H.B. 99

1

REQUIREMENTS OF STATUTORILY
2 REQUIRED REPORTS AND NOTICES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David M. Jones
6 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; PROHIBITING THE
7 PHOTOGRAPH, LIKENESS, NAME, AND SIGNATURE FROM APPEARING ON
8 CERTAIN GOVERNMENT REPORTS; AND DEFINING TERMS AND PENALTIES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 63-93-101, Utah Code Annotated 1953
12 63-93-102, Utah Code Annotated 1953
13 63-93-201, Utah Code Annotated 1953
14 63-93-202, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 63-93-101 is enacted to read:
17 CHAPTER 93. REPORTS AND NOTICES
18 63-93-101. Short title.
19 This chapter shall be known as "Reports and Notices."
20 Section 2. Section 63-93-102 is enacted to read:
21 63-93-102. Definitions.
22 As used in this chapter:
23 (1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a
24 report.
25 (2) "Chief executive officer" means:
26 (a) the governor, for the state;
27 (b) the chair of the county commission or the county executive, for a county; and

1 (c) the mayor, for a municipality, or if governed under a council-manager form of
2 government, the chair of the council.
3 (3) "Government entity" includes the state, its agencies and institutions, each county,
4 municipality, school district, and special district in Utah.
5 (4) "Promotional literature" means reports whose primary or secondary purpose is to
6 provide nonresidents with information about the government entity that produced the report.
7 (5) (a) "Report" means each account, statement, record of proceedings, summary of
8 activities, h [or ] AND h other written or printed document h REQUIRED BY STATUTE THAT IS h
8a prepared or produced by a government entity that
9 is distributed to the public.
10 (b) "Report" does not mean written or printed documents whose primary purpose is to
11 provide biographical information about government officials.
12 Section 3. Section 63-93-201 is enacted to read:
13 63-93-201. Prohibition -- Penalty.
14 (1) (a) Except as provided in Subsections (b) and (c), a government entity may not include,
15 as part of any report, the photograph, likeness, name, or signature of any elected official.
16 (b) Notwithstanding Subsection (a), a report may contain the name or signature of an
17 elected official if the name or signature is required for attribution.
18 (c) Notwithstanding Subsection (a), a report may contain the photograph, likeness, name,
19 or signature of the chief executive officer of a government entity if the report is promotional
20 literature.
21 Section 4. Section 63-93-202 is enacted to read:
22 63-93-202. Penalties.
23 If an elected official's photograph, likeness, name, or signature appears on any report in
24 violation of this section h THAT WAS PREPARED UNDER THE AUTHORITY OR AT THE DIRECTION OF
24a THE ELECTED OFFICIAL h , that elected official is personally liable for the cost of preparing and
25 distributing the report.

lilac-February 24, 1997

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Legislative Review Note
as of 1-14-97 11:03 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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