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

• 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
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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
• Capitol hill complex: means capitol hill, as defined in Section 63O-1-101. 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Compensation: includes :
            (5)(b)(i) a salary or commission;
            (5)(b)(ii) a bonus;
            (5)(b)(iii) a benefit;
            (5)(b)(iv) a contribution to a retirement program or account;
            (5)(b)(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;
            (5)(b)(vi) an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or
            (5)(b)(vii) income based on an individual's ownership interest. See Utah Code 36-11-102
• Contract: A legal written agreement that becomes binding when signed.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• 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 :
       (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
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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 :
            (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
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legislative action: means :
       (17)(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
       (17)(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 :
            (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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• 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
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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 :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5