State Codes and Statutes

Statutes > Utah > Title-68 > Chapter-03 > 68-3-12-5

68-3-12.5. Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnantto the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit ofthe state that determines the legal rights, duties, privileges, immunities, or other legal interests ofone or more identifiable persons, including an action to grant, deny, revoke, suspend, modify,annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided bystatute; and
(c) provides advice and makes recommendations to another person that makes policy forthe benefit of the general public.
(5) "County executive" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county executive, in the county executive-council optional form of governmentauthorized by Section 17-52-504; or
(c) the county manager, in the council-manager optional form of government authorizedby Section 17-52-505.
(6) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county council, in the county executive-council optional form of governmentauthorized by Section 17-52-504; and
(c) the county council, in the council-manager optional form of government authorizedby Section 17-52-505.
(7) "Depose" means to make a written statement made under oath or affirmation.
(8) "Executor" includes "administrator" when the subject matter justifies the use.
(9) "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary orcourt appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
(10) "Highway" includes:
(a) a public bridge;
(b) a county way;

(c) a county road;
(d) a common road; and
(e) a state road.
(11) "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(12) "Month" means a calendar month, unless otherwise expressed.
(13) "Oath" includes "affirmation."
(14) "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government; and
(k) any other organization or entity.
(15) "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property iscreated, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections (15)(a) through (f).
(16) "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described inSubsections (16)(a) through (d) under the law governing the person's status.
(17) "Policy board," "policy commission," or "policy council" means a board,commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under

the general control of another person as provided by statute.
(18) "Population" is shown by the most recent state or national census, unless expresslyprovided otherwise.
(19) "Process" means a writ or summons issued in the course of a judicial proceeding.
(20) "Property" includes both real and personal property.
(21) "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(22) "Review board," "review commission," and "review council" mean a board,commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by anotherbody or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than underthe general control of another person as provided by statute.
(23) "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(24) "Signature" includes a name, mark, or sign written with the intent to authenticate aninstrument or writing.
(25) "State," when applied to the different parts of the United States, includes a state,district, or territory of the United States.
(26) "Swear" includes "affirm."
(27) "Testify" means to make an oral statement under oath or affirmation.
(28) "United States" includes each state, district, and territory of the United States ofAmerica.
(29) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unlessthe text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection (29)(a); and
(ii) before the most recent amendment to the referenced portion of the 1953recodification of the Utah Code.
(30) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,and every structure adapted to be navigated from place to place.
(31) "Will" includes a codicil.
(32) "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or

(c) a judicial officer.
(33) "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievablein a perceivable format.

Enacted by Chapter 254, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-68 > Chapter-03 > 68-3-12-5

68-3-12.5. Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnantto the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit ofthe state that determines the legal rights, duties, privileges, immunities, or other legal interests ofone or more identifiable persons, including an action to grant, deny, revoke, suspend, modify,annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided bystatute; and
(c) provides advice and makes recommendations to another person that makes policy forthe benefit of the general public.
(5) "County executive" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county executive, in the county executive-council optional form of governmentauthorized by Section 17-52-504; or
(c) the county manager, in the council-manager optional form of government authorizedby Section 17-52-505.
(6) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county council, in the county executive-council optional form of governmentauthorized by Section 17-52-504; and
(c) the county council, in the council-manager optional form of government authorizedby Section 17-52-505.
(7) "Depose" means to make a written statement made under oath or affirmation.
(8) "Executor" includes "administrator" when the subject matter justifies the use.
(9) "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary orcourt appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
(10) "Highway" includes:
(a) a public bridge;
(b) a county way;

