H.B. 99 Enrolled

REQUIREMENTS OF STATUTORILY
REQUIRED REPORTS AND NOTICES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David M. Jones
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; PROHIBITING THE
PHOTOGRAPH, LIKENESS, NAME, AND SIGNATURE FROM APPEARING ON
CERTAIN GOVERNMENT REPORTS; AND DEFINING TERMS AND PENALTIES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63-93-101, Utah Code Annotated 1953
63-93-102, Utah Code Annotated 1953
63-93-201, Utah Code Annotated 1953
63-93-202, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-93-101 is enacted to read:
CHAPTER 93. REPORTS AND NOTICES
63-93-101. Title.
This chapter shall be known as "Reports and Notices."
Section 2. Section 63-93-102 is enacted to read:
63-93-102. Definitions.
As used in this chapter:
(1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a
report.
(2) "Chief executive officer" means:
(a) the governor, for the state;
(b) the chair of the county commission or the county executive, for a county; and
(c) the mayor, for a municipality, or if governed under a council-manager form of
government, the chair of the council.

(3) "Government entity" includes the state, its agencies and institutions, each county,
municipality, school district, and special district in Utah.
(4) "Promotional literature" means reports whose primary or secondary purpose is to provide
nonresidents with information about the government entity that produced the report.
(5) (a) "Report" means each account, statement, record of proceedings, summary of
activities, and other written or printed document required by statute that is prepared or produced by
a government entity that is distributed to the public.
(b) "Report" does not mean written or printed documents whose primary purpose is to
provide biographical information about government officials.
Section 3. Section 63-93-201 is enacted to read:
63-93-201. Prohibition -- Penalty.
(1) (a) Except as provided in Subsections (b) and (c), a government entity may not include,
as part of any report, the photograph, likeness, name, or signature of any elected official.
(b) Notwithstanding Subsection (a), a report may contain the name or signature of an elected
official if the name or signature is required for attribution.
(c) Notwithstanding Subsection (a), a report may contain the photograph, likeness, name,
or signature of the chief executive officer of a government entity if the report is promotional
literature.
Section 4. Section 63-93-202 is enacted to read:
63-93-202. Penalties.
If an elected official's photograph, likeness, name, or signature appears on any report in
violation of this section that was prepared under the authority or at the direction of the elected
official, that elected official is personally liable for the cost of preparing and distributing the report.

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