Terms Used In Utah Code > Title 9 > Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement

• 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.
• Advisory board: means the Education Advisory Board created in Section Utah Code 53-22-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a group of persons that:
            (1)(a)(i) constitute the members of a formal association organized for:

                 (1)(a)(i)(A) an identifiable interest;

                 (1)(a)(i)(B) an identifiable purpose;

                 (1)(a)(i)(C) a specific profession; or

                 (1)(a)(i)(D) a specific occupation; or
            (1)(a)(ii) are employed by a common employer. See Utah Code 7-9-3
• 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
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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
• Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
• 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 that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
• Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. See Utah Code 20A-7-101
• 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 7-1-103
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County security chief: means the individual whom a county sheriff appoints in accordance with Section 53-22-103 to oversee school safety. See Utah Code 53-22-101
• 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
• Crime scene investigator technician: means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents. See Utah Code 53-21-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Financial Institutions. See Utah Code 7-1-103
• 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
• 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
• Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3
• Designated mental health resources liaison: means a non-leadership human resources or other administrative employee designated by a first responder agency who receives and processes a request for mental health resources on behalf of the first responder agency under this chapter. See Utah Code 53-21-101
• Donor: The person who makes a gift.
• 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 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
• 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
• Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701
• 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
• Fiduciary: A trustee, executor, or administrator.
• Field of membership: means persons designated as eligible for credit union membership in accordance with:
       (6)(a) Section 7-9-51 or 7-9-53; and
       (6)(b) the bylaws of the credit union. See Utah Code 7-9-3
• First responder: means :
       (3)(a) a law enforcement officer, as defined in Section 53-13-103;
       (3)(b) an emergency medical technician, as defined in Section 53-2e-101;
       (3)(c) an advanced emergency medical technician, as defined in Section 53-2e-101;
       (3)(d) a paramedic, as defined in Section 53-2e-101;
       (3)(e) a firefighter, as defined in Section 34A-3-113;
       (3)(f) a dispatcher, as defined in Section 53-6-102;
       (3)(g) a correctional officer, as defined in Section 53-13-104;
       (3)(h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;
       (3)(i) a search and rescue worker under the supervision of a local sheriff;
       (3)(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;
       (3)(k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;
       (3)(l) a crime scene investigator technician;
       (3)(m) a wildland firefighter;
       (3)(n) an investigator or prosecutor of cases involving sexual crimes against children; or
       (3)(o) a civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events. See Utah Code 53-21-101
• First responder agency: means :
       (4)(a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or
       (4)(b) a certified private law enforcement agency as defined in Section 53-19-102. See Utah Code 53-21-101
• 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.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• 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
• Initial fiscal impact statement: means a financial statement prepared under Section Utah Code 20A-7-101
• 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
• Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• 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
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, 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
• Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
• Local education agency: means the same as that term is defined in Section 53E-1-102. See Utah Code 53-22-101
• 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
• Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
• Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for:
            (8)(a)(i) a commercial purpose;
            (8)(a)(ii) other business investment property or venture purpose; or
            (8)(a)(iii) an agricultural purpose. See Utah Code 7-9-3
• Mental health resources: includes , at a minimum, the following services:
            (5)(b)(i) regular periodic screenings for all employees within the first responder agency;
            (5)(b)(ii) assessments and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident; and
            (5)(b)(iii) regular and continuing access to the mental health program for:

                 (5)(b)(iii)(A) spouses and children of first responders;

                 (5)(b)(iii)(B) first responders who have retired or separated from the agency; and

                 (5)(b)(iii)(C) spouses of first responders who have retired or separated from the agency. See Utah Code 53-21-101
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 53-21-101
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• 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
• Pass-through funding: means funding from an appropriation by the Legislature to a state agency that is intended to be passed through the state agency to:
            (3)(a)(i) a government or local government entity;
            (3)(a)(ii) a private entity, including a not-for-profit entity; or
            (3)(a)(iii) a person in the form of a loan or a grant. See Utah Code 9-1-102
• Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
• 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 :
       (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
• Plan: means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter. See Utah Code 53-21-101
• Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
• 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 school: means the same as that term is defined in Section Utah Code 53-22-101
• 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
• Qualifying organization: means any Utah nonprofit history organization or local government that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-8-701
• Quorum: The number of legislators that must be present to do business.
• 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
• Retired: means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act. See Utah Code 53-21-101
• School: means an elementary school or a secondary school that:
       (5)(a) is a public school; and
       (5)(b) provides instruction for one or more of the grades of kindergarten through grade 12. See Utah Code 53-22-101
• School is in session: means the same as the term is defined in Section 53E-3-516. See Utah Code 53-22-101
• School resource officer: means the same as that term is defined in Section 53G-8-701. See Utah Code 53-22-101
• Separated: means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder. See Utah Code 53-21-101
• Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3
• 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
• Small first responder agency: means a first responder agency that:
       (10)(a) has 10 or fewer employees;
       (10)(b) is primarily staffed by volunteers; or
       (10)(c) is located in:

            (10)(c)(i) a county of the third, fourth, fifth, or sixth class;

            (10)(c)(ii) a city of the third, fourth, fifth, or sixth class; or

            (10)(c)(iii) a town. See Utah Code 53-21-101
• Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
• State: means , unless the context demands otherwise:
       (33)(a) a state;
       (33)(b) the District of Columbia; or
       (33)(c) the territories of the United States. See Utah Code 7-1-103
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State security chief: means an individual appointed by the commissioner under Section 53-22-102. See Utah Code 53-22-101
• Statute: A law passed by a legislature.
• STEM: means science, technology, engineering, and mathematics. See Utah Code 9-1-102
• Task force: means the School Security Task Force created in Section Utah Code 53-22-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
• 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.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• 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
• 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