First Substitute H.B. 270

Senator John L. Valentine proposes the following substitute bill:

1 FINANCIAL DISCLOSURE AND CONFLICT
2 OF INTEREST AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory H. Hughes
6 Senate Sponsor: Wayne L. Niederhauser
7 Cosponsors:Eric K. HutchingsPaul Ray 8
9 LONG TITLE
10 General Description:
11 This bill modifies and enacts provisions of the Utah Code that relate to financial
12 disclosures and the declaration of conflicts of interest by certain public officeholders
13 and candidates.
14 Highlighted Provisions:
15 This bill:
16 . requires candidates for the following offices to file a financial disclosure at the time
17 of filing a declaration of candidacy:
18 . governor, lieutenant governor, state auditor, state treasurer, and attorney general;
19 . the Legislature; and
20 . the State Board of Education;
21 . prohibits a filing officer from accepting a declaration of candidacy unless a financial
22 disclosure has been filed;
23 . provides procedures and requirements for filing financial disclosures;
24 . requires a candidate's financial disclosure to be made publicly available:
25 . at the filing officer's place of business; and

26 . on the Statewide Electronic Voter Information Website administered by the
27 lieutenant governor;
28 . modifies provisions of the criminal statute that regulate failure to disclose conflicts
29 of interest;
30 . provides and modifies definitions;
31 . requires the following officeholders to file a financial disclosure at specified times:
32 . governor, lieutenant governor, state auditor, state treasurer, and attorney general;
33 . members of the Legislature; and
34 . members of the State Board of Education;
35 . specifies what information the financial disclosure must contain;
36 . provides a criminal penalty if a regulated officeholder engages in an official action
37 that constitutes a conflict of interest if:
38 . the conflict of interest has not been provided on the financial disclosure; and
39 . the officeholder fails to publicly declare a conflict of interest at the time of the
40 action;
41 . requires conflicts of interest that are declared at the time of the action to be recorded
42 on official records;
43 . requires blank financial disclosure forms to be available for regulated officeholders
44 and the public;
45 . requires financial disclosures that are filed by officeholders to be made available:
46 . on the Internet;
47 . at the lieutenant governor's office, for executive branch officeholders;
48 . at the offices for the Senate or House of Representatives, for legislators; and
49 . makes technical changes.
50 Monies Appropriated in this Bill:
51 None
52 Other Special Clauses:
53 This bill provides an immediate effective date.
54 Utah Code Sections Affected:
55 AMENDS:
56 20A-9-201, as last amended by Laws of Utah 2008, Chapters 11, 13, 14, and 225

57 76-8-109, as last amended by Laws of Utah 1995, Chapter 191
58 ENACTS:
59 20A-11-1501, Utah Code Annotated 1953
60 20A-11-1502, Utah Code Annotated 1953
61 20A-11-1503, Utah Code Annotated 1953
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 20A-9-201 is amended to read:
65 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
66 more than one political party prohibited with exceptions -- General filing and form
67 requirements -- Affidavit of impecuniosity.
68 (1) Before filing a declaration of candidacy for election to any office, a person shall:
69 (a) be a United States citizen; and
70 (b) meet the legal requirements of that office.
71 (2) (a) Except as provided in Subsection (2)(b), a person may not:
72 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
73 Utah during any election year; or
74 (ii) appear on the ballot as the candidate of more than one political party.
75 (b) A person may file a declaration of candidacy for, or be a candidate for, President or
76 Vice President of the United States and another office, if the person resigns the person's
77 candidacy for the other office after the person is officially nominated for President or Vice
78 President of the United States.
79 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
80 declaration of candidacy, the filing officer shall:
81 (A) read to the prospective candidate the constitutional and statutory qualification
82 requirements for the office that the candidate is seeking; and
83 (B) require the candidate to state whether or not the candidate meets those
84 requirements.
85 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
86 county clerk shall ensure that the person filing that declaration of candidacy is:
87 (A) a United States citizen;

