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H.B. 156

             1     

EDUCATION ETHICS CODE

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Eli H. Anderson

             5      AN ACT RELATING TO EDUCATORS; MODIFYING THE PUBLIC OFFICERS' AND
             6      EMPLOYEES' ETHICS ACT AS RELATED TO ACTIVITIES FOR STUDENTS ORGANIZED
             7      BY AN EDUCATOR; AND PROVIDING h [ FOR LOCAL SCHOOL BOARDS TO ADOPT
             8      DISCLOSURE POLICIES ] THAT THE STATE BOARD OF EDUCATION ESTABLISH ETHICAL
             8a      CONDUCT STANDARDS h .
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          67-16-4, as last amended by Chapter 92, Laws of Utah 1998
             11a           h ENACTS:
             11b          53A-1-402.5, Utah Code Annotated 1953 h
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 67-16-4 is amended to read:
             14           67-16-4. Improperly disclosing or using private, controlled, or protected information
             15      -- Using position to secure privileges or exemptions -- Accepting employment which would
             16      impair independence of judgment or ethical performance.
             17          (1) It is an offense for a public officer, public employee, or legislator, under circumstances
             18      not amounting to a violation of Section 63-56-72 or 76-8-105 , to:
             19          [(1)] (a) accept employment or engage in any business or professional activity that he
             20      might reasonably expect would require or induce him to improperly disclose controlled
             21      information that he has gained by reason of his official position;
             22          [(2)] (b) disclose or improperly use controlled, private, or protected information acquired
             23      by reason of his official position or in the course of official duties in order to further substantially
             24      the officer's or employee's personal economic interest or to secure special privileges or exemptions
             25      for himself or others;
             26          [(3)] (c) use or attempt to use his official position to:
             27          [(a)] (i) further substantially the officer's or employee's personal economic interest; or

             28          [(b)] (ii) secure special privileges or exemptions for himself or others;
             29          [(4)] (d) accept other employment that he might expect would impair his independence of
             30      judgment in the performance of his public duties; or
             31          [(5)] (e) accept other employment that he might expect would interfere with the ethical
             32      performance of his public duties.
             33          (2) (a) h [ It is not a violation of Subsection (1) for an educator to organize an activity
             34      h [unrelated to] OUTSIDE OF h his employment h WITH THE DISTRICT h for his students whether or
             34a      not the educator receives something of
             35      value.
             36          (b) Subsection (1) does not apply to activities organized by educators for individuals who:
             37          (i) are not subject to the educator's supervision;
             38          (ii) have not been subject to the educator's supervision within one year; and
             39          (iii) are not anticipated to be subject to the educator's supervision within one year.
             40          (c) Local school boards may adopt disclosure policies for an activity referred to in
             41      Subsection (2)(a), which may include a provision for disclosing the value of the educator's
             42      compensation .] SUBSECTION (1) DOES NOT APPLY TO THE PROVISION OF EDUCATION-RELATED
             42a      SERVICES TO PUBLIC SCHOOL STUDENTS BY PUBLIC EDUCATION EMPLOYEES ACTING OUTSIDE
             42b      THEIR REGULAR EMPLOYMENT.
             42c          (b) THE CONDUCT REFERRED TO IN SUBSECTION (2)(a) IS SUBJECT TO SECTION
             42d      53A-1-402.5.
             42e          Section 2. Section 53A-1-402.5 is enacted to read:
             42f          53A-1-402.5. State board rules establishing basic ethical conduct standards -- Local school
             42g      board policies.
             42h          (1) IN ACCORDANCE WITH TITLE 63, CHAPTER 46a, UTAH ADMINISTRATIVE RULEMAKING
             42i      ACT, THE STATE BOARD OF EDUCATION SHALL MAKE RULES THAT ESTABLISH BASIC ETHICAL
             42j      CONDUCT STANDARDS FOR PUBLIC EDUCATION EMPLOYEES WHO PROVIDE
             42k      EDUCATION-RELATED SERVICES OUTSIDE OF THEIR REGULAR EMPLOYMENT TO THEIR
             42l      CURRENT OR PROSPECTIVE PUBLIC SCHOOL STUDENTS.
             42m          (2) THE RULES SHALL PROVIDE THAT A LOCAL SCHOOL BOARD MAY ADOPT POLICIES
             42n      IMPLEMENTING THE STANDARDS AND ADDRESSING CIRCUMSTANCES PRESENT IN THE
             42o      DISTRICT . h



Legislative Review Note
    as of 1-20-00 2:57 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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