7 LONG TITLE
8 General Description:
9 This bill adds a definition of armed forces and uniformed services to the statutory
10 construction list of definitions.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines armed forces and uniformed services.
14 Money Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 68-3-12.5, as last amended by Laws of Utah 2011, Chapter 366
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 68-3-12.5 is amended to read:
24 68-3-12.5. Definitions for Utah Code.
25 (1) The definitions listed in this section apply to the Utah Code, unless:
26 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
27 to the context of the statute; or
28 (b) a different definition is expressly provided for the respective title, chapter, part,
29 section, or subsection.
30 (2) "Adjudicative proceeding" means:
31 (a) an action by a board, commission, department, officer, or other administrative unit
32 of the state that determines the legal rights, duties, privileges, immunities, or other legal
33 interests of one or more identifiable persons, including an action to grant, deny, revoke,
34 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
35 (b) judicial review of an action described in Subsection (2)(a).
36 (3) "Administrator" includes "executor" when the subject matter justifies the use.
37 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
38 commission, committee, or council that:
39 (a) is created by, and whose duties are provided by, statute or executive order;
40 (b) performs its duties only under the supervision of another person as provided by
41 statute; and
42 (c) provides advice and makes recommendations to another person that makes policy
43 for the benefit of the general public.
44 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
45 and Coast Guard.
47 (a) the county commission, in the county commission or expanded county commission
48 form of government established under Title 17, Chapter 52, Changing Forms of County
50 (b) the county executive, in the county executive-council optional form of government
51 authorized by Section 17-52-504; or
52 (c) the county manager, in the council-manager optional form of government
53 authorized by Section 17-52-505.
55 (a) the county commission, in the county commission or expanded county commission
56 form of government established under Title 17, Chapter 52, Changing Forms of County
58 (b) the county council, in the county executive-council optional form of government
59 authorized by Section 17-52-504; and
60 (c) the county council, in the council-manager optional form of government authorized
61 by Section 17-52-505.
65 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
66 or court appointment; or
67 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
69 (a) a public bridge;
70 (b) a county way;
71 (c) a county road;
72 (d) a common road; and
73 (e) a state road.
75 functioning that:
76 (a) exists concurrently with deficits in adaptive behavior; and
77 (b) is manifested during the developmental period as defined in the current edition of
78 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
79 Psychiatric Association.
81 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
82 Security Act.
84 (a) land;
85 (b) a tenement;
86 (c) a hereditament;
87 (d) a water right;
88 (e) a possessory right; and
89 (f) a claim.
93 (a) an individual;
94 (b) an association;
95 (c) an institution;
96 (d) a corporation;
97 (e) a company;
98 (f) a trust;
99 (g) a limited liability company;
100 (h) a partnership;
101 (i) a political subdivision;
102 (j) a government office, department, division, bureau, or other body of government;
104 (k) any other organization or entity.
106 (a) money;
107 (b) goods;
108 (c) chattels;
109 (d) effects;
110 (e) evidences of a right in action;
111 (f) a written instrument by which a pecuniary obligation, right, or title to property is
112 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
113 (g) a right or interest in an item described in Subsections [
115 (a) an executor;
116 (b) an administrator;
117 (c) a successor personal representative;
118 (d) a special administrator; and
119 (e) a person who performs substantially the same function as a person described in
120 Subsections [
122 commission, or council that:
123 (a) is authorized to make policy for the benefit of the general public;
124 (b) is created by, and whose duties are provided by, the constitution or statute; and
125 (c) performs its duties according to its own rules without supervision other than under
126 the general control of another person as provided by statute.
128 expressly provided otherwise.
133 (a) land;
134 (b) a tenement;
135 (c) a hereditament;
136 (d) a water right;
137 (e) a possessory right; and
138 (f) a claim.
140 commission, committee, or council that:
141 (a) is authorized to approve policy made for the benefit of the general public by another
142 body or person;
143 (b) is created by, and whose duties are provided by, statute; and
144 (c) performs its duties according to its own rules without supervision other than under
145 the general control of another person as provided by statute.
147 (a) a public bridge;
148 (b) a county way;
149 (c) a county road;
150 (d) a common road; and
151 (e) a state road.
153 authenticate an instrument or writing.
155 state, district, or territory of the United States.
158 (31) "Uniformed services" means:
159 (a) the armed forces;
160 (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
162 (c) the Commissioned Corps of the United States Public Health Service.
164 States of America.
166 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
168 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
169 (b) (i) after the day described in Subsection [
170 (ii) before the most recent amendment to the referenced portion of the 1953
171 recodification of the Utah Code.
173 boat, and every structure adapted to be navigated from place to place.
176 (a) the state;
177 (b) a court; or
178 (c) a judicial officer.
180 (a) printing;
181 (b) handwriting; and
182 (c) information stored in an electronic or other medium if the information is retrievable
183 in a perceivable format.
Legislative Review Note
as of 1-27-15 6:53 PM
Office of Legislative Research and General Counsel