88 (B) an attorney licensed to practice law in Utah who is an active member in good
89 standing of the Utah State Bar;
90 (C) a registered voter in the county in which he is seeking office; and
91 (D) a current resident of the county in which he is seeking office and either has been a
92 resident of that county for at least one year or was appointed and is currently serving as county
93 attorney and became a resident of the county within 30 days after appointment to the office.
94 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
95 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
96 candidacy is:
97 (A) a United States citizen;
98 (B) an attorney licensed to practice law in Utah who is an active member in good
99 standing of the Utah State Bar;
100 (C) a registered voter in the prosecution district in which he is seeking office; and
101 (D) a current resident of the prosecution district in which he is seeking office and either
102 will have been a resident of that prosecution district for at least one year as of the date of the
103 election or was appointed and is currently serving as district attorney and became a resident of
104 the prosecution district within 30 days after receiving appointment to the office.
105 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
106 county clerk shall ensure that the person filing the declaration of candidacy:
107 (A) as of the date of filing:
108 (I) is a United States citizen;
109 (II) is a registered voter in the county in which the person seeks office;
110 (III) (Aa) has successfully met the standards and training requirements established for
111 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
112 Certification Act; or
113 (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
114 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
115 53-13-103 ; and
116 (B) as of the date of the election, shall have been a resident of the county in which the
117 person seeks office for at least one year.
118 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant

119 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
120 Education member, the filing officer shall ensure:
121 (A) that the person filing the declaration of candidacy also files the financial disclosure
122 required by Section 20A-11-1503 ; and
123 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
124 provided to the lieutenant governor according to the procedures and requirements of Section
125 20A-11-1503 .
126 (b) If the prospective candidate states that he does not meet the qualification
127 requirements for the office, the filing officer may not accept the prospective candidate's
128 declaration of candidacy.
129 (c) If the candidate meets the requirements of Subsection (3)(a) and states that he meets
130 the requirements of candidacy, the filing officer shall:
131 (i) inform the candidate that:
132 (A) the candidate's name will appear on the ballot as it is written on the declaration of
133 candidacy;
134 (B) the candidate may be required to comply with state or local campaign finance
135 disclosure laws; and
136 (C) the candidate is required to file a financial statement before the candidate's political
137 convention under:
138 (I) Section 20A-11-204 for a candidate for constitutional office;
139 (II) Section 20A-11-303 for a candidate for the Legislature; or
140 (III) local campaign finance disclosure laws, if applicable;
141 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
142 for the office the candidate is seeking and inform the candidate that failure to comply will
143 result in disqualification as a candidate and removal of the candidate's name from the ballot;
144 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
145 Electronic Voter Information Website Program and inform the candidate of the submission
146 deadline under Subsection 20A-7-801 (4)(a);
147 (iv) provide the candidate with a copy of the pledge of fair campaign practices
148 described under Section 20A-9-206 and inform the candidate that:
149 (A) signing the pledge is voluntary; and

150 (B) signed pledges shall be filed with the filing officer;
151 (v) accept the candidate's declaration of candidacy; and
152 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
153 declaration of candidacy to the chair of the county or state political party of which the
154 candidate is a member.
155 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
156 officer shall:
157 (i) accept the candidate's pledge; and
158 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
159 candidate's pledge to the chair of the county or state political party of which the candidate is a
160 member.
161 (4) Except for presidential candidates, the form of the declaration of candidacy shall be
162 substantially as follows:
163 "State of Utah, County of ____
164 I, ______________, declare my intention of becoming a candidate for the office of
165 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
166 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
167 the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate
168 any law governing campaigns and elections; I will file all campaign financial disclosure reports
169 as required by law; and I understand that failure to do so will result in my disqualification as a
170 candidate for this office and removal of my name from the ballot. The mailing address that I
171 designate for receiving official election notices is ___________________________.
172 ____________________________________________________________________
173 Subscribed and sworn before me this __________(month\day\year).
174

Notary Public (or other officer qualified to administer oath.)"

