§ 36-11-201 Lobbyist, principal, and government officer financial reporting requirements — Prohibition for related person to make expenditures

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Terms Used In Utah Code > Title 36 > Chapter 11 > Part 2 - Disclosure of Expenditures

  • 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
  • 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 action: means :
         (7)(a) a resolution, policy, or other official action for consideration by a board of education;
         (7)(b) a nomination or appointment by an education official or a board of education;
         (7)(c) a vote on an administrative action taken by a vote of a board of education;
         (7)(d) an adjudicative proceeding over which an education official has direct or indirect control;
         (7)(e) a purchasing or contracting decision;
         (7)(f) drafting or making a policy, resolution, or rule;
         (7)(g) determining a rate or fee; or
         (7)(h) making an adjudicative decision. 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
  • Executive action: means :
         (10)(a) a nomination or appointment by the governor;
         (10)(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;
         (10)(c) agency ratemaking proceedings; or
         (10)(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:
              (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
  • 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 :
              (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 action: means :
         (21)(a) an ordinance or resolution for consideration by a local government;
         (21)(b) a nomination or appointment by a local official or a local government;
         (21)(c) a vote on an administrative action taken by a vote of a local government's legislative body;
         (21)(d) an adjudicative proceeding over which a local official has direct or indirect control;
         (21)(e) a purchasing or contracting decision;
         (21)(f) drafting or making a policy, resolution, or rule;
         (21)(g) determining a rate or fee; or
         (21)(h) making an adjudicative decision. 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
  • 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
  • Public official type: means a notation to identify whether a public official is:
         (28)(a)
              (28)(a)(i) a member of the Legislature;
              (28)(a)(ii) an individual elected to a position in the executive branch of state government;
              (28)(a)(iii) an individual appointed to or employed in a position in the legislative branch of state government who meets the definition of public official under Subsection (27)(a)(iii);
              (28)(a)(iv) an individual appointed to or employed in a position in the executive branch of state government who meets the definition of public official under Subsection (27)(a)(iii);
              (28)(a)(v) a local official, including a description of the type of local government for which the individual is a local official; or
              (28)(a)(vi) an education official, including a description of the type of board of education for which the individual is an education official; or
         (28)(b) an immediate family member of an individual described in Subsection (27)(a), (c), or (d). See Utah Code 36-11-102
  • Quarterly reporting period: means the three-month period covered by each financial report required under Subsection 36-11-201(2)(a). See Utah Code 36-11-102
  • Related person: means a person, agent, or employee who knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying. See Utah Code 36-11-102