Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 73 Second Substitute (2015GS)

Sponsor

Rep. Cutler, B. R.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "relative" to include a grandparent, stepchild, and grandchild.

Every vote on this bill

Bill text

NEPOTISM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bruce R. Cutler
Senate Sponsor: 
 Jani Iwamoto
LONG TITLE
General Description:
This bill amends provisions prohibiting a public officer from employing a relative.
Highlighted Provisions:
This bill:
▸ amends the definition of "relative" to include a grandparent, stepchild, and
grandchild.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-3-1
, as last amended by Laws of Utah 2010, Chapter 324
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-3-1
 is amended to read:
52-3-1.
Employment of relatives prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
from public funds.
(b) "Chief administrative officer" means the person who has ultimate responsibility for
the operation of the department or agency of the state or a political subdivision.
(c) "Public officer" means a person who holds a position that is compensated by public
funds.
(d) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
grandfather, grandmother,
 uncle, aunt, nephew, niece, 
grandson, granddaughter,
 first cousin,
mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, [
or
] daughter-in-law
,
stepdaughter, or stepson
.
(2) (a) No public officer may employ, appoint, or vote for or recommend the
appointment of a relative in or to any position or employment, when the salary, wages, pay, or
compensation of the appointee will be paid from public funds and the appointee will be directly
supervised by a relative, except as follows:
(i) the appointee is eligible or qualified to be employed by a department or agency of
the state or a political subdivision of the state as a result of his compliance with civil service
laws or regulations, or merit system laws or regulations;
(ii) the appointee will be compensated from funds designated for vocational training;
(iii) the appointee will be employed for a period of 12 weeks or less;
(iv) the appointee is a volunteer as defined by the employing entity;
(v) the appointee is the only person available, qualified, or eligible for the position; or
(vi) the chief administrative officer determines that the public officer is the only person
available or best qualified to perform supervisory functions for the appointee.
(b) No public officer may directly supervise an appointee who is a relative when the
salary, wages, pay, or compensation of the relative will be paid from public funds, except as
follows:
(i) the relative was appointed or employed before the public officer assumed his
position, if the relative's appointment did not violate the provisions of this chapter in effect at
the time of his appointment;
(ii) the appointee is eligible or qualified to be employed by a department or agency of
the state or a political subdivision of the state as a result of his compliance with civil service
laws or regulations, or merit system laws or regulations;
(iii) the appointee will be compensated from funds designated for vocational training;
(iv) the appointee will be employed for a period of 12 weeks or less;
(v) the appointee is a volunteer as defined by the employing entity;
(vi) the appointee is the only person available, qualified, or eligible for the position; or
(vii) the chief administrative officer determines that the public officer is the only
person available or best qualified to perform supervisory functions for the appointee.
(c) When a public officer supervises a relative under Subsection (2)(b):
(i) the public officer shall make a complete written disclosure of the relationship to the
chief administrative officer of the agency or institution; and
(ii) the public officer who exercises authority over a relative may not evaluate the
relative's job performance or recommend salary increases for the relative.
(3) No appointee may accept or retain employment if he is paid from public funds, and
he is under the direct supervision of a relative, except as follows:
(a) the relative was appointed or employed before the public officer assumed his
position, if the relative's appointment did not violate the provisions of this chapter in effect at
the time of his appointment;
(b) the appointee was or is eligible or qualified to be employed by a department or
agency of the state or a political subdivision of the state as a result of his compliance with civil
service laws or regulations, or merit system laws or regulations;
(c) the appointee is the only person available, qualified, or eligible for the position;
(d) the appointee is compensated from funds designated for vocational training;
(e) the appointee is employed for a period of 12 weeks or less;
(f) the appointee is a volunteer as defined by the employing entity; or
(g) the chief administrative officer has determined that the appointee's relative is the
only person available or qualified to supervise the appointee.
Legislative Review Note
 as of 12-19-14 11:50 AM
Office of Legislative Research and General Counsel