2006 Utah Code - 36-11-102 — Definitions.

     36-11-102.   Definitions.
     As used in this chapter:
     (1) "Aggregate daily expenditures" means the total expenditures made within a 24-hour period.
     (2) "Executive action" means:
     (a) nominations and appointments by the governor;
     (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of any rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
     (c) agency ratemaking proceedings.
     (3) (a) "Expenditure" means any of the items listed in this subsection when given to or for the benefit of a public official or his immediate family:
     (i) a purchase, payment, distribution, loan, gift, advance, deposit, subscription, forbearance, services, or goods, unless consideration of equal or greater value is received; and
     (ii) a contract, promise, or agreement, whether or not legally enforceable, to provide any of the items listed in Subsection (3)(a)(i).
     (b) "Expenditure" does not mean:
     (i) a commercially reasonable loan made in the ordinary course of business;
     (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11, Corrupt Practices in Elections;
     (iii) printed informational material;
     (iv) a devise or inheritance;
     (v) any item listed in Subsection (3)(a) if given by a relative;
     (vi) a modest item of food or refreshment such as a beverage or pastry offered other than as part of a meal;
     (vii) a greeting card or other item of little intrinsic value that is intended solely for presentation;
     (viii) plaques, commendations, or awards; or
     (ix) reimbursement of reasonable expenses for or providing travel, lodging, or meals to a public official when:
     (A) those expenses are directly related to the public official's attendance and participation in a regularly scheduled meeting of an organization, association, or group; and
     (B) that organization, association, or group pays or provides those expenses.
     (4) (a) "Government officer" means:
     (i) an individual elected to a position in state or local government, when acting within his official capacity; or
     (ii) an individual appointed to or employed in a full-time position by state or local government, when acting within the scope of his employment.
     (b) "Government officer" does not mean a member of the legislative branch of state government.
     (5) "Immediate family" means a spouse, a child residing in the household, or an individual claimed as a dependent for tax purposes.
     (6) "Interested person" means an individual defined in Subsections (9)(b)(ii) and (viii).
     (7) "Legislative action" means:
     (a) bills, resolutions, amendments, nominations, and other matters pending or proposed in either house of the Legislature or its committees or requested by a legislator; and

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     (b) the action of the governor in approving or vetoing legislation.
     (8) "Lobbying" means communicating with a public official for the purpose of influencing the passage, defeat, amendment, or postponement of legislative or executive action.
     (9) (a) "Lobbyist" means an individual who is employed by a principal or who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official.
     (b) "Lobbyist" does not include:
     (i) a public official while acting in his official capacity on matters pertaining to his office or a state employee while acting within the scope of his employment;
     (ii) any person appearing at, or providing written comments to, a hearing conducted in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act or Title 63, Chapter 46b, Administrative Procedures Act;
     (iii) any person participating on or appearing before an advisory or study task force, commission, board, or committee, constituted by the Legislature or any agency or department of state government, except legislative standing, appropriation, or interim committees;
     (iv) a representative of a political party;
     (v) an individual representing a bona fide church solely for the purpose of protecting the right to practice the religious doctrines of the church unless the individual or church makes an expenditure that confers a benefit on a public official;
     (vi) a newspaper, television station or network, radio station or network, periodical of general circulation, or book publisher for the purpose of publishing news items, editorials, other comments, or paid advertisements that directly or indirectly urge legislative or executive action;
     (vii) an elected official of a local government while acting within the scope of his official capacity on matters pertaining to his office or an employee of a local government while acting within the scope of his employment; or
     (viii) an individual who appears on his own behalf before a committee of the Legislature or an executive branch agency solely for the purpose of testifying in support of or in opposition to legislative or executive action.
     (10) "Person" includes individuals, bodies politic and corporate, partnerships, associations, and companies.
     (11) "Principal" means a person who employs a lobbyist either as an employee or as an independent contractor.
     (12) "Public official" means:
     (a) a member of the Legislature;
     (b) an individual elected to a position in the executive branch; or
     (c) an individual appointed to or employed in the executive or legislative branch if that individual:
     (i) occupies a policymaking position or makes purchasing or contracting decisions;
     (ii) drafts legislation or makes rules;
     (iii) determines rates or fees; or
     (iv) makes adjudicative decisions.
     (13) "Related person" means any person, or agent or employee of a person, who knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying.
     (14) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse of

any of these individuals.

Amended by Chapter 13, 1998 General Session