20A-11-1202 - Definitions.
20A-11-1202. Definitions.
As used in this part:
(1) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicialretention questions, opinion questions, bond approvals, or other questions submitted to the votersfor their approval or rejection.
(2) (a) "Commercial interlocal cooperation agency" means an interlocal cooperationagency that receives its revenues from conduct of its commercial operations.
(b) "Commercial interlocal cooperation agency" does not mean an interlocal cooperationagency that receives some or all of its revenues from:
(i) government appropriations;
(ii) taxes;
(iii) government fees imposed for regulatory or revenue raising purposes; or
(iv) interest earned on public funds or other returns on investment of public funds.
(3) "Expenditure" means:
(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, oranything of value;
(b) an express, legally enforceable contract, promise, or agreement to make any purchase,payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
(c) a transfer of funds between a public entity and a candidate's personal campaigncommittee;
(d) a transfer of funds between a public entity and a political issues committee; or
(e) goods or services provided to or for the benefit of a candidate, a candidate's personalcampaign committee, or a political issues committee for political purposes at less than fairmarket value.
(4) "Governmental interlocal cooperation agency" means an interlocal cooperationagency that receives some or all of its revenues from:
(a) government appropriations;
(b) taxes;
(c) government fees imposed for regulatory or revenue raising purposes; or
(d) interest earned on public funds or other returns on investment of public funds.
(5) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
(b) "Influence" does not mean providing a brief statement about a public entity's positionon a ballot proposition and the reason for that position.
(6) "Interlocal cooperation agency" means an entity created by interlocal agreementunder the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
(7) "Local district" means an entity under Title 17B, Limited Purpose Local GovernmentEntities - Local Districts, and includes a special service district under Title 17D, Chapter 1,Special Service District Act.
(8) "Political purposes" means an act done with the intent or in a way to influence orintend to influence, directly or indirectly, any person to refrain from voting or to vote for oragainst any candidate for public office at any caucus, political convention, primary, or election.
(9) (a) "Public entity" includes the state, each state agency, each county, municipality,school district, local district, governmental interlocal cooperation agency, and eachadministrative subunit of each of them.
(b) "Public entity" does not include a commercial interlocal cooperation agency.
(c) "Public entity" includes local health departments created under Title 26, Chapter 1,Department of Health Organization.
(10) (a) "Public funds" means any money received by a public entity from appropriations,taxes, fees, interest, or other returns on investment.
(b) "Public funds" does not include money donated to a public entity by a person orentity.
(11) (a) "Public official" means an elected or appointed member of government withauthority to make or determine public policy.
(b) "Public official" includes the person or group that:
(i) has supervisory authority over the personnel and affairs of a public entity; and
(ii) approves the expenditure of funds for the public entity.
(12) (a) "State agency" means each department, commission, board, council, agency,institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,unit, bureau, panel, or other administrative unit of the state.
(b) "State agency" includes the legislative branch, the Board of Regents, the institutionalcouncils of each higher education institution, and each higher education institution.
Amended by Chapter 60, 2009 General Session