(1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government officer may not make or offer to make aggregate daily expenditures that exceed:

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Terms Used In Utah Code 36-11-304

  • Aggregate daily expenditures: means :
         (1)(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;
         (1)(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
         (1)(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
  • Approved activity: means an event, a tour, or a meeting:
         (2)(a)
              (2)(a)(i) to which a legislator or another nonexecutive branch public official is invited; and
              (2)(a)(ii) attendance at which is approved by:
                   (2)(a)(ii)(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
                   (2)(a)(ii)(B) the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or
         (2)(b)
              (2)(b)(i) to which a public official who holds a position in the executive branch of state government is invited; and
              (2)(b)(ii) attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102
  • Board of education: means :
         (3)(a) a local school board described in Title 53G, Chapter 4, School Districts;
         (3)(b) the State Board of Education;
         (3)(c) the State Charter School Board created under Section 53G-5-201; or
         (3)(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102
  • Education official: means :
         (8)(a) a member of a board of education;
         (8)(b) an individual appointed to or employed in a position under a board of education, if that individual:
              (8)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;
              (8)(b)(ii) drafts resolutions or policies or drafts or makes rules;
              (8)(b)(iii) determines rates or fees;
              (8)(b)(iv) makes decisions relating to an education budget or the expenditure of public money; or
              (8)(b)(v) makes adjudicative decisions; or
         (8)(c) an immediate family member of an individual described in Subsection (8)(a) or (b). 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:
              (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
  • 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
  • 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
  • Local government: means :
         (22)(a) a county, city, or town;
         (22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;
         (22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;
         (22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
         (22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
         (22)(f) a redevelopment agency; or
         (22)(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 :
         (23)(a) an elected member of a local government;
         (23)(b) an individual appointed to or employed in a position in a local government if that individual:
              (23)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;
              (23)(b)(ii) drafts ordinances or resolutions or drafts or makes rules;
              (23)(b)(iii) determines rates or fees; or
              (23)(b)(iv) makes adjudicative decisions; or
         (23)(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
  • 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
  • Tour: means visiting a location, for a purpose relating to the duties of a public official, and not primarily for entertainment, including:
         (32)(a) viewing a facility;
         (32)(b) viewing the sight of a natural disaster; or
         (32)(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
     (1)(a) for food or beverage, the food reimbursement rate; or
     (1)(b) $10 for expenditures other than food or beverage.
(2) A lobbyist, principal, or government officer may make aggregate daily expenditures that exceed the limits described in Subsection (1):

     (2)(a) for the following items, if the expenditure is reported in accordance with Section 36-11-201:

          (2)(a)(i) food;
          (2)(a)(ii) beverage;
          (2)(a)(iii) travel;
          (2)(a)(iv) lodging; or
          (2)(a)(v) admission to or attendance at a tour or meeting that is not an approved activity; or
     (2)(b) if the expenditure is made for a purpose solely unrelated to the public official‘s position as a public official.
(3)

     (3)(a) As used in this Subsection (3), “same local government type” means:

          (3)(a)(i) for a county government, the same county government or another county government;
          (3)(a)(ii) for a municipal government, the same municipal government or another municipal government;
          (3)(a)(iii) for a board of education, the same board of education;
          (3)(a)(iv) for a local school board described in Title 53G, Chapter 4, School Districts, the same local school board or another local school board;
          (3)(a)(v) for a special district, the same special district or another special district or a special service district;
          (3)(a)(vi) for a special service district, the same special service district or another special service district or a special district; or
          (3)(a)(vii) for a participant in an interlocal agreement, another participant in the same interlocal agreement.
     (3)(b) This section does not apply to an expenditure made by a local official or an education official to another local official or education official of the same local government type as the local official or education official making the expenditure.
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