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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to conflicts of interest and campaign finance
10 disclosure statements.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires an elected officer of a political subdivision and a member of a state land
14 use authority to annually file a conflict of interest disclosure statement;
15 ▸ requires the clerk of the political subdivision or state land use authority described
16 above to:
17 • post an electronic copy of the conflict of interest disclosure statement on the
18 political subdivision's or state land use authority's website; and
19 • provide the lieutenant governor's office with a link to the electronic posting
20 described above;
21 ▸ requires the lieutenant governor to post the link described above on the state conflict
22 of interest disclosure website;
23 ▸ standardizes the monetary amount that triggers an elected officer's disclosure
24 obligation;
25 ▸ establishes penalties for an elected officer or a member of a state land use authority
26 who fails to file a conflict of interest disclosure statement;
27 ▸ requires a municipal or county clerk to provide the lieutenant governor with an
28 electronic link to the campaign finance statement filed by a candidate for municipal
29 or county office;
30 ▸ requires the lieutenant governor to post the link described above on the lieutenant
31 governor's website; and
32 ▸ makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 10-3-208, as last amended by Laws of Utah 2023, Chapter 45
40 10-3-1303, as last amended by Laws of Utah 2016, Chapter 350
41 10-3-1304, as last amended by Laws of Utah 2013, Chapter 445
42 10-3-1305, as last amended by Laws of Utah 2013, Chapter 445
43 10-3-1306, as last amended by Laws of Utah 2010, Chapter 378
44 10-3-1307, as last amended by Laws of Utah 1989, Chapter 147
45 10-3-1308, as last amended by Laws of Utah 1989, Chapter 147
46 10-3-1309, as last amended by Laws of Utah 1991, Chapter 241
47 10-3-1311, as last amended by Laws of Utah 2018, Chapter 461
48 10-3-1312, as last amended by Laws of Utah 1989, Chapter 147
49 11-58-304, as last amended by Laws of Utah 2022, Chapter 82
50 11-59-306, as last amended by Laws of Utah 2022, Chapter 237
51 11-65-304, as enacted by Laws of Utah 2022, Chapter 59
52 17-16-6.5, as last amended by Laws of Utah 2023, Chapter 45
53 17-16a-3, as last amended by Laws of Utah 2011, Chapter 297
54 17-16a-4, as last amended by Laws of Utah 2013, Chapters 142, 445
55 17-16a-5, as last amended by Laws of Utah 1993, Chapter 227
56 17-16a-6, as last amended by Laws of Utah 2011, Chapter 297
57 17-16a-7, as enacted by Laws of Utah 1983, Chapter 46
58 17-16a-8, as enacted by Laws of Utah 1983, Chapter 46
59 17-16a-9, as enacted by Laws of Utah 1983, Chapter 46
60 17-16a-10, as last amended by Laws of Utah 1991, Chapter 241
61 17-16a-12, as enacted by Laws of Utah 1983, Chapter 46
62 20A-11-103, as last amended by Laws of Utah 2016, Chapter 16
63 20A-11-1602, as last amended by Laws of Utah 2021, Chapter 20
64 20A-11-1602.5, as last amended by Laws of Utah 2021, Chapter 20
65 53C-1-202, as last amended by Laws of Utah 2020, Chapters 352, 373
66 63H-4-102, as last amended by Laws of Utah 2021, Chapter 280
67 63H-8-201, as last amended by Laws of Utah 2020, Chapters 352, 373
68 63M-14-202, as last amended by Laws of Utah 2022, Chapter 98
69 67-16-3, as last amended by Laws of Utah 2018, Chapter 415
70 67-16-6, as last amended by Laws of Utah 2014, Chapter 196
71 67-16-7, as last amended by Laws of Utah 2018, Chapter 59
72 73-32-302, as last amended by Laws of Utah 2023, Chapter 34 and renumbered and
73 amended by Laws of Utah 2023, Chapter 205
74 ENACTS:
75 10-3-1303.5, Utah Code Annotated 1953
76 10-3-1313, Utah Code Annotated 1953
77 17-16a-3.5, Utah Code Annotated 1953
78 17-16a-13, Utah Code Annotated 1953
79 63H-1-304, Utah Code Annotated 1953
80 67-16-16, Utah Code Annotated 1953
81
82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 10-3-208 is amended to read:
84 10-3-208. Campaign finance disclosure in municipal election.
