Terms Used In Utah Code > Title 36 > Chapter 11 > Part 3 - Regulation of Lobbyists' Activities

• Aggregate daily expenditures: means :

  (a)	for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official;

  (b)	for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or

  (c)

  for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Approved activity: means an event, a tour, or a meeting: (a)  (i)  to which a legislator or another nonexecutive branch public official is invited; and (ii)  attendance at which is approved by: (A)  the speaker of the House of Representatives, if the public official is a member of the House of Representatives or another nonexecutive branch public official; or (B)  the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or (b)  (i)  to which a public official who holds a position in the executive branch of state government is invited; and (ii)  attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102 Arrest: Taking physical custody of a person by lawful authority. Board of education: means : (a)  a local school board described in Title 53G, Chapter 4, School Districts; (b)  the State Board of Education; (c)  the State Charter School Board created under Section 53G-5-201; or (d)  a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102 Capitol hill complex: means the same as that term is defined in Section 63C-9-102. See Utah Code 36-11-102 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Compensation: includes : (i)  a salary or commission; (ii)  a bonus; (iii)  a benefit; (iv)  a contribution to a retirement program or account; (v)  a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law; (vi)  an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or (vii)  income based on an individual's ownership interest. See Utah Code 36-11-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Education official: means : (a)  a member of a board of education; (b)  an individual appointed to or employed in a position under a board of education, if that individual: (i)  occupies a policymaking position or makes purchasing or contracting decisions; (ii)  drafts resolutions or policies or drafts or makes rules; (iii)  determines rates or fees; (iv)  makes decisions relating to an education budget or the expenditure of public money; or (v)  makes adjudicative decisions; or (c)  an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive action: means : (a)  a nomination or appointment by the governor; (b)  the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c)  agency ratemaking proceedings; or (d)  an adjudicative proceeding of a state agency. See Utah Code 36-11-102 Expenditure: means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received: (i)  a purchase, payment, or distribution; (ii)  a loan, gift, or advance; (iii)  a deposit, subscription, or forbearance; (iv)  services or goods; (v)  money; (vi)  real property; (vii)  a ticket or admission to an event; or (viii)  a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii). See Utah Code 36-11-102 Food reimbursement rate: means the total amount set by the director of the Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an employee of the executive branch, for an entire day. See Utah Code 36-11-102 Foreign agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102 Government officer: means : (i)  an individual elected to a position in state or local government, when acting in the capacity of the state or local government position; (ii)  an individual elected to a board of education, when acting in the capacity of a member of a board of education; (iii)  an individual appointed to fill a vacancy in a position described in Subsection (15)(a)(i) or (ii), when acting in the capacity of the position; or (iv)  an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 36-11-102 Legislative action: means : (a)  a bill, resolution, amendment, nomination, veto override, or other matter pending or proposed in either house of the Legislature or its committees or requested by a legislator; and (b)  the action of the governor in approving or vetoing legislation. See Utah Code 36-11-102 Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102 Lobbyist: means : (i)  an individual who is employed by a principal; or (ii)  an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102 Local government: means : (a)  a county, city, town, or metro township; (b)  a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts; (c)  a special service district governed by Title 17D, Chapter 1, Special Service District Act; (d)  a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (e)  a conservation district governed by Title 17D, Chapter 3, Conservation District Act; (f)  a redevelopment agency; or (g)  an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102 Local official: means : (a)  an elected member of a local government; (b)  an individual appointed to or employed in a position in a local government if that individual: (i)  occupies a policymaking position or makes purchasing or contracting decisions; (ii)  drafts ordinances or resolutions or drafts or makes rules; (iii)  determines rates or fees; or (iv)  makes adjudicative decisions; or (c)  an immediate family member of an individual described in Subsection (23)(a) or (b). See Utah Code 36-11-102 Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102 Person: means :Utah Code 68-3-12.5 Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public official: means : (a)  (i)  a member of the Legislature; (ii)  an individual elected to a position in the executive branch of state government; or (iii)  an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual: (A)  occupies a policymaking position or makes purchasing or contracting decisions; (B)  drafts legislation or makes rules; (C)  determines rates or fees; or (D)  makes adjudicative decisions; (b)  an immediate family member of a person described in Subsection (27)(a); (c)  a local official; or (d)  an education official. See Utah Code 36-11-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tour: means visiting a location, for a purpose relating to the duties of a public official, and not primarily for entertainment, including: (a)  viewing a facility; (b)  viewing the sight of a natural disaster; or (c)  assessing a circumstance in relation to which a public official may need to take action within the scope of the public official's duties. See Utah Code 36-11-102 Venue: The geographical location in which a case is tried. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Writing: includes :Utah Code 68-3-12.5