Utah Code > Title 8 > Chapter 5 – Rights and Title to Cemetery Lots


§ 8-5-1	Unused or unkept lots — Notice procedures
§ 8-5-2	Action in court for title to lots
§ 8-5-3	Abandonment — Standards — Prima facie evidence
§ 8-5-4	Copy of judgment to be filed with county recorder
§ 8-5-5	Proceeds of resale of lots
§ 8-5-6	Alternative council or board procedures for notice — Termination of rights — Notice
§ 8-5-7	Sale of only right to be buried
§ 8-5-8	Municipal and maintenance district cemeteries — Rights of lot holders — Compensation — Perpetual care charges

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Terms Used In Utah Code > Title 8 > Chapter 5 - Rights and Title to Cemetery Lots

Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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 has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
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.
Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102
Auxiliary officer: means a sworn, certified, and supervised special function officer, as described by Section 53-13-112. See Utah Code 53-13-101
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
(2)(a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
(2)(b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102
Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
(3)(a) is appointed by a bail bond surety; and
(3)(b) receives or is promised money or other things of value for this service. See Utah Code 53-11-102
Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
     (4)(a) presenting a defendant for required court appearances;
     (4)(b) apprehending or surrendering a defendant to a court; or
     (4)(c) keeping the defendant under necessary surveillance. See Utah Code 53-11-102
Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
(5)(a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
(5)(b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
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
Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
     (4)(a) an opinion question specifically authorized by the Legislature;
     (4)(b) a constitutional amendment;
     (4)(c) an initiative;
     (4)(d) a referendum;
     (4)(e) a bond proposition;
     (4)(f) a judicial retention question;
     (4)(g) an incorporation of a city or town; or
     (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
Board: means the Board of State History. See Utah Code 9-8-102
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
bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
Budget officer: means :
     (2)(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
     (2)(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
     (2)(c) for a town, the town council. See Utah Code 20A-7-101
Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102
Candidate amplifier: means the product of:
(1)(a) two less than the total number of candidates in a given ballot-counting phase of a multi-candidate race; and
(1)(b) . See Utah Code 20A-4-601
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
Certified: means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council. See Utah Code 53-13-101
Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Collateral duty: means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position. See Utah Code 53-13-101
Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
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.
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
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.
Conviction: means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended. See Utah Code 53-11-102
Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
Counterclaim: A claim that a defendant makes against a plaintiff.
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
Counting room: means a suitable and convenient private place or room for use by the poll workers and counting judges to count ballots. 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
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Public Safety. See Utah Code 53-11-102
Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
(12)(a) takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
(12)(b) closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102
Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101
Director: means the director of the Utah Historical Society. See Utah Code 9-8-102
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101
Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102
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 Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
Election day voting center: means a polling place designated by an election officer to provide for voting on election day for an individual who:
(1)(a) is eligible to vote; and
(1)(b) resides within the political subdivision holding the election. See Utah Code 20A-3a-701
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 initiative process: means :
(5)(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
(5)(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
Electronic referendum process: means :
(6)(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
(6)(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
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
Emergency action: means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare. See Utah Code 53-11-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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 Cultural and Community Engagement. See Utah Code 9-1-102
Filer: means an individual who files a written statement challenging another individual's right to vote as provided in Section 20A-3a-804. See Utah Code 20A-3a-802
First preference ranking: means the candidate selected as the candidate most preferred by a voter, as indicated by:
(2)(a) the number one; or
(2)(b) if the voter does not assign the number one to any candidate, the number two. See Utah Code 20A-4-601
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.
Fraud: Intentional deception resulting in injury to another.
Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102
Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
Initiative application: means :
(12)(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
(12)(b) for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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
Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
Law enforcement agency: means an entity or division of:
          (1)(e)(i)
               (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;
               (1)(e)(i)(B) a state institution of higher education; or
               (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
          (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
Legally referable to voters: means :
(18)(a) for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section Utah Code 20A-7-101
Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
(15)(a) the licensee should modify or eliminate certain practices; and
(15)(b) continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license. See Utah Code 53-11-102
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 law: includes :
          (21)(a)(i) an ordinance;
          (21)(a)(ii) a resolution;
          (21)(a)(iii) a land use law;
          (21)(a)(iv) a land use regulation, as defined in Section 10-9a-103; or
          (21)(a)(v) other legislative action of a local legislative body. See Utah Code 20A-7-101
Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
Local legislative body: means the legislative body of a county, city, or town. See Utah Code 20A-7-101
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
Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
Manual referendum process: means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
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
Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
Multi-candidate race: means a nonpartisan municipal race where:
(3)(a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
(3)(b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office. See Utah Code 20A-4-601
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 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
Museum of Utah: means the Museum of Utah created in Section 9-8-209. See Utah Code 9-8-102
New voting equipment system: means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced. See Utah Code 20A-5-801
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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.
Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 53-11-102
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
Participating municipality: means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3). See Utah Code 20A-4-601
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.
Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
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
Pilot project: means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602. See Utah Code 20A-4-601
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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
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
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.
Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
Presiding officers: means the president of the Senate and the speaker of the House of Representatives. See Utah Code 20A-7-101
Principal duties: means those duties which are the highest and foremost in responsibility. See Utah Code 53-13-101
Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
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
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
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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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
Quorum: The number of legislators that must be present to do business.
Recount threshold: means the sum of the candidate amplifier and the following:
(6)(a) for a ballot-counting phase in which fewer than 100 valid rankings are counted, 0. See Utah Code 20A-4-601
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum application: means :
(30)(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(30)(b) for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
Referendum petition: means :
     (32)(a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
     (32)(b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
     (32)(c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or
     (32)(d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101
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.
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
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
Service of process: The service of writs or summonses to the appropriate party.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
Society: means the Utah Historical Society created in Section 9-8-201. See Utah Code 9-8-102
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
Spectrum: means that which encompasses the scope of authority. See Utah Code 53-13-101
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
Standard local ballot proposition: means a local ballot proposition for an initiative or a referendum. See Utah Code 20A-7-101
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 institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102
Swear: includes "affirm. See Utah Code 68-3-12.5
Sworn: means having taken the oath of office set forth in Utah Constitution Article IV, § 10, administered by the law enforcement agency for whom a peace officer works. See Utah Code 53-13-101
Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unprofessional conduct: means :
     (18)(a) engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
     (18)(b) aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
     (18)(c) gross negligence in the practice of a bail recovery agent;
     (18)(d) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
     (18)(e) making a fraudulent or untrue statement to the board, department, its investigators, or staff. See Utah Code 53-11-102
Uphold: The decision of an appellate court not to reverse a lower court decision.
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: means that the ballot is marked in a manner that permits the ranking to be counted during the applicable ballot-counting phase. See Utah Code 20A-4-601
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
Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
Volunteer: means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. See Utah Code 53-13-101
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
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 center ballot: means a regular ballot that:
(2)(a) is provided at an election day voting center; and
(2)(b) may be retrieved by the election official during the canvass if the voter cast a ballot at another location or before election day. See Utah Code 20A-3a-701
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 equipment: means the following equipment used for an election:
     (2)(a) automatic tabulating equipment;
     (2)(b) a voting device; or
     (2)(c) a voting machine. See Utah Code 20A-5-801
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
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
While on duty: means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency. See Utah Code 53-13-101
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