85 (1) Unless a municipality adopts by ordinance more stringent definitions, the following
86 are defined terms for purposes of this section:
87 (a) "Agent of a candidate" means:
88 (i) a person acting on behalf of a candidate at the direction of the reporting entity;
89 (ii) a person employed by a candidate in the candidate's capacity as a candidate;
90 (iii) the personal campaign committee of a candidate;
91 (iv) a member of the personal campaign committee of a candidate in the member's
92 capacity as a member of the personal campaign committee of the candidate; or
93 (v) a political consultant of a candidate.
94 (b) "Anonymous contribution limit" means for each calendar year:
95 (i) $50; or
96 (ii) an amount less than $50 that is specified in an ordinance of the municipality.
97 (c) (i) "Candidate" means a person who:
98 (A) files a declaration of candidacy for municipal office; or
99 (B) receives contributions, makes expenditures, or gives consent for any other person
100 to receive contributions or make expenditures to bring about the person's nomination or
101 election to a municipal office.
102 (ii) "Candidate" does not mean a person who files for the office of judge.
103 (d) (i) "Contribution" means any of the following when done for political purposes:
104 (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
105 value given to a candidate;
106 (B) an express, legally enforceable contract, promise, or agreement to make a gift,
107 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
108 anything of value to the candidate;
109 (C) any transfer of funds from another reporting entity to the candidate;
110 (D) compensation paid by any person or reporting entity other than the candidate for
111 personal services provided without charge to the candidate;
112 (E) a loan made by a candidate deposited to the candidate's own campaign; and
113 (F) an in-kind contribution.
114 (ii) "Contribution" does not include:
115 (A) services provided by an individual volunteering a portion or all of the individual's
116 time on behalf of the candidate if the services are provided without compensation by the
117 candidate or any other person;
118 (B) money lent to the candidate by a financial institution in the ordinary course of
119 business; or
120 (C) goods or services provided for the benefit of a candidate at less than fair market
121 value that are not authorized by or coordinated with the candidate.
122 (e) "Coordinated with" means that goods or services provided for the benefit of a
123 candidate are provided:
124 (i) with the candidate's prior knowledge, if the candidate does not object;
125 (ii) by agreement with the candidate;
126 (iii) in coordination with the candidate; or
127 (iv) using official logos, slogans, and similar elements belonging to a candidate.
128 (f) (i) "Expenditure" means any of the following made by a candidate or an agent of the
129 candidate on behalf of the candidate:
130 (A) any disbursement from contributions, receipts, or from an account described in
131 Subsection (3)(a);
132 (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
133 or anything of value made for political purposes;
134 (C) an express, legally enforceable contract, promise, or agreement to make any
135 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
136 value for a political purpose;
137 (D) compensation paid by a candidate for personal services rendered by a person
138 without charge to a reporting entity;
139 (E) a transfer of funds between the candidate and a candidate's personal campaign
140 committee as defined in Section 20A-11-101; or
141 (F) goods or services provided by a reporting entity to or for the benefit of the
142 candidate for political purposes at less than fair market value.
143 (ii) "Expenditure" does not include:
144 (A) services provided without compensation by an individual volunteering a portion or
145 all of the individual's time on behalf of a candidate; or
146 (B) money lent to a candidate by a financial institution in the ordinary course of
147 business.
148 (g) "In-kind contribution" means anything of value other than money, that is accepted
149 by or coordinated with a candidate.
150 (h) (i) "Political consultant" means a person who is paid by a candidate, or paid by
151 another person on behalf of and with the knowledge of the candidate, to provide political
152 advice to the candidate.
153 (ii) "Political consultant" includes a circumstance described in Subsection (1)(h)(i),
154 where the person:
155 (A) has already been paid, with money or other consideration;
156 (B) expects to be paid in the future, with money or other consideration; or
157 (C) understands that the person may, in the discretion of the candidate or another
158 person on behalf of and with the knowledge of the candidate, be paid in the future, with money
159 or other consideration.
