H.J.R. 10

1

JOINT RULES RESOLUTION - DISCLOSURE
2 OF CONFLICT OF INTEREST
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 Senate Sponsor: Scott D. McCoy
7
8 LONG TITLE
9 General Description:
10 This resolution amends the timing requirement for filing a Declaration of Conflict of
11 Interest form.
12 Highlighted Provisions:
13 This resolution:
14 . requires a legislator to file annually a Declaration of Conflict of Interest form.
15 Special Clauses:
16 This resolution provides an immediate effective date.
17 Legislative Rules Affected:
18 AMENDS:
19 JR-16.05
20
21 Be it resolved by the Legislature of the state of Utah:
22 Section 1. JR-16.05 is amended to read:
23 JR-16.05. Declaring and Recording Conflict of Interest.
24 (1) As used in this section:
25 (a) "Business in which the legislator is associated" means any business in which a
26 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or
27 bonds in the company that have a fair market value of $10,000 or more.

28 (b) "Conflict of interest" means legislation or action by a legislator that the legislator
29 reasonably believes may cause direct financial benefit or detriment to him, a member of the
30 legislator's immediate household, or a business in which the legislator is associated, and that
31 benefit or detriment is distinguishable from the effects of that action on the public or on the
32 legislator's profession, occupation, or association generally.
33 [(1)] (2) (a) Before any vote on legislation or any legislative matter in which a
34 legislator reasonably believes he may have a conflict of interest, that legislator should orally
35 declare to the committee or body before which the matter is pending that the legislator may
36 have a conflict of interest and what that conflict is.
37 (b) This declaration of conflict of interest shall be noted in the minutes of any
38 committee meeting or in the Senate Journal or House Journal.
39 [(2)] (3) (a) A legislator shall file annually a Declaration of Conflict of Interest form
40 with the Secretary of the Senate if the legislator is a Senator or with the Chief Clerk of the
41 House of Representatives if the legislator is a Representative to satisfy that legislator's
42 disclosure of any conflicts of interest as required by Subsection [(1)] (2) and Utah Code
43 Annotated Section 76-8-109.
44 (b) [This] The Declaration of Conflict of Interest form shall include the general
45 legislative areas in which the legislator may have a conflict of interest.
46 (c) [This] The Declaration of Conflict of Interest form is available to the public.
47 [(3) This requirement of disclosure of any conflict of interest does not prohibit]
48 (4) Nothing in this rule prohibits a legislator from voting on any legislation or
49 legislative matter.
50 [(4) As used in this section:]
51 [(a) "Business in which the legislator is associated" means any business in which a
52 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or
53 bonds in the company that have a fair market value of $10,000 or more.]
54 [(b) "Conflict of interest" means legislation or action by a legislator that the legislator
55 reasonably believes may cause direct financial benefit or detriment to him, a member of the
56 legislator's immediate household, or a business in which the legislator is associated, and that
57 benefit or detriment is distinguishable from the effects of that action on the public or on the
58 legislator's profession, occupation, or association generally.]

59 Section 2. Effective date.
60 This resolution takes effect upon approval by a constitutional majority vote of all
61 members of the Senate and House of Representatives.





Legislative Review Note
as of 1-10-06 4:36 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