Utah Code 67-16-3. Definitions

As used in this chapter:

(1)

“Agency” means:

Terms Used In Utah Code 67-16-3

Agency: means :

(a)	any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or

(b)

an association as defined in Section 53G-7-1101. See Utah Code 67-16-3

Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 67-16-3

Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 67-16-3

Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 67-16-3

Contract: A legal written agreement that becomes binding when signed.

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.

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Political subdivision: means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county. See Utah Code 67-16-3

Property: includes both real and personal property. See Utah Code 68-3-12.5

Public officer: means an elected or appointed officer:

(i)

(A)	of the state;

(B)	of a political subdivision of the state; or

(C)	an association as defined in Section 53G-7-1101; and

(ii)	who occupies a policymaking post. See Utah Code 67-16-3 State: means the state of Utah. See Utah Code 67-16-3
(a)	any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or

(b)	an association as defined in Section 53G-7-1101.

(2)	“Agency head” means the chief executive or administrative officer of any agency.

(3)

“Assist” means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity.

(4)	“Business entity” means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business.

(5)

“Compensation” means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever.

(6)	“Controlled, private, or protected information” means information classified as controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and Management Act, or other applicable provision of law.

(7)

“Governmental action” means any action on the part of the state, a political subdivision, or an agency, including:

(a)	any decision, determination, finding, ruling, or order; and

(b)	any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to.

(8)	“Improper disclosure” means disclosure of controlled, private, or protected information to any person who does not have the right to receive the information.

(9)

“Legislative employee” means any officer or employee of the Legislature, or any committee of the Legislature, who is appointed or employed to serve, either with or without compensation, for an aggregate of less than 800 hours during any period of 365 days. “Legislative employee” does not include legislators.

(10)	“Legislator” means a member or member-elect of either house of the Legislature of the state of Utah.

(11)	“Political subdivision” means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county.

(12)

(a)

“Public employee” means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:

(i)	the state;

(ii)	a political subdivision of the state; or

(iii)

an association as defined in Section 53G-7-1101.

(b)	“Public employee” does not include legislators or legislative employees.

(13)

(a)

“Public officer” means an elected or appointed officer:

(i)

(A)	of the state;

(B)	of a political subdivision of the state; or

(C)	an association as defined in Section 53G-7-1101; and

(ii)	who occupies a policymaking post.

(b)	“Public officer” does not include legislators or legislative employees.

(14)	“State” means the state of Utah.

(15)	“Substantial interest” means the ownership, either legally or equitably, by an individual, the individual’s spouse, or the individual’s minor children, of at least 10% of the outstanding capital stock of a corporation or a 10% interest in any other business entity.

Amended by Chapter 415, 2018 General Session

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