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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to disclosures of potential conflicts of interests by
10 state elected officials.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires the lieutenant governor to establish a website for electronic disclosure of
15 potential conflicts of interest by state elected officials;
16 ▸ after a specified date, requires all potential conflict of interest disclosures by state
17 elected officials to be made via the website;
18 ▸ modifies deadlines for the reporting of potential conflicts of interest by state elected
19 officials;
20 ▸ redesignates "financial disclosures" as "conflict of interest disclosures";
21 ▸ describes the minimum time period during which a conflict of interest disclosure
22 will be available on the website; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-9-201, as last amended by Laws of Utah 2018, Chapter 11
31 20A-11-1601, as last amended by Laws of Utah 2014, Chapter 18
32 20A-11-1602, as last amended by Laws of Utah 2018, Chapter 19
33 20A-11-1603, as last amended by Laws of Utah 2018, Chapter 19
34 20A-11-1604, as renumbered and amended by Laws of Utah 2014, Chapter 18
35 20A-11-1605, as enacted by Laws of Utah 2014, Chapter 18
36 20A-11-1606, as enacted by Laws of Utah 2014, Chapter 335
37 ENACTS:
38 20A-11-1602.5, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 20A-9-201 is amended to read:
42 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
43 more than one political party prohibited with exceptions -- General filing and form
44 requirements -- Affidavit of impecuniosity.
45 (1) Before filing a declaration of candidacy for election to any office, an individual
46 shall:
47 (a) be a United States citizen;
48 (b) meet the legal requirements of that office; and
49 (c) if seeking a registered political party's nomination as a candidate for elective office,
50 state:
51 (i) the registered political party of which the individual is a member; or
52 (ii) that the individual is not a member of a registered political party.
53 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
54 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
55 Utah during any election year;
56 (ii) appear on the ballot as the candidate of more than one political party; or
57 (iii) file a declaration of candidacy for a registered political party of which the
58 individual is not a member, except to the extent that the registered political party permits
59 otherwise in the registered political party's bylaws.
60 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
61 president or vice president of the United States and another office, if the individual resigns the
62 individual's candidacy for the other office after the individual is officially nominated for
63 president or vice president of the United States.
64 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
65 than one justice court judge office.
66 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
67 the individual filed a declaration of candidacy for another office in the same election year if the
68 individual withdraws as a candidate for the other office in accordance with Subsection
69 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
70 (3) (a) Except for a candidate for president or vice president of the United States,
71 before the filing officer may accept any declaration of candidacy, the filing officer shall:
72 (i) read to the individual the constitutional and statutory qualification requirements for
73 the office that the individual is seeking; and
74 (ii) require the individual to state whether the individual meets those requirements.
75 (b) Before accepting a declaration of candidacy for the office of county attorney, the
76 county clerk shall ensure that the individual filing that declaration of candidacy is:
77 (i) a United States citizen;
78 (ii) an attorney licensed to practice law in the state who is an active member in good
79 standing of the Utah State Bar;
80 (iii) a registered voter in the county in which the individual is seeking office; and
81 (iv) a current resident of the county in which the individual is seeking office and either
82 has been a resident of that county for at least one year or was appointed and is currently serving
83 as county attorney and became a resident of the county within 30 days after appointment to the
84 office.
85 (c) Before accepting a declaration of candidacy for the office of district attorney, the
86 county clerk shall ensure that, as of the date of the election, the individual filing that
87 declaration of candidacy is:
88 (i) a United States citizen;
89 (ii) an attorney licensed to practice law in the state who is an active member in good
90 standing of the Utah State Bar;
91 (iii) a registered voter in the prosecution district in which the individual is seeking
92 office; and
93 (iv) a current resident of the prosecution district in which the individual is seeking
94 office and either will have been a resident of that prosecution district for at least one year as of
95 the date of the election or was appointed and is currently serving as district attorney and
96 became a resident of the prosecution district within 30 days after receiving appointment to the
97 office.
98 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
99 county clerk shall ensure that the individual filing the declaration:
100 (i) is a United States citizen;
101 (ii) is a registered voter in the county in which the individual seeks office;
102 (iii) (A) has successfully met the standards and training requirements established for
103 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
104 Certification Act; or
105 (B) has met the waiver requirements in Section 53-6-206;
106 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
107 53-13-103; and
108 (v) as of the date of the election, will have been a resident of the county in which the
109 individual seeks office for at least one year.
