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H.B. 435 Enrolled

    

REPORTS AND NOTICES AMENDMENTS

    
1998 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Gene Davis

    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MODIFYING CERTAIN
    RESTRICTIONS ON REPORTS AND NOTICES PREPARED BY GOVERNMENT
    ENTITIES; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         63-93-201, as enacted by Chapter 256, Laws of Utah 1997
         63-93-202, as enacted by Chapter 256, Laws of Utah 1997
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63-93-201 is amended to read:
         63-93-201. Prohibition.
        (1) Except as provided in [Subsections] Subsection (2) [and (3)], a government entity may
    not include, as part of any report, the photograph[,] or likeness[, name, or signature] of any elected
    official.
        [(2) Notwithstanding Subsection (1), a report may contain the name or signature of an
    elected official if the name or signature is required for attribution.]
        [(3) Notwithstanding Subsection (1), a]
        (2) A report may contain the photograph[,] or likeness[, name, or signature] of the chief
    executive officer of a government entity if the report is promotional literature.
        Section 2. Section 63-93-202 is amended to read:
         63-93-202. Penalties.
        If an elected official's photograph[,] or 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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