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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13a-102, 2017

This section defines several terms used in the chapter, including “controlling interest,” “governing board,” “governmental entity,” “governmental nonprofit corporation,” and “municipality.”

Source excerpt

definitionsgovernancegovernment ownership/controlgovernmental entitieslocal governmentmandatory feesnonprofit entity classificationnonprofit governanceoperating fundingtaxing authorityvoting power
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2017
Dates
Enacted 2017
More statute details
Dates
Enacted 2017
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“This section defines several terms used in the chapter, including “controlling interest,” “governing board,” “governmental entity,” “governmental nonprofit corporation,” and “municipality.””

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Definitions.

This section defines several terms used in the chapter, including “controlling interest,” “governing board,” “governmental entity,” “governmental nonprofit corporation,” and “municipality.”

Section 11-13a-102

Subsection 11-13a-102(4)(a)(i)

A nonprofit corporation wholly owned or controlled by one or more governmental entities is included, unless it receives no operating funding or other financial support from any governmental entity.

Section 11-13a-102(4)(a)(i)

Subsection 11-13a-102(4)(a)(ii)(C)

that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose

Section 11-13a-102(4)(a)(ii)(C)

04

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In force source record

Source record from le.utah.gov · Enacted 2017

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Showing 17 of 17 provisions

Provision 16Interpretation
§ 11-13a-102Definitions.Interpretation

Source excerpt

This section defines several terms used in the chapter, including “controlling interest,” “governing board,” “governmental entity,” “governmental nonprofit corporation,” and “municipality.”

Definitions. As used in this chapter: "Controlling interest" means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. "Governing board" means the body that governs a governmental nonprofit corporation. "Governing board" includes a board of directors. "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, an institution of higher education, as defined in Section 53H-1-101 , or any other political subdivision or administrative unit of the state. "Governmental nonprofit corporation" means: a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: that exercises taxing authority; that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. "Governmental nonprofit corporation" does not include: a water company, as that term is defined in Section 16-4-102 , unless the water company is wholly owned by one or more governmental entities; or the Utah Association of Special Districts. "Municipality" means a city or town.
Section 11-13a-102Verify source
§ 11-13a-102(1)Subsection 11-13a-102(1)Provision

Source excerpt

Defines “controlling interest” for a nonprofit corporation governance context.

"Controlling interest" means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents.
Section 11-13a-102(1)Verify source
§ 11-13a-102(2)Subsection 11-13a-102(2)Provision

Source excerpt

“Governing board” means the body that governs a governmental nonprofit corporation, and it includes a board of directors.

"Governing board" means the body that governs a governmental nonprofit corporation. "Governing board" includes a board of directors.
Section 11-13a-102(2)Verify source
§ 11-13a-102(2)(a)Subsection 11-13a-102(2)(a)Provision

Source excerpt

“Governing board” means the body that governs a governmental nonprofit corporation.

"Governing board" means the body that governs a governmental nonprofit corporation.
Section 11-13a-102(2)(a)Verify source
§ 11-13a-102(2)(b)Subsection 11-13a-102(2)(b)Provision

Source excerpt

“Governing board” includes a board of directors.

"Governing board" includes a board of directors.
Section 11-13a-102(2)(b)Verify source
§ 11-13a-102(3)Subsection 11-13a-102(3)Provision

Source excerpt

“Governmental entity” is defined to include the state, local governments, certain districts, a school district, an institution of higher education, and other state political subdivisions or administrative units.

"Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, an institution of higher education, as defined in Section 53H-1-101 , or any other political subdivision or administrative unit of the state.
Section 11-13a-102(3)Verify source
§ 11-13a-102(4)Subsection 11-13a-102(4)Provision

Source excerpt

This provision defines when a nonprofit corporation is a “governmental nonprofit corporation,” including ownership, control, taxing authority, mandatory fees, and funding tests, and it excludes certain entities.

"Governmental nonprofit corporation" means: a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: that exercises taxing authority; that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. "Governmental nonprofit corporation" does not include: a water company, as that term is defined in Section 16-4-102 , unless the water company is wholly owned by one or more governmental entities; or the Utah Association of Special Districts.
Section 11-13a-102(4)Verify source
§ 11-13a-102(4)(a)Subsection 11-13a-102(4)(a)Provision

Source excerpt

"Governmental nonprofit corporation" means a nonprofit corporation meeting specified government ownership, control, taxing authority, fee, or funding conditions, subject to stated exceptions.

"Governmental nonprofit corporation" means: a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: that exercises taxing authority; that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding.
Section 11-13a-102(4)(a)Verify source
§ 11-13a-102(4)(a)(i)Subsection 11-13a-102(4)(a)(i)Provision

Source excerpt

A nonprofit corporation wholly owned or controlled by one or more governmental entities is included, unless it receives no operating funding or other financial support from any governmental entity.

a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or
Section 11-13a-102(4)(a)(i)Verify source
§ 11-13a-102(4)(a)(ii)Subsection 11-13a-102(4)(a)(ii)Provision

Source excerpt

This provision describes a nonprofit corporation with governmental controlling interest that exercises taxing authority, imposes a mandatory participation fee required by law, or receives most operating funding from governmental entities, unless the funding comes from voluntary membership fees, dues, or assessments.

a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: that exercises taxing authority; that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding.
Section 11-13a-102(4)(a)(ii)Verify source
§ 11-13a-102(4)(a)(ii)(A)Subsection 11-13a-102(4)(a)(ii)(A)Provision

Source excerpt

that exercises taxing authority;

that exercises taxing authority;
Section 11-13a-102(4)(a)(ii)(A)Verify source
§ 11-13a-102(4)(a)(ii)(B)Subsection 11-13a-102(4)(a)(ii)(B)Provision

Source excerpt

that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or

that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or
Section 11-13a-102(4)(a)(ii)(B)Verify source
§ 11-13a-102(4)(a)(ii)(C)Subsection 11-13a-102(4)(a)(ii)(C)Provision

Source excerpt

that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose

that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding.
Section 11-13a-102(4)(a)(ii)(C)Verify source
§ 11-13a-102(4)(b)Subsection 11-13a-102(4)(b)Provision

Source excerpt

A water company is generally excluded from “Governmental nonprofit corporation,” unless it is wholly owned by one or more governmental entities; the Utah Association of Special Districts is also excluded.

"Governmental nonprofit corporation" does not include: a water company, as that term is defined in Section 16-4-102 , unless the water company is wholly owned by one or more governmental entities; or the Utah Association of Special Districts.
Section 11-13a-102(4)(b)Verify source
§ 11-13a-102(4)(b)(i)Subsection 11-13a-102(4)(b)(i)Provision

Source excerpt

A water company defined in Section 16-4-102 is covered, unless it is wholly owned by one or more governmental entities.

a water company, as that term is defined in Section 16-4-102 , unless the water company is wholly owned by one or more governmental entities; or
Section 11-13a-102(4)(b)(i)Verify source
§ 11-13a-102(4)(b)(ii)Subsection 11-13a-102(4)(b)(ii)Provision

Source excerpt

the Utah Association of Special Districts.

the Utah Association of Special Districts.
Section 11-13a-102(4)(b)(ii)Verify source
§ 11-13a-102(5)Subsection 11-13a-102(5)Provision

Source excerpt

“Municipality” means a city or town.

"Municipality" means a city or town.
Section 11-13a-102(5)Verify source

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