Utah Code > Title 9 > Chapter 7 – Library Development

		Sections
Part 1	General Provisions	9-7-101
Part 2	State Library Division	9-7-201 – 9-7-218
Part 3	State Law Library	9-7-302 – 9-7-313
Part 4	City Libraries	9-7-402 – 9-7-410
Part 5	County Libraries	9-7-501 – 9-7-511

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 9 > Chapter 7 - Library Development

Accounts receivable purchase transaction: means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value. See Utah Code 7-27-101
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
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.
Agency: means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
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}
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 filing an application for a license under this chapter. See Utah Code 7-25-102
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
Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
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
Authorized agent: means a person designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee. See Utah Code 7-25-102
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
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
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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}
Bequest: Property gifted by will.
Blockchain: means an electronic method of storing data that is:
     (3)(a) maintained by consensus of multiple unaffiliated parties;
     (3)(b) distributed across multiple locations; and
     (3)(c) mathematically verified. See Utah Code 7-25-102
Blockchain token: means an electronic record that is:
(4)(a) recorded on a blockchain; and
(4)(b) capable of being traded between persons without an intermediary. See Utah Code 7-25-102
Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
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
Branch: when used in reference to a foreign depository institution, means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-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
Business: means a private enterprise carried on for the purpose of gain or economic profit. See Utah Code 7-27-101
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 purpose transaction: means a transaction from which the resulting proceeds that a business receives are:
(4)(a)(i) provided to the business; or
(4)(a)(ii) intended to be used to carry on the business. See Utah Code 7-27-101
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
Capital and surplus: means :
     (2)(a) shares;
     (2)(b) deposits;
     (2)(c) reserves; and
     (2)(d) undivided earnings. See Utah Code 7-9-3
Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
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
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
Commercial financing transaction: means a business purpose transaction:
(5)(a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or
(5)(b) that is an accounts receivable purchase transaction. See Utah Code 7-27-101
Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101
Commercial open-end credit plan: means commercial financing extended to a business on terms under which:
(7)(a) the creditor reasonably contemplates repeat transactions; and
(7)(b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101
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.
Contract: A legal written agreement that becomes binding when signed.
control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
     (5)(a) direct or exercise a controlling influence over:
          (5)(a)(i) the management or policies of a financial institution; or
          (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
     (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
Conviction: A judgement of guilt against a criminal defendant.
Corporate credit union: means any credit union organized pursuant to any state or federal act for the purpose of serving other credit unions. See Utah Code 7-9-3
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 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
Covered financial institution: means any of the following that operate in the state:
     (2)(a) a state or federally chartered:
          (2)(a)(i) bank;
          (2)(a)(ii) savings and loan association;
          (2)(a)(iii) savings bank;
          (2)(a)(iv) industrial bank;
          (2)(a)(v) credit union;
          (2)(a)(vi) trust company; or
          (2)(a)(vii) depository institution; or
     (2)(b) a financial institution. See Utah Code 7-26-102
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
Credit union service organization: means an entity:
(4)(a) that provides any of the services listed in Subsection 7-9-59(2); and
(4)(b) in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
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
Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Dependent: A person dependent for support upon another.
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
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
Devise: To gift property by will.
Digital library: means the web-accessible digital library of state publications created under Section 9-7-208. See Utah Code 9-7-101
Division: means the State Library Division. See Utah Code 9-7-101
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
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
Eligible voter: means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition. See Utah Code 20A-7-101
endowment care cemetery: means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:
(2)(a) represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and
(2)(b) collects funds for the purpose stated in Subsection (2)(a). See Utah Code 8-4-1
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}
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Escrow: means an agreement, express or implied, that provides for one or more parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a deed, or other property or asset to another person to be held, paid, or delivered in accordance with terms and conditions prescribed in the agreement. See Utah Code 7-22-101
Escrow agent: means a person that provides or offers to provide escrow services to the public. See Utah Code 7-22-101
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
Executive officer: means the licensee's president, chair of the executive committee, executive vice president, treasurer, chief financial officer, or any other person who performs similar functions. See Utah Code 7-25-102
Failing or failed depository institution: means a depository institution under the jurisdiction of the department:
     (1)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
     (1)(b) that meets the requirements of Subsection 7-2-1(1)(l);
     (1)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or
     (1)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1
Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:
     (2)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
     (2)(b) that meets the requirements of Subsection 7-2-1(1)(l);
     (2)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);
     (2)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or
     (2)(e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
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
Final fiscal impact statement: means a financial statement prepared after voters approve an initiative that contains the information required by Subsection Utah Code 20A-7-101
Financial exploitation: means :
     (3)(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or
     (3)(b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to:
          (3)(b)(i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or
          (3)(b)(ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102
Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103
Fraud: Intentional deception resulting in injury to another.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
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
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.
Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
Initial fiscal impact and legal statement: means a financial and legal 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
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}
Internet policy: means the public library online access policy required in Section 9-7-215. See Utah Code 9-7-101
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.
Key shareholder: means a person, or group of persons acting in concert, who is the owner of 20% or more of a class of an applicant's stock. See Utah Code 7-25-102
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
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 the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102
