53-1-102. Definitions.
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Effective 5/6/2026
53-1-102. Definitions.
(1)As used in this title:
(a)"Capitol hill complex" means capitol hill, as defined in Section 63O-1-101 .
(b)"Commissioner" means the commissioner of public safety appointed under Section 53-1-107 .
(c)"Department" means the Department of Public Safety created in Section 53-1-103 .
(d)"Governor-elect" means an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor.
(e)"Institution of higher education" means the same as that term is defined in Section 53H-1-101 .
(f)"Law enforcement agency" means an entity or division of:
(A)the federal government, a state, or a political subdivision of a state;
(B)an institution of higher education; or
(C)a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19 , Certification of Private Law Enforcement Agency; and
(ii)that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances.
(g)"Law enforcement officer" means the same as that term is defined in Section 53-13-103 .
(h)"Motor vehicle" means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power.
(i)"Peace officer" means any officer certified in accordance with Title 53, Chapter 13 , Peace Officer Classifications.
(j)"Public official" means:
(i)a member of the Legislature;
(ii)an individual elected to a position in the executive branch of state government;
(iii)an individual appointed to or employed in a position in the executive or legislative branch of state government, if that individual:
(A)occupies a policymaking position;
(B)makes purchasing or contracting decisions;
(C)drafts legislation or makes rules;
(D)determines rates or fees; or
(E)makes adjudicative decisions;
(iv)an elected member of a local government, as defined in Section 36-11-102 ;
(v)an individual appointed to or employed in a position in a local government, as defined in Section 36-11-102 , if that individual:
(A)occupies a policymaking position;
(B)makes purchasing or contracting decisions;
(C)drafts ordinances or resolutions, or drafts or makes rules;
(D)determines rates or fees; or
(E)makes adjudicative decisions;
(vi)a member of a board of education, as defined in Section 36-11-102 ;
(vii)an individual appointed to or employed in a position under a board of education, as defined in Section 36-11-102 , if that individual:
(A)occupies a policymaking position;
(B)makes purchasing or contracting decisions;
(C)drafts resolutions or policies, or drafts or makes rules;
(D)determines rates or fees;
(E)makes decisions relating to an education budget or the expenditure of public money; or
(F)makes adjudicative decisions; or
(viii)an immediate family member of an individual described in Subsections (1)(i)(i) through
(vii).
(k)"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
(2)The definitions provided in Subsection
(1)are to be applied throughout this title in addition to definitions that are applicable to specific chapters or parts.
Amended by Chapter 49 , 2026 General Session