110 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
111 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
112 Education member, the filing officer shall ensure:
113 (i) that the individual filing the declaration of candidacy also [
114 the conflict of interest disclosure required by Section 20A-11-1603; and
115 (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
116 individual provides the [
117 governor in accordance with Section 20A-11-1603.
118 (4) If an individual who files a declaration of candidacy does not meet the qualification
119 requirements for the office the individual is seeking, the filing officer may not accept the
120 individual's declaration of candidacy.
121 (5) If an individual who files a declaration of candidacy meets the requirements
122 described in Subsection (3), the filing officer shall:
123 (a) inform the individual that:
124 (i) the individual's name will appear on the ballot as the individual's name is written on
125 the individual's declaration of candidacy;
126 (ii) the individual may be required to comply with state or local campaign finance
127 disclosure laws; and
128 (iii) the individual is required to file a financial statement before the individual's
129 political convention under:
130 (A) Section 20A-11-204 for a candidate for constitutional office;
131 (B) Section 20A-11-303 for a candidate for the Legislature; or
132 (C) local campaign finance disclosure laws, if applicable;
133 (b) except for a presidential candidate, provide the individual with a copy of the current
134 campaign financial disclosure laws for the office the individual is seeking and inform the
135 individual that failure to comply will result in disqualification as a candidate and removal of
136 the individual's name from the ballot;
137 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
138 Electronic Voter Information Website Program and inform the individual of the submission
139 deadline under Subsection 20A-7-801(4)(a);
140 (d) provide the candidate with a copy of the pledge of fair campaign practices
141 described under Section 20A-9-206 and inform the candidate that:
142 (i) signing the pledge is voluntary; and
143 (ii) signed pledges shall be filed with the filing officer;
144 (e) accept the individual's declaration of candidacy; and
145 (f) if the individual has filed for a partisan office, provide a certified copy of the
146 declaration of candidacy to the chair of the county or state political party of which the
147 individual is a member.
148 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
149 officer shall:
150 (a) accept the candidate's pledge; and
151 (b) if the candidate has filed for a partisan office, provide a certified copy of the
152 candidate's pledge to the chair of the county or state political party of which the candidate is a
153 member.
154 (7) (a) Except for a candidate for president or vice president of the United States, the
155 form of the declaration of candidacy shall:
156 (i) be substantially as follows:
157 "State of Utah, County of ____
158 I, ______________, declare my candidacy for the office of ____, seeking the
159 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
160 hold the office, both legally and constitutionally, if selected; I reside at _____________
161 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
162 knowingly violate any law governing campaigns and elections; if filing via a designated
163 agent, I will be out of the state of Utah during the entire candidate filing period; I will
164 file all campaign financial disclosure reports as required by law; and I understand that failure to
165 do so will result in my disqualification as a candidate for this office and removal of my name
166 from the ballot. The mailing address that I designate for receiving official election notices is
167 ___________________________.
168 ____________________________________________________________________
169 Subscribed and sworn before me this __________(month\day\year).
170
Notary Public (or other officer qualified to administer oath)."; and
171 (ii) require the candidate to state, in the sworn statement described in Subsection
172 (7)(a)(i):
173 (A) the registered political party of which the candidate is a member; or
174 (B) that the candidate is not a member of a registered political party.
175 (b) An agent designated under Subsection 20A-9-202(1)(b) to file a declaration of
176 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
177 (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
178 is:
179 (i) $50 for candidates for the local school district board; and
180 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
181 person holding the office for all other federal, state, and county offices.
182 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
183 any candidate:
184 (i) who is disqualified; or
185 (ii) who the filing officer determines has filed improperly.
186 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
187 from candidates.
188 (ii) The lieutenant governor shall:
189 (A) apportion to and pay to the county treasurers of the various counties all fees
190 received for filing of nomination certificates or acceptances; and
191 (B) ensure that each county receives that proportion of the total amount paid to the
192 lieutenant governor from the congressional district that the total vote of that county for all
193 candidates for representative in Congress bears to the total vote of all counties within the
194 congressional district for all candidates for representative in Congress.
