63A-3-110.  Personal use expenditures for state officers and employees.

(1)  As used in this section:

Terms Used In Utah Code 63A-3-110

  • 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 a governmental entity.

(b)  “Governmental entity” means:

(i)  an executive branch agency of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the State Board of Education, and the Utah Board of Higher Education;

(ii)  the Office of the Legislative Auditor General, the Office of the Legislative Fiscal Analyst, the Office of Legislative Research and General Counsel, the Legislature, and legislative committees;

(iii)  courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; or

(iv)  independent state entities created under Title 63H, Independent State Entities.

(c)  “Officer” means a person who is elected or appointed to an office or position within a governmental entity.

(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 a state officer or employee;

(B)  primarily furthers a personal interest of a state officer or employee or a state officer’s or employee’s family, friend, or associate; 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 state.

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

(2)  A state officer or employee may not:

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

(b)  incur indebtedness or liability on behalf of, or payable by, a governmental entity for a personal use expenditure.

(3)  If the Division of Finance or the responsible governmental entity determines that a state officer or employee has intentionally made a personal use expenditure in violation of Subsection (2), the governmental entity shall:

(a)  require the state 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 state officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the Division of Finance; and

(c)  deposit the money received under Subsection (3)(b) into the General Fund.

(4) 

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

(b)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Division of Finance shall make rules regarding an appeal process for an appeal made under Subsection (4)(a), including the designation of an appeal authority.

(5) 

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

(b)  If the state officer or employee has requested an appeal under Subsection (4), the Division of Finance may only withhold the wages of the officer or employee after the appeal authority described in Subsection (4)(b) has confirmed that the officer or employee violated Subsection (2).

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

(7)  A state officer or employee 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 360, 2020 General Session
Amended by Chapter 365, 2020 General Session

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