53B-7-106.  Personal use expenditures for officers and employees of institutions of higher education.

(1)  As used in this section:

Terms Used In Utah Code 53B-7-106

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Employee” means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by an institution of higher education.

(b)  “Institution of higher education” means an institution that is part of the state system of higher education as described in Section 53B-1-102.

(c)  “Officer” means a person who is elected or appointed to an office or position within an institution of higher education.

(d) 

(i)  “Personal use expenditure” means an expenditure made without the authority of law that:

(A)  is not directly related to the performance of an activity as an officer or employee of an institution of higher education;

(B)  primarily furthers a personal interest of an officer or employee of an institution of higher education or the family, a friend, or an associate of an officer or employee of an institution of higher education; and

(C)  would constitute taxable income under federal law.

(ii)  “Personal use expenditure” does not include:

(A)  a de minimis or incidental expenditure; or

(B)  a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to travel to and from the officer or employee’s official duties, including a minimal allowance for a detour as provided by the institution of higher education.

(e)  “Public funds” means the same as that term is defined in Section 51-7-3.

(2)  An officer or employee of an institution of higher education may not:

(a)  use public funds for a personal use expenditure; or

(b)  incur indebtedness or liability on behalf of, or payable by, an institution of higher education for a personal use expenditure.

(3)  If the institution of higher education determines that an officer or employee of an institution of higher education has intentionally made a personal use expenditure in violation of Subsection (2), the institution of higher education shall:

(a)  require the officer or employee to deposit the amount of the personal use expenditure into the fund or account from which:

(i)  the personal use expenditure was disbursed; or

(ii)  payment for the indebtedness or liability for a personal use expenditure was disbursed;

(b)  require the officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the institution of higher education; and

(c)  deposit the money received under Subsection (3)(b) into the operating fund of the institution of higher education.

(4) 

(a)  Any officer or employee of an institution of higher education who has been found by the institution of higher education to have made a personal use expenditure in violation of Subsection (2) may appeal the finding of the institution of higher education.

(b)  The institution of higher education shall establish an appeal process for an appeal made under Subsection (4)(a).

(5) 

(a)  Subject to Subsection (5)(b), an institution of higher education may withhold all or a portion of the wages of an officer or employee of the institution of higher education who has violated Subsection (2) until the requirements of Subsection (3) have been met.

(b)  If the officer or employee has requested an appeal under Subsection (4), the institution of higher education may only withhold the wages of the officer or employee after the appeal process has confirmed that the officer or employee violated Subsection (2).

(6)  Nothing in this chapter immunizes an officer or employee of an institution of higher education from or precludes any criminal prosecution or civil or employment action for an unlawful personal use expenditure.

(7)  An officer or employee of an institution of higher education who is convicted of misusing public money or public property under Section 76-8-402 may not disburse public funds or access public accounts.

Amended by Chapter 211, 2019 General Session

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