195 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
196 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
197 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
198 a financial statement filed at the time the affidavit is submitted.
199 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
200 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
201 statement filed under this section shall be subject to the criminal penalties provided under
202 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
203 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
204 considered an offense under this title for the purposes of assessing the penalties provided in
205 Subsection 20A-1-609(2).
206 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
207 substantially the following form:
208 "Affidavit of Impecuniosity
209 Individual Name
210 ____________________________Address_____________________________
211 Phone Number _________________
212 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
213 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
214 law.
215 Date ______________ Signature________________________________________________
216 Affiant
217 Subscribed and sworn to before me on ___________ (month\day\year)
218
______________________
219
(signature)
220 Name and Title of Officer Authorized to Administer Oath
______________________"
221 (v) The filing officer shall provide to a person who requests an affidavit of
222 impecuniosity a statement printed in substantially the following form, which may be included
223 on the affidavit of impecuniosity:
224 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
225 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
226 penalties, will be removed from the ballot."
227 (vi) The filing officer may request that a person who makes a claim of impecuniosity
228 under this Subsection (8)(d) file a financial statement on a form prepared by the election
229 official.
230 (9) (a) If there is no legislative appropriation for the Western States Presidential
231 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
232 president of the United States who is affiliated with a registered political party and chooses to
233 participate in the regular primary election shall:
234 (i) file a declaration of candidacy, in person or via a designated agent, with the
235 lieutenant governor:
236 (A) on a form developed and provided by the lieutenant governor; and
237 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
238 March before the next regular primary election;
239 (ii) identify the registered political party whose nomination the candidate is seeking;
240 (iii) provide a letter from the registered political party certifying that the candidate may
241 participate as a candidate for that party in that party's presidential primary election; and
242 (iv) pay the filing fee of $500.
243 (b) A designated agent described in Subsection (9)(a)(i) may not sign the form
244 described in Subsection (9)(a)(i)(A).
245 (10) An individual who fails to file a declaration of candidacy or certificate of
246 nomination within the time provided in this chapter is ineligible for nomination to office.
247 (11) A declaration of candidacy filed under this section may not be amended or
248 modified after the final date established for filing a declaration of candidacy.
249 Section 2. Section 20A-11-1601 is amended to read:
250
251 20A-11-1601. Title.
252 This part is known as [
253 Section 3. Section 20A-11-1602 is amended to read:
254 20A-11-1602. Definitions.
255 As used in this part:
256 (1) "Conflict of interest" means an action that is taken by a regulated officeholder that
257 the officeholder reasonably believes may cause direct financial benefit or detriment to the
258 officeholder, a member of the officeholder's immediate family, or an individual or entity that
259 the officeholder is required to disclose under the provisions of this section, if that benefit or
260 detriment is distinguishable from the effects of that action on the public or on the officeholder's
261 profession, occupation, or association generally.
262 (2) "Conflict of interest disclosure" means:
263 (a) before January 1, 2020, a conflict of interest disclosure form that includes all
264 information required under Section 20A-11-1604; and
265 (b) on or after January 1, 2020, a disclosure, on the website, of all information required
266 under Section 20A-11-1604.
267 [
268 limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization,
269 a joint venture, a governmental entity, an unincorporated organization, or any other legal entity,
270 regardless of whether it is established primarily for the purpose of gain or economic profit.
271 [
272 (a) the lieutenant governor, for the office of a state constitutional officer or State Board
273 of Education member; or
274 (b) the county clerk in the county of the candidate's residence, for a state legislative
275 office.
276 [
277 in the regulated officeholder's immediate household, or an individual claimed as a dependent
278 for state or federal income tax purposes by the regulated officeholder.
279 [
280 individual for gain, regardless of source, whether denominated as wages, salary, commission,
281 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
282 reimbursement, dividends, or otherwise.
283 [
284 an entity or holds a position where the person has authority to manage, direct, control, or make
285 decisions for:
286 (i) the entity or a portion of the entity; or
287 (ii) an employee, agent, or independent contractor of the entity.
288 (b) "Owner or officer" includes:
289 (i) a member of a board of directors or other governing body of an entity; or
290 (ii) a partner in any type of partnership.
291 [
292 regulated officeholder [
293 [
294
295 [
296 the state auditor, the state treasurer, or the attorney general.
