| (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:
| (i) |
| (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 |
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| (ii) | that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. |
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| (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; |
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| (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; |
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| (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 |
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| (viii) | an immediate family member of an individual described in Subsections (1)(i)(i) through (vii). |
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| (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. |
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