Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 133 First Substitute (2018GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• expands nepotism provisions of Title 52, Chapter 3, Prohibiting Employment of Relatives, to include a dating partner; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EMPLOYMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill expands nepotism provisions of Title 52, Chapter 3, Prohibiting Employment
of Relatives, to include a dating partner.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ expands nepotism provisions of Title 52, Chapter 3, Prohibiting Employment of
Relatives, to include a dating partner; and
▸ makes technical and conforming changes.
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 2015, Chapter 56
52-3-2
, Utah Code Annotated 1953
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
] 
As used in this chapter
:
(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) "Dating partner" means an individual with whom another individual has a dating
relationship.
(d) "Dating relationship" means an interpersonal relationship of a:
(i) sexually intimate nature; or
(ii) romantic nature, regardless of whether the relationship involves sexual intimacy.
[
(c)
] 
(e)
 "Public officer" means a person who holds a position that is compensated by
public funds.
[
(d)
] 
(f)
 "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
, or dating partner
.
(2) In determining, based on a totality of circumstances, whether a dating relationship
exists under Subsection (1)(d):
(a) a person shall consider all relevant factors, including:
(i) whether the individuals have developed interpersonal bonding above a mere casual
fraternization;
(ii) the length of the individuals' relationship;
(iii) the nature and the frequency of the individuals' interactions, including
communications indicating that the individuals intended to begin a dating relationship;
(iv) the ongoing expectations of the individuals, individually or jointly, with respect to
the relationship;
(v) whether, by statement or conduct, the individuals demonstrated an affirmation of
their relationship to others; and
(vi) whether other reasons exist that support or detract from a finding that a dating
relationship exists; and
(b) it is not necessary that a person find all, or a particular number, of the factors
described in Subsection (2)(a) to support the existence of a dating relationship.
[
(2) (a)
] 
(3) (a)
 [
No
] 
A
 public officer may 
not
 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
] 
an
appointee when
 the appointee will be directly supervised by a relative, [
except as follows
]
unless
:
(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
] 
the appointee's
 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; or
(v) the chief administrative officer determines that the appointee is the only or best
person available, qualified, or eligible for the position.
(b) [
No
] 
A
 public officer may 
not
 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
] 
of the public officer, unless
:
(i) the [
relative
] 
appointee
 was appointed or employed before the public officer
assumed [
his
] 
the public officer's supervisory
 position, if the [
relative's
] 
appointee's
appointment did not violate the provisions of this chapter in effect at the time of [
his
] 
the
appointee's
 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
] 
the appointee's
 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
] 
individual
 available or best qualified to perform supervisory functions for the
appointee.
(c) When a public officer supervises a relative under Subsection [
(2)
] 
(3)
(b):
(i) the public officer shall [
make
] 
immediately submit
 a complete written disclosure of
the [
relationship to the chief administrative officer of the agency or institution; and
] 
public
officer's relationship with the relative:
(A) for a public officer subject to the requirements of Title 67, Chapter 16, Utah Public
Officers' and Employees' Ethics Act, in the same manner the public officer is required to make
a disclosure under Section 
67-16-7
;
(B) for a public officer subject to the requirements of Title 17, Chapter 16a, County
Officers and Employees Disclosure Act, in the same manner the public officer is required to
make a disclosure under Section 
17-16a-6
; and
(C) for a public officer subject to the requirements of Title 10, Chapter 3, Part 13,
Municipal Officers' and Employees' Ethics Act, in the same manner the public officer is
required to make a disclosure under Section 
10-3-1306
; 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.
(d) A disclosure submitted under this Subsection (3) is public, and the person or entity
with which the public officer files the disclosure shall make the disclosure available for public
inspection.
[
(3)
] 
(4)
 [
No
] 
An
 appointee may 
not
 accept or retain employment if [
he is paid from
public funds, and he is
] 
accepting or retaining employment will place the appointee
 under the
direct supervision of a relative, [
except as follows
] 
unless
:
(a) the relative was appointed or employed before the [
public officer assumed his
]
appointee assumed the appointee's
 position, if the relative's appointment did not violate the
provisions of this chapter in effect at the time of [
his
] 
the relative's
 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
] 
the appointee's
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
] 
determines
 that the appointee's
relative is the only [
person
] 
individual
 available or qualified to supervise the appointee.
Section 2. Section 
52-3-2
 is amended to read:
52-3-2.
Each day of violation a separate offense.
Each day [
any such person, father, mother, husband, wife, son, daughter, sister, brother,
uncle, aunt, nephew, niece, first cousins, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law or daughter-in-law, is retained in office by any of said officials shall
be regarded as
] 
a relative remains unlawfully in office in violation of this chapter is
 a separate
offense.
Legislative Review Note
Office of Legislative Research and General Counsel