(c) a county road;
(d) a common road; and
(e) a state road.
(11) "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(12) "Month" means a calendar month, unless otherwise expressed.
(13) "Oath" includes "affirmation."
(14) "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government; and
(k) any other organization or entity.
(15) "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property iscreated, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections (15)(a) through (f).
(16) "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described inSubsections (16)(a) through (d) under the law governing the person's status.
(17) "Policy board," "policy commission," or "policy council" means a board,commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under

the general control of another person as provided by statute.
(18) "Population" is shown by the most recent state or national census, unless expresslyprovided otherwise.
(19) "Process" means a writ or summons issued in the course of a judicial proceeding.
(20) "Property" includes both real and personal property.
(21) "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(22) "Review board," "review commission," and "review council" mean a board,commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by anotherbody or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than underthe general control of another person as provided by statute.
(23) "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(24) "Signature" includes a name, mark, or sign written with the intent to authenticate aninstrument or writing.
(25) "State," when applied to the different parts of the United States, includes a state,district, or territory of the United States.
(26) "Swear" includes "affirm."
(27) "Testify" means to make an oral statement under oath or affirmation.
(28) "United States" includes each state, district, and territory of the United States ofAmerica.
(29) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unlessthe text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection (29)(a); and
(ii) before the most recent amendment to the referenced portion of the 1953recodification of the Utah Code.
(30) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,and every structure adapted to be navigated from place to place.
(31) "Will" includes a codicil.
(32) "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or

(c) a judicial officer.
(33) "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievablein a perceivable format.

Enacted by Chapter 254, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-68 > Chapter-03 > 68-3-12-5

68-3-12.5. Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnantto the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit ofthe state that determines the legal rights, duties, privileges, immunities, or other legal interests ofone or more identifiable persons, including an action to grant, deny, revoke, suspend, modify,annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided bystatute; and
(c) provides advice and makes recommendations to another person that makes policy forthe benefit of the general public.
(5) "County executive" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county executive, in the county executive-council optional form of governmentauthorized by Section 17-52-504; or
(c) the county manager, in the council-manager optional form of government authorizedby Section 17-52-505.
(6) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commissionform of government established under Title 17, Chapter 52, Changing Forms of CountyGovernment;
(b) the county council, in the county executive-council optional form of governmentauthorized by Section 17-52-504; and
(c) the county council, in the council-manager optional form of government authorizedby Section 17-52-505.
(7) "Depose" means to make a written statement made under oath or affirmation.
(8) "Executor" includes "administrator" when the subject matter justifies the use.
(9) "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary orcourt appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
(10) "Highway" includes:
(a) a public bridge;
(b) a county way;

(c) a county road;
(d) a common road; and
(e) a state road.
(11) "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(12) "Month" means a calendar month, unless otherwise expressed.
(13) "Oath" includes "affirmation."
(14) "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government; and
(k) any other organization or entity.
(15) "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property iscreated, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections (15)(a) through (f).
(16) "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described inSubsections (16)(a) through (d) under the law governing the person's status.
(17) "Policy board," "policy commission," or "policy council" means a board,commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under

the general control of another person as provided by statute.
(18) "Population" is shown by the most recent state or national census, unless expresslyprovided otherwise.
(19) "Process" means a writ or summons issued in the course of a judicial proceeding.
(20) "Property" includes both real and personal property.
(21) "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(22) "Review board," "review commission," and "review council" mean a board,commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by anotherbody or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than underthe general control of another person as provided by statute.
(23) "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(24) "Signature" includes a name, mark, or sign written with the intent to authenticate aninstrument or writing.
(25) "State," when applied to the different parts of the United States, includes a state,district, or territory of the United States.
(26) "Swear" includes "affirm."
(27) "Testify" means to make an oral statement under oath or affirmation.
(28) "United States" includes each state, district, and territory of the United States ofAmerica.
(29) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unlessthe text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection (29)(a); and
(ii) before the most recent amendment to the referenced portion of the 1953recodification of the Utah Code.
(30) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,and every structure adapted to be navigated from place to place.
(31) "Will" includes a codicil.
(32) "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or

(c) a judicial officer.
(33) "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievablein a perceivable format.

Enacted by Chapter 254, 2010 General Session


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