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H.B. 82 Enrolled

    

PUBLIC TRANSIT DISTRICT ETHICS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Raymond W. Short

    AN ACT RELATING TO PUBLIC TRANSIT DISTRICTS; MODIFYING ETHICS
    REQUIREMENTS FOR BOARD MEMBERS, OFFICERS, AND EMPLOYEES; AND
    MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         17A-2-1050, as renumbered and amended by Chapter 186, Laws of Utah 1990
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 17A-2-1050 is amended to read:
         17A-2-1050. Conflict of interests prohibited -- Violation -- Penalty.
        (1) As used in this section, "relative" means any parent, spouse, child, grandparent,
    grandchild, great grandparent, great grandchild, or sibling of a director, officer, or employee.
        (2) Except as [herein] provided in this section, [no] a director or any other officer or
    employee of the district [shall in any manner] may not be interested in any manner, directly or
    indirectly, in any contract or in the profits derived from any contract:
        (a) awarded by the board of directors; or
        (b) made by any officer or employee pursuant to discretionary authority vested in him[,
    or in the profits to be derived therefrom].
        (3) Notwithstanding [the fact that] Subsection (2), when a director or other officer or
    employee of the district [may be] is a stockholder [or], bondholder [or], director, or other officer
    or employee of a corporation contracting with the district, [contracts may be made with] the district
    may contract with that corporation for its general benefit unless [a] the director [or], officer, or
    employee of the district [shall own or control] owns or controls, directly or indirectly, stock or
    bonds [to] in an amount [exceeding five per cent] greater than 5% of the total amount of
    outstanding stock or bonds. [For any violation of this section such director or other officer or
    employee of the district shall be deemed guilty of a misdemeanor, and such conviction shall work

    a forfeiture of his office, or employment, and he shall be punished by a fine not exceeding $500, or
    by imprisonment in the county jail not exceeding six months, or by both such fine and
    imprisonment.]
        (4) (a) (i) A director, officer, or employee of the district who has, or whose relative has, a
    substantial interest in any contract, sale, purchase, or service to the district shall disclose that interest
    to the board of directors of the district in a public meeting of the board.
        (ii) The board of directors of the district shall disclose that interest in the minutes of its
    meeting.
        (b) A director, officer, or employee of the district who has, or whose relative has, a
    substantial interest in any contract, sale, purchase, or service to the district may not vote upon or
    otherwise participate in any manner as a director, officer, or employee in the contract, sale, or
    purchase.
        (5) A director, officer, or employee of the district, in contemplation of official action by
    himself or by the district or in reliance on information to which he has access in his official capacity
    and which has not been made public, commits misuse of official information if he:
        (a) acquires a pecuniary interest in any property, transaction, or enterprise that may be
    affected by the information or official action;
        (b) speculates or wagers on the basis of the information or official action; or
        (c) aids, advises, or encourages another to do so with intent to confer upon any person a
    special pecuniary benefit.
        (6) Each director, officer, and employee who violates this section:
        (a) is guilty of a class B misdemeanor; and
        (b) if convicted, his board appointment or district employment is terminated.

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