175 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
176 is:
177 (i) $25 for candidates for the local school district board; and
178 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
179 holding the office, but not less than $5, for all other federal, state, and county offices.
180 (b) Except for presidential candidates, the filing officer shall refund the filing fee to

181 any candidate:
182 (i) who is disqualified; or
183 (ii) who the filing officer determines has filed improperly.
184 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
185 from candidates.
186 (ii) The lieutenant governor shall:
187 (A) apportion to and pay to the county treasurers of the various counties all fees
188 received for filing of nomination certificates or acceptances; and
189 (B) ensure that each county receives that proportion of the total amount paid to the
190 lieutenant governor from the congressional district that the total vote of that county for all
191 candidates for representative in Congress bears to the total vote of all counties within the
192 congressional district for all candidates for representative in Congress.
193 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
194 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
195 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
196 a financial statement filed at the time the affidavit is submitted.
197 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
198 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
199 statement filed under this section shall be subject to the criminal penalties provided under
200 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
201 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
202 considered an offense under this title for the purposes of assessing the penalties provided in
203 Subsection 20A-1-609 (2).
204 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
205 substantially the following form:
206 "Affidavit of Impecuniosity
207 Individual Name
208 ____________________________Address_____________________________
209 Phone Number _________________
210 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
211 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by

212 law.
213 Date ______________ Signature________________________________________________
214 Affiant
215 Subscribed and sworn to before me on ___________ (month\day\year)
216

______________________

217

(signature)

218 Name and Title of Officer Authorized to Administer Oath

______________________"

219 (v) The filing officer shall provide to a person who requests an affidavit of
220 impecuniosity a statement printed in substantially the following form, which may be included
221 on the affidavit of impecuniosity:
222 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609 , a
223 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
224 penalties, will be removed from the ballot."
225 (vi) The filing officer may request that a person who makes a claim of impecuniosity
226 under this Subsection (5)(d) file a financial statement on a form prepared by the election
227 official.
228 (6) Any person who fails to file a declaration of candidacy or certificate of nomination
229 within the time provided in this chapter is ineligible for nomination to office.
230 (7) A declaration of candidacy filed under this section may not be amended or
231 modified after the final date established for filing a declaration of candidacy.
232 Section 2. Section 20A-11-1501 is enacted to read:
233 Part 15. Candidate Financial Disclosures
234 20A-11-1501. Title.
235 This part is known as "Candidate Financial Disclosures."
236 Section 3. Section 20A-11-1502 is enacted to read:
237 20A-11-1502. Definitions.
238 (1) "Filing officer" is as defined in Section 20A-9-101 .
239 (2) "State constitutional officer" means the governor, the lieutenant governor, the state
240 auditor, the state treasurer, or the attorney general.
241 Section 4. Section 20A-11-1503 is enacted to read:
242 20A-11-1503. Financial disclosure form -- Required when filing for candidacy --

243 Public availability.
244 (1) Candidates seeking the following offices shall file a financial disclosure with the
245 filing officer at the time of filing a declaration of candidacy:
246 (a) state constitutional officer;
247 (b) state legislator; or
248 (c) State Board of Education member.
249 (2) A filing officer shall not accept a declaration of candidacy for an office listed in
250 Subsection (1) unless the declaration of candidacy is accompanied by the financial disclosure
251 required by this section.
252 (3) The financial disclosure form shall contain the same requirements and shall be in
253 the same format as the financial disclosure form described in Section 76-8-109 .
254 (4) The financial disclosure form shall:
255 (a) be made available for public inspection at the filing officer's place of business;
256 (b) if the filing officer is an individual other than the lieutenant governor, be provided
257 to the lieutenant governor within five business days of the date of filing and be made publicly
258 available at the Office of the Lieutenant Governor; and
259 (c) be made publicly available on the Statewide Electronic Voter Information Website
260 administered by the lieutenant governor.
261 Section 5. Section 76-8-109 is amended to read:
262 76-8-109. Failure to disclose conflict of interest.
263 (1) As used in this section:
264 [(a) "Business in which the legislator is associated" means any business in which a
265 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or
266 bonds in the company that have a fair market value of $10,000 or more. This does not include
267 business associations by members of the legislator's immediate family.]
268 [(b)] (a) "Conflict of interest" means [legislation or action by a legislator that the
269 legislator] an action that is taken by a regulated officeholder that the officeholder reasonably
270 believes may cause direct financial benefit or detriment to [him] the officeholder, a member of
271 the [legislator's] officeholder's immediate family, or [a business in which the legislator is
272 associated] an entity that the officeholder is required to disclose under the provisions of this
273 section, and that benefit or detriment is distinguishable from the effects of that action on the