160 (i) "Political purposes" means an act done with the intent or in a way to influence or
161 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
162 against any candidate or a person seeking a municipal office at any caucus, political
163 convention, or election.
164 (j) "Reporting entity" means:
165 (i) a candidate;
166 (ii) a committee appointed by a candidate to act for the candidate;
167 (iii) a person who holds an elected municipal office;
168 (iv) a party committee as defined in Section 20A-11-101;
169 (v) a political action committee as defined in Section 20A-11-101;
170 (vi) a political issues committee as defined in Section 20A-11-101;
171 (vii) a corporation as defined in Section 20A-11-101; or
172 (viii) a labor organization as defined in Section 20A-11-1501.
173 (2) (a) A municipality may adopt an ordinance establishing campaign finance
174 disclosure requirements for a candidate that are more stringent than the requirements provided
175 in Subsections (3) through (7).
176 (b) The municipality may adopt definitions that are more stringent than those provided
177 in Subsection (1).
178 (c) If a municipality fails to adopt a campaign finance disclosure ordinance described
179 in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
180 in Subsections (3) through (7).
181 (3) Each candidate:
182 (a) shall deposit a contribution in a separate campaign account in a financial institution;
183 and
184 (b) may not deposit or mingle any campaign contributions received into a personal or
185 business account.
186 (4) (a) In a year in which a municipal primary is held, each candidate who will
187 participate in the municipal primary shall file a campaign finance statement with the municipal
188 clerk or recorder no later than seven days before the day described in Subsection
189 20A-1-201.5(2).
190 (b) Each candidate who is not eliminated at a municipal primary election shall file a
191 campaign finance statement with the municipal clerk or recorder no later than:
192 (i) 28 days before the day on which the municipal general election is held;
193 (ii) seven days before the day on which the municipal general election is held; and
194 (iii) 30 days after the day on which the municipal general election is held.
195 (c) Each candidate for municipal office who is eliminated at a municipal primary
196 election shall file with the municipal clerk or recorder a campaign finance statement within 30
197 days after the day on which the municipal primary election is held.
198 (5) If a municipality does not conduct a primary election for a race, each candidate who
199 will participate in that race shall file a campaign finance statement with the municipal clerk or
200 recorder no later than:
201 (a) 28 days before the day on which the municipal general election is held;
202 (b) seven days before the day on which the municipal general election is held; and
203 (c) 30 days after the day on which the municipal general election is held.
204 (6) Each campaign finance statement described in Subsection (4) or (5) shall:
205 (a) except as provided in Subsection (6)(b):
206 (i) report all of the candidate's itemized and total:
207 (A) contributions, including in-kind and other nonmonetary contributions, received up
208 to and including five days before the campaign finance statement is due, excluding a
209 contribution previously reported; and
210 (B) expenditures made up to and including five days before the campaign finance
211 statement is due, excluding an expenditure previously reported; and
212 (ii) identify:
213 (A) for each contribution, the amount of the contribution and the name of the donor, if
214 known; and
215 (B) for each expenditure, the amount of the expenditure and the name of the recipient
216 of the expenditure; or
217 (b) report the total amount of all contributions and expenditures if the candidate
218 receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
219 (7) Within 30 days after receiving a contribution that is cash or a negotiable
220 instrument, exceeds the anonymous contribution limit, and is from a donor whose name is
221 unknown, a candidate shall disburse the amount of the contribution to:
222 (a) the treasurer of the state or a political subdivision for deposit into the state's or
223 political subdivision's general fund; or
224 (b) an organization that is exempt from federal income taxation under Section
225 501(c)(3), Internal Revenue Code.
226 (8) (a) A municipality may, by ordinance:
227 (i) provide an anonymous contribution limit less than $50;
228 (ii) require greater disclosure of contributions or expenditures than is required in this
229 section; and
230 (iii) impose additional penalties on candidates who fail to comply with the applicable
231 requirements beyond those imposed by this section.