297 (11) "Website" means the Candidate and Officeholder Conflict of Interest Disclosure
298 Website described in Section 20A-11-1602.5.
299 Section 4. Section 20A-11-1602.5 is enacted to read:
300 20A-11-1602.5. Candidate and Officeholder Conflict of Interest Disclosure
301 Website.
302 (1) The lieutenant governor shall, in cooperation with the county clerks, establish and
303 administer a Candidate and Officeholder Conflict of Interest Disclosure Website.
304 (2) Beginning no later than January 1, 2020, the website shall:
305 (a) permit a candidate or officeholder to securely access the website for the purpose of:
306 (i) complying with the conflict of interest disclosure requirements described in this
307 part; and
308 (ii) editing conflict of interest disclosures;
309 (b) contain a record of all conflict of interest disclosures and edits made by the
310 candidate or officeholder for at least the preceding four years; and
311 (c) permit any person to view a conflict of interest disclosure made by a candidate or
312 officeholder.
313 (3) No sooner than January 1, 2020, and before January 11, 2020, each individual who
314 is required to make a conflict of interest disclosure under this part shall, regardless of whether
315 the individual has already made a conflict of interest disclosure by a means other than the
316 website, make a complete and updated conflict of interest disclosure on the website using the
317 secure access described in Subsection (2)(a).
318 Section 5. Section 20A-11-1603 is amended to read:
319 20A-11-1603. Conflict of interest disclosure -- Required when filing for candidacy
320 -- Public availability.
321 (1) [
322 offices shall [
323 interest disclosure on the website at the time of filing a declaration of candidacy:
324 (a) state constitutional officer;
325 (b) state legislator; or
326 (c) State Board of Education member.
327 (2) A filing officer may not accept a declaration of candidacy for an office listed in
328 Subsection (1) [
329
330 the website.
331 (3) The [
332 requirements and shall be in the same format as the [
333 [
334 (4) [
335 (a) make each financial disclosure form that the filing officer receives available for
336 public inspection at the filing officer's place of business; and
337 (b) if the filing officer is not the lieutenant governor, provide each financial disclosure
338 form to the lieutenant governor within one business day after the day on which the candidate
339 files the financial disclosure form.
340 (5) [
341 disclosure form that the lieutenant governor receives available to the public:
342 (a) at the Office of the Lieutenant Governor; and
343 (b) on the Statewide Electronic Voter Information Website administered by the
344 lieutenant governor.
345 (6) Beginning on January 1, 2020, the lieutenant governor shall make the complete
346 conflict of interest disclosure made by each candidate available for public inspection on the
347 website.
348 Section 6. Section 20A-11-1604 is amended to read:
349 20A-11-1604. Failure to disclose conflict of interest -- Failure to comply with
350 reporting requirements.
351 (1) (a) Before or during the execution of any order, settlement, declaration, contract, or
352 any other official act of office in which a state constitutional officer has actual knowledge that
353 the state constitutional officer has a conflict of interest that is not stated [
354
355 constitutional officer shall publicly declare that the state constitutional officer may have a
356 conflict of interest and what that conflict of interest is.
357 (b) Before or during any vote on legislation or any legislative matter in which a
358 legislator has actual knowledge that the legislator has a conflict of interest that is not stated [
359
360 legislator shall orally declare to the committee or body before which the matter is pending that
361 the legislator may have a conflict of interest and what that conflict is.
362 (c) Before or during any vote on any rule, resolution, order, or any other board matter
363 in which a member of the State Board of Education has actual knowledge that the member has
364 a conflict of interest that is not stated [
365
366 the member may have a conflict of interest and what that conflict of interest is.
367 (2) Any public declaration of a conflict of interest that is made under Subsection (1)
368 shall be noted:
369 (a) on the official record of the action taken, for a state constitutional officer;
370 (b) in the minutes of the committee meeting or in the Senate or House Journal, as
371 applicable, for a legislator; or
372 (c) in the minutes of the meeting or on the official record of the action taken, for a
373 member of the State Board of Education.
374 (3) (a) [
375 disclosure form:
376 (i) (A) on [
377 the due date falls on a weekend or holiday; [
378 (B) if the state constitutional officer takes office after January 10, within 10 days after
379 the day on which the state constitutional officer takes office; and
380 (ii) each time the state constitutional officer changes employment.
