1     
CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val K. Potter

5     
Senate Sponsor: Jacob L. Anderegg

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7     LONG TITLE
8     General Description:
9          This bill addresses conflict of interest disclosures that certain public officers are
10     required to file.
11     Highlighted Provisions:
12          This bill:
13          ▸     exempts certain public officers from filing certain disclosures regarding the public
14     officer's business interests if the public officers file a conflict of interest disclosure
15     under the Election Code; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          67-16-7, as last amended by Laws of Utah 1989, Chapter 147
24          67-16-8, as last amended by Laws of Utah 1990, Chapter 93
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 67-16-7 is amended to read:
28          67-16-7. Disclosure of substantial interest in regulated business -- Exceptions.
29          (1) [Every] Except as provided in Subsection (5), a public officer or public employee
30     who is an officer, director, agent, employee, or [the] owner of a substantial interest in any
31     business entity [which] that is subject to the regulation of the agency by which the public
32     officer or public employee is employed[,] shall disclose any [such] position held in the entity
33     and the precise nature and value of the public officer's or public employee's interest in the
34     entity:
35          (a) upon first becoming a public officer or public employee[, and again];
36          (b) whenever the public officer's or public employee's position in the business entity
37     changes significantly [or]; and
38          (c) if the value of [his] the public officer's or public employee's interest in the entity [is
39     significantly increased] increases significantly.
40          (2) The disclosure required under Subsection (1) shall be made in a sworn statement
41     filed with:
42          (a) [the state attorney general in the case of public officers and public employees of the
43     state] for a public officer or a public employee of the state, the attorney general;
44          (b) for a public officer or a public employee of a political subdivision, the chief
45     governing body of the political subdivision [in the case of public officers and public employees
46     of a political subdivision];
47          (c) the head of the agency with which the public officer or public employee is
48     affiliated; and
49          (d) [in the case of] for a public employee, [with] the public employee's immediate
50     supervisor [of the public employee].
51          (3) (a) This section does not apply to instances where the total value of the substantial
52     interest does not exceed $2,000.
53          (b) [Life insurance policies and annuities shall not] A life insurance policy or an
54     annuity is not required to be considered in determining the value of [any such interest] a
55     substantial interest under this section.
56          (4) [Disclosures] A disclosure made under this section [are public information and
57     shall be available for examination by the public.] is a public record and a person with whom a
58     disclosure is filed under Subsection (2) shall make the disclosure available for public
59     inspection.
60          (5) A public officer is not required to file a disclosure under this section if the public
61     officer files a disclosure under Section 20A-11-1604.
62          Section 2. Section 67-16-8 is amended to read:
63          67-16-8. Participation in transaction involving business as to which public officer
64     or employee has interest -- Exceptions.
65          (1) [No] A public officer or public employee [shall participate in his] may not, in the
66     public officer's or public employee's official capacity, participate in, or receive compensation
67     [in respect to any] as a result of, a transaction between the state or [any of its agencies and any]
68     a state agency and a business entity [as to which such] of which the public officer or public
69     employee is [also] an officer, director, [or] agent, employee, or [owns] owner of a substantial
70     interest, unless [disclosure has been made as provided under Section 67-16-7] the public officer
71     or public employee has disclosed the public officer's or public employee's relationship to the
72     business entity in accordance with Section 67-16-7 or 20A-11-1604.
73          (2) A concession contract between an agency, political subdivision, or the state and a
74     certified professional golf association member who is a public employee or officer does not
75     violate the provisions of Subsection (1) or Title 10, Chapter 3, Part 13, Municipal Officers' and
76     Employees' Ethics Act.