1     
JOINT RULES RESOLUTION - CONFLICT OF INTEREST

2     
DISCLOSURE

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jani Iwamoto

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House Sponsor: Brad M. Daw

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8     LONG TITLE
9     General Description:
10          This joint rules resolution modifies legislative rules governing disclosure of a conflict
11     of interest.
12     Highlighted Provisions:
13          This resolution:
14          ▸     modifies legislative rules governing conflict of interest disclosure to reflect statutory
15     changes to the disclosure process; and
16          ▸     makes technical changes.
17     Special Clauses:
18          None
19     Legislative Rules Affected:
20     AMENDS:
21          JR6-1-201
22     

23     Be it resolved by the Legislature of the state of Utah:
24          Section 1. JR6-1-201 is amended to read:
25          JR6-1-201. Declaring and recording conflicts of interest.

26          (1) As used in this section[, "conflict]:
27          (a) "Conflict of interest" means the same as that term is defined in Utah Code Section
28     20A-11-1602.
29          (b) "Conflict of interest disclosure" means the same as that term is defined in Utah
30     Code Section 20A-11-1602.
31          [(2) A legislator shall file a financial disclosure form in compliance with Utah Code
32     Section 20A-11-1603 and according to the requirements of this section:]
33          [(a) on the first day of each general session of the Legislature; and]
34          [(b) each time the legislator changes employment.]
35          [(3) The financial disclosure form shall include the disclosures required by]
36          (2) A legislator shall file a conflict of interest disclosure by complying with the
37     requirements of Utah Code Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures.
38          [(4) (a) The financial disclosure form shall be filed with:]
39          [(i) the secretary of the Senate, for a legislator that is a senator; or]
40          [(ii) the chief clerk of the House of Representatives, for a legislator that is a
41     representative.]
42          [(b) The secretary of the Senate and the chief clerk of the House of Representatives
43     shall ensure that: (i) blank financial disclosure forms are made available on the Internet and at
44     the offices of the Senate and the House of Representatives; and (ii) financial disclosure forms
45     filed under this rule are made available to the public on the Internet and at the offices of the
46     Senate or the House of Representatives.]
47          [(5) (a) Before or during any vote on legislation or any legislative matter in which]
48          (3) (a) For a legislator who is a senator, the secretary of the Senate shall ensure that a
49     link to the legislator's conflict of interest disclosure is available to the public on the Senate's
50     website.
51          (b) For a legislator who is a representative, the chief clerk of the House of
52     Representatives shall ensure that a link to the legislator's conflict of interest disclosure is
53     available to the public on the House of Representative's website.
54          (4) If a legislator has actual knowledge that the legislator has a conflict of interest
55     [which] that is not stated on the legislator's financial disclosure form filed under Subsection
56     (2), that legislator shall, before or during a vote on legislation or any legislative matter, orally
57     declare to the committee or [body before which the matter is pending] legislative body:
58          [(i)] (a) that the legislator may have a conflict of interest; and
59          [(ii)] (b) what that conflict is.
60          [(b) The] (5) A verbal declaration of a conflict of interest under Subsection (4) shall be
61     recorded:
62          (a) for a declaration made on the floor, in the Senate or House Journal by the secretary
63     of the Senate or the chief clerk of the House of Representatives [shall:]; or
64          (b) for a declaration made in a committee or other meeting, in the minutes of the
65     meeting.
66          [(i) direct committee secretaries to note the declaration of conflict of interest in the
67     minutes of any committee meeting; and]
68          [(ii) ensure that each declaration of conflict declared on the floor is noted in the Senate
69     Journal or House Journal.]
70          [(6) This requirement of disclosure of any conflict of interest does]
71          (6) The requirements of this rule do not prohibit a legislator from voting on any
72     legislation or legislative matter.