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H.B. 435

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REPORTS AND NOTICES AMENDMENTS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Gene Davis

5    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MODIFYING CERTAIN
6    RESTRICTIONS ON REPORTS AND NOTICES PREPARED BY GOVERNMENT
7    ENTITIES; AND MAKING TECHNICAL CORRECTIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         63-93-201, as enacted by Chapter 256, Laws of Utah 1997
11         63-93-202, as enacted by Chapter 256, Laws of Utah 1997
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 63-93-201 is amended to read:
14         63-93-201. Prohibition -- Penalty.
15        (1) Except as provided in [Subsections] Subsection (2) [and (3)], a government entity may
16    not include, as part of any report, the photograph[,] or likeness[, name, or signature] of any elected
17    official.
18        [(2) Notwithstanding Subsection (1), a report may contain the name or signature of an
19    elected official if the name or signature is required for attribution.]
20        [(3) Notwithstanding Subsection (1), a]
21        (2) A report may contain the photograph[,] or likeness[, name, or signature] of the chief
22    executive officer of a government entity if the report is promotional literature.
23        Section 2. Section 63-93-202 is amended to read:
24         63-93-202. Penalties.
25        If an elected official's photograph[,] or likeness[, name, or signature] appears on any report
26    in violation of this section that was prepared under the authority or at the direction of the elected
27    official, that elected official is personally liable for the cost of preparing and distributing the report.






Legislative Review Note
    as of 2-13-98 2:52 PM


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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