381 (b) Beginning on January 1, 2020, a state constitutional officer shall make a complete
382 conflict of interest disclosure on the website:
383 (i) (A) no sooner than January 1 each year, and before January 11 each year; or
384 (B) if the state constitutional officer takes office after January 10, within 10 days after
385 the day on which the state constitutional officer takes office; and
386 (ii) each time the state constitutional officer changes employment.
387 [
388 (i) (A) on the first day of each general session of the Legislature; [
389 (B) if the legislator takes office after the first day of the general session of the
390 Legislature, within 10 days after the day on which the legislator takes office; and
391 (ii) each time the legislator changes employment.
392 (d) Beginning on January 1, 2020, a legislator shall make a complete conflict of
393 interest disclosure on the website:
394 (i) (A) no sooner than January 1 each year, and before January 11 each year; or
395 (B) if the legislator takes office after January 10, within 10 days after the day on which
396 the legislator takes office; and
397 (ii) each time the legislator changes employment.
398 [
399 a financial disclosure form:
400 (i) (A) on [
401 the due date falls on a weekend or holiday; [
402 (B) if the member takes office after January 10, within 10 days after the day on which
403 the member takes office; and
404 (ii) each time the member changes employment.
405 (f) Beginning on January 1, 2020, a member of the State Board of Education shall
406 make a complete conflict of interest disclosure on the website:
407 (i) (A) no sooner than January 1 each year, and before January 11 each year; or
408 (B) if the member takes office after January 10, within 10 days after the day on which
409 the member takes office; and
410 (ii) each time the member changes employment.
411 (4) The [
412 shall include:
413 (a) the regulated officeholder's name;
414 (b) the name and address of each of the regulated officeholder's current employers and
415 each of the regulated officeholder's employers during the preceding year;
416 (c) for each employer described in Subsection (4)(b), a brief description of the
417 employment, including the regulated officeholder's occupation and, as applicable, job title;
418 (d) for each entity in which the regulated officeholder is an owner or officer, or was an
419 owner or officer during the preceding year:
420 (i) the name of the entity;
421 (ii) a brief description of the type of business or activity conducted by the entity; and
422 (iii) the regulated officeholder's position in the entity;
423 (e) in accordance with Subsection (5)(b), for each individual from whom, or entity
424 from which, the regulated officeholder has received $5,000 or more in income during the
425 preceding year:
426 (i) the name of the individual or entity; and
427 (ii) a brief description of the type of business or activity conducted by the individual or
428 entity;
429 (f) for each entity in which the regulated officeholder holds any stocks or bonds having
430 a fair market value of $5,000 or more as of the date of the disclosure form or during the
431 preceding year, but excluding funds that are managed by a third party, including blind trusts,
432 managed investment accounts, and mutual funds:
433 (i) the name of the entity; and
434 (ii) a brief description of the type of business or activity conducted by the entity;
435 (g) for each entity not listed in Subsections (4)(d) through (f) in which the regulated
436 officeholder currently serves, or served in the preceding year, on the board of directors or in
437 any other type of paid leadership capacity:
438 (i) the name of the entity or organization;
439 (ii) a brief description of the type of business or activity conducted by the entity; and
440 (iii) the type of advisory position held by the regulated officeholder;
441 (h) at the option of the regulated officeholder, a description of any real property in
442 which the regulated officeholder holds an ownership or other financial interest that the
443 regulated officeholder believes may constitute a conflict of interest, including a description of
444 the type of interest held by the regulated officeholder in the property;
445 (i) the name of the regulated officeholder's spouse and any other adult residing in the
446 regulated officeholder's household who is not related by blood or marriage, as applicable;
447 (j) for the regulated officeholder's spouse, the information that a regulated officeholder
448 is required to provide under Subsection (4)(b);
449 (k) a brief description of the employment and occupation of each adult who:
450 (i) resides in the regulated officeholder's household; and
451 (ii) is not related to the regulated officeholder by blood or marriage;
452 (l) at the option of the regulated officeholder, a description of any other matter or
453 interest that the regulated officeholder believes may constitute a conflict of interest;
454 (m) the date the form was completed;
455 (n) a statement that the regulated officeholder believes that the form is true and
456 accurate to the best of the regulated officeholder's knowledge; and
457 (o) the signature of the regulated officeholder.
