76-8-109.   Failure of member of Legislature to disclose interest in measure or bill.
     (1) As used in this section:
     (a) "Business in which the legislator is associated" means any business in which a legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or bonds in the company that have a fair market value of $10,000 or more. This does not include business associations by members of the legislator's immediate family.
     (b) "Conflict of interest" means legislation or action by a legislator that the legislator reasonably believes may cause direct financial benefit or detriment to him, a member of the legislator's immediate family, or a business in which the legislator is associated, and that benefit or detriment is distinguishable from the effects of that action on the public or on the legislator's profession, occupation, or association generally.
     (c) "Immediate family" means the legislator's spouse and children living in the legislator's immediate household.
     (2) In addition to the Declaration of Conflict of Interest form provided for in Subsection (3), before or during any vote on legislation or any legislative matter in which a legislator has actual knowledge that he has a conflict of interest which is not stated on the conflict of interest form, that legislator shall orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is. This declaration of conflict of interest shall be noted in the minutes of any committee meeting or in the Senate or House Journal.
     (3) (a) A legislator shall file a Declaration of Conflict of Interest form with the Secretary of the Senate if the legislator is a senator or with the Chief Clerk of the House of Representatives if the legislator is a representative to satisfy that legislator's disclosure of any conflict of interest as required by Subsection (2).
     (b) This Declaration of Conflict of Interest form shall include the businesses in which the legislator is associated and the general legislative subject areas in which the legislator may have a conflict of interest.
     (c) This Declaration of Conflict of Interest form is available to the public.
     (d) This requirement of disclosure of any conflict of interest does not prohibit a legislator from voting on any legislation or legislative matter.
     (4) Every member of the Legislature who has a conflict of interest in any measure or bill proposed or pending before the Legislature of which he is a member and does not disclose the fact to the house of which he is a member and votes thereon is guilty of a class B misdemeanor.

Amended by Chapter 191, 1995 General Session
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Last revised: Wednesday, October 08, 2008