iii) a tribal treaty card; or
     (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
          (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
          (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;
          (76)(c)(iii) a certified birth certificate;
          (76)(c)(iv) a valid social security card;
          (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;
          (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;
          (76)(c)(vii) a currently valid Utah hunting or fishing license;
          (76)(c)(viii) certified naturalization documentation;
          (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;
          (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;
          (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
          (76)(c)(xii) a currently valid identification card issued by:
               (76)(c)(xii)(A) a local government within the state;
               (76)(c)(xii)(B) an employer for an employee; or
               (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or
          (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
(78)(a) mailing the ballot to the location designated in the mailing; or
(78)(b) depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102
Voter: means an individual who:
     (79)(a) meets the requirements for voting in an election;
     (79)(b) meets the requirements of election registration;
     (79)(c) is registered to vote; and
     (79)(d) is listed in the official register book. See Utah Code 20A-1-102
Voter registration deadline: means the registration deadline provided in Section Utah Code 20A-1-102
Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
Voting booth: means :
(82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
(82)(b) a voting device that is free standing. See Utah Code 20A-1-102
Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:
     (47)(a) the state;
     (47)(b) a court; or
     (47)(c) a judicial officer. See Utah Code 68-3-12.5
Write-in ballot: means a ballot containing any write-in votes. See Utah Code 20A-1-102
Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
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