Senator Jani Iwamoto proposes the following substitute bill:


1     
CONFLICT DISCLOSURE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Brad M. Daw

6     

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 [files the financial] makes
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 [financial] conflict of interest disclosure form to the lieutenant
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
165     failure to do so will result in my disqualification as a candidate for this office and
166     removal of my name from the ballot. The mailing address that I designate for receiving
167     official election notices is ___________________________.
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     
Part 16. Conflict of Interest Disclosures

251          20A-11-1601. Title.
252          This part is known as ["Financial Disclosures."] "Conflict of Interest Disclosures."
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          [(2)] (3) "Entity" means a corporation, a partnership, a limited liability company, a
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          [(3)] (4) "Filing officer" means:
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          [(4)] (5) "Immediate family" means the regulated officeholder's spouse, a child living
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          [(5)] (6) "Income" means earnings, compensation, or any other payment made to an
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          [(6)] (7) (a) "Owner or officer" means an individual who owns an ownership interest in
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          [(7)] (8) "Preceding year" means the year immediately preceding the day on which the
292     regulated officeholder [files a financial] makes a conflict of interest disclosure [form].
293          [(8)] (9) "Regulated officeholder" means an individual who is required to [file a
294     financial] make a conflict of interest disclosure [form] under the provisions of this part.
295          [(9)] (10) "State constitutional officer" means the governor, the lieutenant governor,
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) [Candidates] Beginning on January 1, 2020, candidates seeking the following
322     offices shall [file a financial disclosure with the filing officer] make a complete conflict of
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) [unless the declaration of candidacy is accompanied by the financial disclosure
329     required by this section] until the candidate makes a complete conflict of interest disclosure on
330     the website.
331          (3) The [financial] conflict of interest disclosure [form] shall contain the same
332     requirements and shall be in the same format as the [financial] conflict of interest disclosure
333     [form] described in Section 20A-11-1604.
334          (4) [The] Until January 1, 2020, the filing officer shall:
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) [The] Until January 1, 2020, the lieutenant governor shall make each financial
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 [on the financial
354     disclosure form described in this section] in the conflict of interest disclosure, the state
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 [on
359     the financial disclosure form described in this section] in the conflict of interest disclosure, the
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 [on the financial disclosure form described in this
365     section] in the conflict of interest disclosure, the member shall orally declare to the board that
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) [A] Until January 1, 2020, a state constitutional officer shall file a financial
375     disclosure form:
376          (i) (A) on [the tenth day of] January [of] 10 each year, or the following business day if
377     the due date falls on a weekend or holiday; [and] or
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          [(b)] (c) [A] Until January 1, 2020, a legislator shall file a financial disclosure form:
388          (i) (A) on the first day of each general session of the Legislature; [and] or
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          [(c)] (e) [A] Until January 1, 2020, a member of the State Board of Education shall file
399     a financial disclosure form:
400          (i) (A) on [the tenth day of] January 10 of each year, or the following business day if
401     the due date falls on a weekend or holiday; [and] or
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 [financial] conflict of interest disclosure [form] described in Subsection (3)
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) [The] Before January 1, 2020, the regulated officeholder shall file the financial
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) [The] Until January 1, 2020, the lieutenant governor, the secretary of the Senate,
472     and the chief clerk of the House of Representatives shall ensure that blank [financial] conflict
473     of interest disclosure forms are available on the Internet and at their offices.
474          (7) [An] Until January 1, 2020, an individual described in Subsection (6) who receives
475     a [financial] conflict of interest disclosure form or an amendment to a [financial] conflict of
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 [financial] conflict of interest disclosure form and each amendment to a [financial]
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 [financial] conflict of interest disclosure
492     [form] described in this part at any time.
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     [financial] conflict of interest disclosure [form] under Subsection 20A-11-1604(3)(a)(i), (b)(i),
504     [or] (c)(i), (d)(i), (e)(i), or (f)(i), the lieutenant governor shall review each filed [financial]
505     conflict of interest disclosure [form] to ensure that:
506          (a) each regulated officeholder who is required to file a [financial] conflict of interest
507     disclosure [form] has filed one; and
508          (b) each [financial] conflict of interest disclosure [form] contains the information
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 [financial] conflict of interest
512     disclosure [form];
513          (b) a filed [financial] conflict of interest disclosure [form] does not comply with the
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 [financial]
524     conflict of interest disclosure [form] within seven days after the day on which the regulated
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     [financial reports maintained] conflict of interest disclosure on the [lieutenant governor's]
540     website maintained by the lieutenant governor in relation to that legislative officeholder.