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House moves to criminalize unauthorized personal use of public property after auditor report
Summary
Lawmakers adopted a second substitute to HB 163 to clarify unauthorized personal use of public property and set exceptions for written policies and incidental use; the bill passed 63–10 and will go to the Senate.
The Utah House on Feb. 14 advanced changes to the criminal code aimed at making misuse of government property easier to prosecute after a state auditor’s report documented purchases of electronics and other items later used for personal purposes.
Rep. Hall, sponsor of House Bill 163 (second substitute), said the audit detailed government purchases — including iMacs, MacBook Pros, iPads, cameras and watches — that appeared to be used “almost exclusively for personal use.” The sponsor said prosecutors had difficulty pursuing charges under the existing code because it was clearer about misuse of public money than misuse of public property.
The second substitute clarifies that unauthorized personal use of public property is prohibited but creates two exceptions: a written policy authorizing personal use by an entity, or incidental personal use. The House adopted substitution motions, the floor had brief questioning (Rep. Hutchings asked whether written policies and incidental use cover items like vehicles and phones), and the second substitute passed 63–10. The bill will be transmitted to the Senate for further consideration.
Next steps: if enacted, prosecutors and agencies will have clearer statutory language to address alleged misuse of public property; agencies may need to review written policies to ensure they reflect permissible incidental uses.
