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Terms Used In Utah Code 36-11-304.5

  • 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.
  • 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:
              (11)(a)(i) a purchase, payment, or distribution;
              (11)(a)(ii) a loan, gift, or advance;
              (11)(a)(iii) a deposit, subscription, or forbearance;
              (11)(a)(iv) services or goods;
              (11)(a)(v) money;
              (11)(a)(vi) real property;
              (11)(a)(vii) a ticket or admission to an event; or
              (11)(a)(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
  • Government officer: means :
              (15)(a)(i) an individual elected to a position in state or local government, when acting in the capacity of the state or local government position;
              (15)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;
              (15)(a)(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
              (15)(a)(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
  • Lobbyist: means :
              (19)(a)(i) an individual who is employed by a principal; or
              (19)(a)(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
  • 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
  • Public official: means :
         (27)(a)
              (27)(a)(i) a member of the Legislature;
              (27)(a)(ii) an individual elected to a position in the executive branch of state government; or
              (27)(a)(iii) an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual:
                   (27)(a)(iii)(A) occupies a policymaking position or makes purchasing or contracting decisions;
                   (27)(a)(iii)(B) drafts legislation or makes rules;
                   (27)(a)(iii)(C) determines rates or fees; or
                   (27)(a)(iii)(D) makes adjudicative decisions;
         (27)(b) an immediate family member of a person described in Subsection (27)(a);
         (27)(c) a local official; or
         (27)(d) an education official. See Utah Code 36-11-102

     If a lobbyist, principal, or government officer makes an expenditure, in the form of a publication, to a public official, the public official may return the publication to the lobbyist, principal, or government officer, donate the publication to a charity or a government entity, or destroy the publication.