274 public or on the [legislator's] officeholder's profession, occupation, or association generally.
275 (b) "Entity" means a corporation, a partnership, a limited liability company, a limited
276 partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
277 venture, a governmental entity, an unincorporated organization, or any other legal entity,
278 whether established primarily for the purpose of gain or economic profit or not.
279 (c) "Filer" means the individual filing a financial declaration under this section.
280 [(c)] (d) "Immediate family" means the [legislator's] regulated officeholder's spouse
281 and children living in the [legislator's] officeholder's immediate household.
282 [(2) In addition to the Declaration of Conflict of Interest form provided for in
283 Subsection (3), before]
284 (e) "Income" means earnings, compensation, or any other payment made to an
285 individual for gain, regardless of source, whether denominated as wages, salary, commission,
286 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
287 reimbursement, dividends, or otherwise.
288 (f) "Regulated officeholder" means an individual that is required to file a financial
289 disclosure under the provisions and requirements of this section.
290 (g) "State constitutional officer" means the governor, the lieutenant governor, the state
291 auditor, the state treasurer, or the attorney general.
292 (2) (a) Before or during the execution of any order, settlement, declaration, contract, or
293 any other official act of office in which a state constitutional officer has actual knowledge that
294 the officer has a conflict of interest which is not stated on the financial disclosure form required
295 under Subsection (4), the officer shall publicly declare that the officer may have a conflict of
296 interest and what that conflict of interest is.
297 (b) Before or during any vote on legislation or any legislative matter in which a
298 legislator has actual knowledge that [he] the legislator has a conflict of interest which is not
299 stated on the [conflict of interest form, that] the financial disclosure form required under
300 Subsection (4), the legislator shall orally declare to the committee or body before which the
301 matter is pending that the legislator may have a conflict of interest and what that conflict is.
302 [This declaration of conflict of interest shall be noted in the minutes of any committee meeting
303 or in the Senate or House Journal.]
304 [(3) (a) A legislator shall file a Declaration of Conflict of Interest form with the

305 Secretary of the Senate if the legislator is a senator or with the Chief Clerk of the House of
306 Representatives if the legislator is a representative to satisfy that legislator's disclosure of any
307 conflict of interest as required by Subsection (2).]
308 [(b) This Declaration of Conflict of Interest form shall include the businesses in which
309 the legislator is associated and the general legislative subject areas in which the legislator may
310 have a conflict of interest.]
311 [(c) This Declaration of Conflict of Interest form is available to the public.]
312 (c) Before or during any vote on any rule, resolution, order, or any other board matter
313 in which a member of the State Board of Education has actual knowledge that the member has
314 a conflict of interest which is not stated on the financial disclosure form required under
315 Subsection (4), the member shall orally declare to the board that the member may have a
316 conflict of interest and what that conflict of interest is.
317 (3) Any public declaration of a conflict of interest that is made under Subsection (2)
318 shall be noted:
319 (a) on the official record of the action taken, for a state constitutional officer;
320 (b) in the minutes of the committee meeting or in the Senate or House Journal, as
321 applicable, for a legislator; or
322 (c) in the minutes of the meeting or on the official record of the action taken, for a
323 member of the State Board of Education.
324 (4) (a) The following individuals shall file a financial disclosure form:
325 (i) a state constitutional officer, to be due on the tenth day of January of each year, or
326 the following business day if the due date falls on a weekend or holiday;
327 (ii) a legislator, at the following times:
328 (A) on the first day of each general session of the Legislature; and
329 (B) each time the legislator changes employment;
330 (iii) a member of the State Board of Education, at the following times:
331 (A) on the tenth day of January of each year, or the following business day if the due
332 date falls on a weekend or holiday; and
333 (B) each time the member changes employment.
334 (b) The financial disclosure form shall include:
335 (i) the filer's name;