458 (5) (a) [
459 disclosure form with:
460 (i) the secretary of the Senate, if the regulated officeholder is a member of the Senate;
461 (ii) the chief clerk of the House of Representatives, if the regulated officeholder is a
462 member of the House of Representatives; or
463 (iii) the lieutenant governor, if the regulated officeholder is a regulated officeholder
464 other than a regulated officeholder described in Subsection (5)(a)(i) or (ii).
465 (b) In making the disclosure described in Subsection (4)(e), a regulated officeholder
466 who provides goods or services to multiple customers or clients as part of a business or a
467 licensed profession is only required to provide the information described in Subsection (4)(e) in
468 relation to the entity or practice through which the regulated officeholder provides the goods or
469 services and is not required to provide the information described in Subsection (4)(e) in
470 relation to the regulated officeholder's individual customers or clients.
471 (6) [
472 and the chief clerk of the House of Representatives shall ensure that blank [
473 of interest disclosure forms are available on the Internet and at their offices.
474 (7) [
475 a [
476 interest disclosure form under this section shall make each version of the form, and each
477 amendment to the form, available to the public for the period of time described in Subsection
478 (8), in the following manner:
479 (a) on the Internet; and
480 (b) at the office where the form or the amendment to the form was filed.
481 (8) The period of time that an individual described in Subsection (7) shall make each
482 version of a [
483 conflict of interest disclosure form available to the public is:
484 (a) two years after the day on which the individual described in Subsection (7) receives
485 the form, for a regulated officeholder in an office that has a normal term of two years or less; or
486 (b) four years after the day on which the individual described in Subsection (7) receives
487 the form, for a regulated officeholder in an office that has a normal term of more than two
488 years.
489 (9) The disclosure requirements described in this section do not prohibit a regulated
490 officeholder from voting or acting on any matter.
491 (10) A regulated officeholder may amend a [
492 [
493 (11) A regulated officeholder who violates the requirements of Subsection (1) is guilty
494 of a class B misdemeanor.
495 (12) (a) A regulated officeholder who intentionally or knowingly violates a provision
496 of this section, other than Subsection (1), is guilty of a class B misdemeanor.
497 (b) In addition to the criminal penalty described in Subsection (12)(a), the lieutenant
498 governor shall impose a civil penalty of $100 against a regulated officeholder who violates a
499 provision of this section, other than Subsection (1).
500 Section 7. Section 20A-11-1605 is amended to read:
501 20A-11-1605. Failure to file -- Penalties.
502 (1) Within 30 days after the day on which a regulated officeholder is required to file a
503 [
504 [
505 conflict of interest disclosure [
506 (a) each regulated officeholder who is required to file a [
507 disclosure [
508 (b) each [
509 required under Section 20A-11-1604.
510 (2) The lieutenant governor shall take the action described in Subsection (3) if:
511 (a) a regulated officeholder has failed to timely file a [
512 disclosure [
513 (b) a filed [
514 requirements of Section 20A-11-1604; or
515 (c) the lieutenant governor receives a written complaint alleging a violation of Section
516 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and
517 giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor
518 determines that a violation occurred.
519 (3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall,
520 within five days after the day on which the lieutenant governor determines that a violation
521 occurred, notify the regulated officeholder of the violation and direct the regulated officeholder
522 to file an amended report correcting the problem.
523 (4) (a) It is unlawful for a regulated officeholder to fail to file or amend a [
524 conflict of interest disclosure [
525 officeholder receives the notice described in Subsection (3).
526 (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B
527 misdemeanor.
528 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
529 attorney general.
530 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
531 governor shall impose a civil fine of $100 against a regulated officeholder who violates
532 Subsection (4)(a).
533 (5) The lieutenant governor shall deposit a fine collected under this part into the
534 General Fund as a dedicated credit to pay for the costs of administering the provisions of this
535 part.
536 Section 8. Section 20A-11-1606 is amended to read:
537 20A-11-1606. Link to conflict of interest disclosure on Legislature's website.
538 The Legislature's website shall include, for each legislative officeholder, a link to the
539 [
540 website maintained by the lieutenant governor in relation to that legislative officeholder.