H.B. 255

1

DISCLOSURE OF CONFLICT OF INTEREST
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ross I. Romero
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the timing requirement for filing a Declaration of Conflict of Interest
10 form.
11 Highlighted Provisions:
12 This bill:
13 . requires a legislator to file annually a Declaration of Conflict of Interest form.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-8-109, as last amended by Chapter 191, Laws of Utah 1995
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-8-109 is amended to read:
24 76-8-109. Failure of member of Legislature to disclose interest in measure or bill.
25 (1) As used in this section:
26 (a) "Business in which the legislator is associated" means any business in which a
27 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or

28 bonds in the company that have a fair market value of $10,000 or more. This does not include
29 business associations by members of the legislator's immediate family.
30 (b) "Conflict of interest" means legislation or action by a legislator that the legislator
31 reasonably believes may cause direct financial benefit or detriment to him, a member of the
32 legislator's immediate family, or a business in which the legislator is associated, and that
33 benefit or detriment is distinguishable from the effects of that action on the public or on the
34 legislator's profession, occupation, or association generally.
35 (c) "Immediate family" means the legislator's spouse and children living in the
36 legislator's immediate household.
37 (2) In addition to the Declaration of Conflict of Interest form provided for in
38 Subsection (3), before or during any vote on legislation or any legislative matter in which a
39 legislator has actual knowledge that he has a conflict of interest which is not stated on the
40 conflict of interest form, that legislator shall orally declare to the committee or body before
41 which the matter is pending that the legislator may have a conflict of interest and what that
42 conflict is. This declaration of conflict of interest shall be noted in the minutes of any
43 committee meeting or in the Senate or House Journal.
44 (3) (a) A legislator shall file annually a Declaration of Conflict of Interest form with
45 the Secretary of the Senate if the legislator is a senator or with the Chief Clerk of the House of
46 Representatives if the legislator is a representative to satisfy that legislator's disclosure of any
47 conflict of interest as required by Subsection (2).
48 (b) [This] The Declaration of Conflict of Interest form shall include the businesses in
49 which the legislator is associated and the general legislative subject areas in which the
50 legislator may have a conflict of interest.
51 (c) [This] The Declaration of Conflict of Interest form is [available to the] a public
52 document.
53 (d) [This requirement of disclosure of any conflict of interest does not prohibit]
54 Nothing in this section prohibits a legislator from voting on any legislation or legislative
55 matter.
56 (4) [Every] A member of the Legislature [who] is guilty of a class B misdemeanor if:
57 (a) the legislator has a conflict of interest in any measure or bill proposed or pending
58 before the Legislature [of which he is a member and does not];

59 (b) the legislator fails to disclose the [fact] conflict to the house of which he is a
60 member; and [votes thereon is guilty of a class B misdemeanor.]
61 (c) the legislator votes on the measure or bill.




Legislative Review Note
as of 1-10-06 4:34 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel