H.B. 352

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 27, 2013 at 11:22 AM by lerror. --> 1

COUNTY GOVERNMENT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Derek E. Brown
5 Senate Sponsor: Brian E. Shiozawa
6
7 LONG TITLE
8 General Description:
9 This bill authorizes a county or county official to encourage support for certain
10 beneficial organizations or activities.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a county or county official to encourage support for certain beneficial
14 organizations or activities H. [ . ] ; and
14a . makes clarifying amendments. .H
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 17-16a-4 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 347
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 17-16a-4 (Effective 05/01/13) is amended to read:
25 17-16a-4 (Effective 05/01/13). Prohibited use of official position -- Exception.
26 (1) Except as provided in Subsection (3), it is an offense for an elected or appointed
27 officer, under circumstances not amounting to a violation of Section 63G-6a-2304 or 76-8-105 ,

28 to:
29 (a) disclose confidential information acquired by reason of the officer's official position
30 or use that information to secure special privileges or exemptions for himself or others;
31 (b) use or attempt to use the officer's official position to secure special privileges for
32 the officer or for others; or
33 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
34 loan for the officer or for another, if the gift or loan tends to influence the officer in the
35 discharge of the officer's official duties.
36 (2) This section is inapplicable to:
37 (a) an occasional nonpecuniary gift having a value of less than $50;
38 (b) an award publicly presented;
39 (c) any bona fide loan made in the ordinary course of business; or
40 (d) political campaign contributions H. [ actually used in a political campaign ] subject to
40a Section 17-16-6.5 .H .
41 (3) A member of a county legislative body who is also a member of the governing
42 board of a provider of mental health or substance abuse services under contract with the county
43 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
44 duties and responsibilities of each position, if the county legislative body member does not
45 participate in the process of selecting the mental health or substance abuse service provider.
46 (4) Notwithstanding the provisions of this section, a county or county official may
47 encourage support from a public or private individual or institution, whether in financial
48 contributions or by other means, on behalf of an organization or activity that benefits the
49 community.




Legislative Review Note
as of 2-20-13 11:59 AM

Office of Legislative Research and General Counsel

[Bill Documents]