336 (ii) the name and address of the filer's primary employer;
337 (iii) a brief description of the filer's employment, including the filer's occupation, and
338 as applicable, job title;
339 (iv) for each entity in which the filer is an owner or an officer:
340 (A) the name of the entity;
341 (B) a brief description of the type of business or activity conducted by the entity; and
342 (C) the filer's position in the entity;
343 (v) for each entity that has paid $5,000 or more in income to the filer within the
344 one-year period ending immediately before the date of the disclosure form:
345 (A) the name of the entity; and
346 (B) a brief description of the type of business or activity conducted by the entity;
347 (vi) for each entity in which the filer holds any stocks or bonds having a fair market
348 value of $5,000 or more as of the date of the disclosure form, but excluding funds that are
349 managed by a third party, including blind trusts, managed investment accounts, and mutual
350 funds:
351 (A) the name of the entity; and
352 (B) a brief description of the type or business or activity conducted by the entity;
353 (vii) for each entity not listed in Subsections (4)(b)(iv) through (4)(b)(vi), in which the
354 filer serves on the board of directors or in any other type of formal advisory capacity:
355 (A) the name of the entity or organization;
356 (B) a brief description of the type of business or activity conducted by the entity; and
357 (C) the type of advisory position held by the filer;
358 (viii) at the option of the filer, any real property in which the filer holds an ownership
359 or other financial interest that the filer believes may constitute a conflict of interest, including:
360 (A) a description of the real property; and
361 (B) a description of the type of interest held by the filer in the property;
362 (ix) the name of the filer's spouse and any other adult residing in the filer's household
363 that is not related by blood or marriage, as applicable;
364 (x) a brief description of the employment and occupation of the filer's spouse and any
365 other adult residing in the filer's household that is not related by blood or marriage, as
366 applicable;

367 (xi) at the option of the filer, a description of any other matter or interest that the filer
368 believes may constitute a conflict of interest;
369 (xii) the date the form was completed;
370 (xiii) a statement that the filer believes that the form is true and accurate to the best of
371 the filer's knowledge; and
372 (xiv) the signature of the filer.
373 (c) (i) The financial disclosure shall be filed with:
374 (A) the secretary of the Senate, for a legislator that is a senator;
375 (B) the chief clerk of the House of Representatives, for a legislator that is a
376 representative; or
377 (C) the lieutenant governor, for all other regulated officeholders.
378 (ii) The lieutenant governor, the secretary of the Senate, and the chief clerk of the
379 House of Representatives shall ensure that blank financial disclosure forms are available on the
380 Internet and at their offices.
381 (d) Financial disclosure forms that are filed under the procedures and requirements of
382 this section shall be made available to the public:
383 (i) on the Internet; and
384 (ii) at the office where the form was filed.
385 [(d)] (e) This [requirement of disclosure of any] section's requirement to disclose a
386 conflict of interest does not prohibit a [legislator] regulated officeholder from voting [on any
387 legislation or legislative] or acting on any matter.
388 [(4) Every member of the Legislature who has a conflict of interest in any measure or
389 bill proposed or pending before the Legislature of which he is a member and does not disclose
390 the fact to the house of which he is a member and votes thereon]
391 (5) A regulated officeholder who violates the requirements of Subsection (2) is guilty
392 of a class B misdemeanor.
393 Section 6. Effective date.
394 If approved by two-thirds of all the members elected to each house, this bill takes effect
395 upon approval by the governor, or the day following the constitutional time limit of Utah
396 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
397 the date of veto override.