S.B. 90 Enrolled

COUNTY OFFICERS SERVING ON BOARDS
OF COUNTY MENTAL HEALTH AND
SUBSTANCE ABUSE PROVIDERS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Thomas

LONG TITLE
General Description:
This bill modifies provisions related to public officers ethics and county officers
disclosures.
Highlighted Provisions:
This bill:
. makes an exception to certain public officers ethics provisions and county officers
disclosure provisions for county legislative body members who also serve on the
governing body of a provider of county mental health and substance abuse services,
if the county legislative body member does not participate in the process of
selecting the provider.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-16a-4, as last amended by Chapter 92, Laws of Utah 1998
67-16-4, as last amended by Chapter 276, Laws of Utah 2000

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-16a-4 is amended to read:

17-16a-4. Prohibited use of official position -- Exception.
(1) [It] Except as provided in Subsection (3), it is an offense for an elected or appointed
officer, under circumstances not amounting to a violation of Section 63-56-72 or 76-8-105 , to:
(a) disclose confidential information acquired by reason of his official position or use
that information to secure special privileges or exemptions for himself or others;
(b) use or attempt to use his official position to secure special privileges for himself or
others; or
(c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan
for himself or another if the gift or loan tends to influence him in the discharge of his official
duties.
(2) This section is inapplicable to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented;
(c) any bona fide loan made in the ordinary course of business; or
(d) political campaign contributions actually used in a political campaign.
(3) A member of a county legislative body who is also a member of the governing board
of a provider of mental health or substance abuse services under contract with the county does
not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the duties and
responsibilities of each position, if the county legislative body member does not participate in the
process of selecting the mental health or substance abuse service provider.
Section 2. Section 67-16-4 is amended to read:
67-16-4. Improperly disclosing or using private, controlled, or protected
information -- Using position to secure privileges or exemptions -- Accepting employment
which would impair independence of judgment or ethical performance -- Exceptions.
(1) [It] Except as provided in Subsection (3), it is an offense for a public officer, public
employee, or legislator, under circumstances not amounting to a violation of Section 63-56-72 or
76-8-105 , to:
(a) accept employment or engage in any business or professional activity that he might

reasonably expect would require or induce him to improperly disclose controlled information that
he has gained by reason of his official position;
(b) disclose or improperly use controlled, private, or protected information acquired by
reason of his official position or in the course of official duties in order to further substantially
the officer's or employee's personal economic interest or to secure special privileges or
exemptions for himself or others;
(c) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges or exemptions for himself or others;
(d) accept other employment that he might expect would impair his independence of
judgment in the performance of his public duties; or
(e) accept other employment that he might expect would interfere with the ethical
performance of his public duties.
(2) (a) Subsection (1) does not apply to the provision of education-related services to
public school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section 53A-1-402.5 .
(3) A county legislative body member who does not participate in the process of
selecting a mental health or substance abuse service provider does not commit an offense under
Subsection (1)(a) or (b) by:
(a) serving also as a member of the governing board of the provider of mental health or
substance abuse services under contract with the county; or
(b) discharging, in good faith, the duties and responsibilities of each position.