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 signatures: means the number of signatures of legal voters that:
(16)(a) meet the numerical requirements of this chapter; and
(16)(b) have been obtained, certified, and verified as provided in this chapter. See Utah Code 20A-7-101
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
Legislative publication: means :
     (6)(a) the Utah Code after the legislative staff office prepares an updated Utah Code database incorporating amendments to the Utah Code;
     (6)(b) the Laws of Utah; and
     (6)(c) the Utah Constitution after the legislative staff office incorporates into the Utah Constitution amendments to the Utah Constitution that passed during the preceding regular general election. See Utah Code 9-7-101
Legislative staff office: means the Office of Legislative Research and General Counsel. See Utah Code 9-7-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
Licensee: means a person licensed under this chapter. See Utah Code 7-25-102
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
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
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 legislative body: means the legislative body of a county, city, or town. See Utah Code 20A-7-101
Local obligation law: means a local law passed by the local legislative body regarding a bond that was approved by a majority of qualified voters in an election. See Utah Code 20A-7-101
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
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
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
Money transmission: means the sale or issuance of a payment instrument or engaging in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. See Utah Code 7-25-102
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}
Motor vehicle dealer: means a dealer as defined in Section 41-3-102. See Utah Code 7-27-101
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
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}
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}
Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-22-101
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
Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-24-102
Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-25-102
Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3
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
Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
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
Payment instrument: means a check, draft, money order, travelers check, or other instrument or written order for the transmission or payment of money, sold or issued to one or more persons, whether or not the instrument is negotiable. See Utah Code 7-25-102
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
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
Physical format: means a transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk. See Utah Code 9-7-101
Political subdivision: means a county, city, town, school district, public transit district, redevelopment agency, or special improvement or taxing district. See Utah Code 9-7-101
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Probate: Proving a will
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: includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers. See Utah Code 7-27-101
Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
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 individual: means :
(5)(a) a branch manager of a covered financial institution; or
(5)(b) a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102
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
Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, 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
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 packet: means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. 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
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
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.
Remit: means either to make direct payment of the money to the licensee or its representatives authorized to receive the money, or to deposit the money in a depository institution in an account in the name of the licensee. See Utah Code 7-25-102
Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802
Representative office: means a place of business of a foreign depository institution located in this state that is authorized to exercise powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
Rollover: means the extension or renewal of the term of a deferred deposit loan. See Utah Code 7-23-102
Rollover: means the extension or renewal of the term of a title loan. See Utah Code 7-24-102
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
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
Society: means the Utah Historical Society created in Section 9-8-201. See Utah Code 9-8-102
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 agency: means :
(10)(a)(i) the state; or
(10)(a)(ii) an office, department, division or other agency or instrumentality of the state. See Utah Code 9-7-101
state institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 53B-3-102
State institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 9-7-101
State publication: includes a book, compilation, directory, map, fact sheet, newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, video recording, and electronic publication. See Utah Code 9-7-101
Statute: A law passed by a legislature.
Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:
     (3)(a) a Utah depository institution;
     (3)(b) an out-of-state depository institution;
     (3)(c) a Utah depository institution holding company; or
     (3)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1
Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:
     (4)(a) a Utah depository institution;
     (4)(b) an out-of-state depository institution;
     (4)(c) a Utah depository institution holding company; or
     (4)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1
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
Tax percentage increase: means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. See Utah Code 20A-7-101
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third party associated with a vulnerable adult: means an individual:
     (6)(a) who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult;
     (6)(b) whom a vulnerable adult authorizes the financial institution to contact;
     (6)(c) who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or
     (6)(d) who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102
Title lender: includes a person that:
          (3)(b)(i) arranges a title loan on behalf of a title lender;
          (3)(b)(ii) acts as an agent for a title lender; or
          (3)(b)(iii) assists a title lender in the extension of a title loan. See Utah Code 7-24-102
Title loan: includes a title loan extended at the same premise on which any of the following are sold:
          (4)(b)(i) a motor vehicle, as defined in Section 41-6a-102;
          (4)(b)(ii) a mobile home, as defined in Section 41-6a-102; or
          (4)(b)(iii) a motorboat, as defined in Section 73-18-2. See Utah Code 7-24-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transaction: means any of the following services that a covered financial institution provides:
     (7)(a) a transfer or request to transfer or disburse funds or assets in an account;
     (7)(b) a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;
     (7)(c) a request to negotiate a check or other negotiable instrument;
     (7)(d) a request to change the ownership of, or access to, an account;
     (7)(e) a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3;
     (7)(f) a request for a loan, extension of credit, or draw on a line of credit;
     (7)(g) a request to encumber any movable or immovable property; or
     (7)(h) a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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
Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
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.
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
Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
Utah depository institution holding company: means a depository institution holding company whose home state is Utah. See Utah Code 7-1-103
Venue: The geographical location in which a case is tried.
Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
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
Vulnerable adult: means :
(8)(a) an individual who is 65 years old or older; or
(8)(b) the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
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
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