232 (b) A candidate is subject to the provisions of this section and not the provisions of an
233 ordinance adopted by the municipality under Subsection (8)(a) if:
234 (i) the municipal ordinance establishes requirements or penalties that differ from those
235 established in this section; and
236 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
237 ordinance as required in Subsection (9).
238 (9) Each municipal clerk or recorder shall, at the time the candidate for municipal
239 office files a declaration of candidacy, and again 35 days before each municipal general
240 election, notify the candidate in writing of:
241 (a) the provisions of statute or municipal ordinance governing the disclosure of
242 contributions and expenditures;
243 (b) the dates when the candidate's campaign finance statement is required to be filed;
244 and
245 (c) the penalties that apply for failure to file a timely campaign finance statement,
246 including the statutory provision that requires removal of the candidate's name from the ballot
247 for failure to file the required campaign finance statement when required.
248 (10) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
249 Access and Management Act, the municipal clerk or recorder shall:
250 (a) make each campaign finance statement filed by a candidate available for public
251 inspection and copying no later than one business day after the statement is filed; and
252 (b) make the campaign finance statement filed by a candidate available for public
253 inspection by:
254 (i) [
255 municipality's website no later than seven business days after the day on which the statement is
256 filed; and
257 [
258
259 (ii) [
260
261
262 Subsection 20A-11-103(4)(b)(ii), providing the lieutenant governor with a link to the electronic
263 posting described in Subsection (10)(b)(i) no later than two business days after the day on
264 which the statement is filed.
265 (11) (a) If a candidate fails to timely file a campaign finance statement required under
266 Subsection (4) or (5), the municipal clerk or recorder:
267 (i) may send an electronic notice to the candidate that states:
268 (A) that the candidate failed to timely file the campaign finance statement; and
269 (B) that, if the candidate fails to file the report within 24 hours after the deadline for
270 filing the report, the candidate will be disqualified; and
271 (ii) may impose a fine of $50 on the candidate.
272 (b) The municipal clerk or recorder shall disqualify a candidate and inform the
273 appropriate election official that the candidate is disqualified if the candidate fails to file a
274 campaign finance statement described in Subsection (4) or (5) within 24 hours after the
275 deadline for filing the report.
276 (c) If a candidate is disqualified under Subsection (11)(b), the election official:
277 (i) shall:
278 (A) notify every opposing candidate for the municipal office that the candidate is
279 disqualified;
280 (B) send an email notification to each voter who is eligible to vote in the municipal
281 election office race for whom the election official has an email address informing the voter that
282 the candidate is disqualified and that votes cast for the candidate will not be counted;
283 (C) post notice of the disqualification on a public website; and
284 (D) if practicable, remove the candidate's name from the ballot by blacking out the
285 candidate's name before the ballots are delivered to voters; and
286 (ii) may not count any votes for that candidate.
287 (12) An election official may fulfill the requirements described in Subsection (11)(c)(i)
288 in relation to a mailed ballot, including a military overseas ballot, by including with the ballot a
289 written notice:
290 (a) informing the voter that the candidate is disqualified; or
291 (b) directing the voter to a public website to inform the voter whether a candidate on
292 the ballot is disqualified.
293 (13) Notwithstanding Subsection (11)(b), a candidate who timely files each campaign
294 finance statement required under Subsection (4) or (5) is not disqualified if:
295 (a) the statement details accurately and completely the information required under
296 Subsection (6), except for inadvertent omissions or insignificant errors or inaccuracies; and
297 (b) the omissions, errors, or inaccuracies are corrected in an amended report or in the
298 next scheduled report.
299 (14) A candidate for municipal office who is disqualified under Subsection (11)(b)
300 shall file with the municipal clerk or recorder a complete and accurate campaign finance
301 statement within 30 days after the day on which the candidate is disqualified.
302 (15) A campaign finance statement required under this section is considered filed if it
303 is received in the municipal clerk or recorder's office by 5 p.m. on the date that it is due.
304 (16) (a) A private party in interest may bring a civil action in district court to enforce
305 the provisions of this section or an ordinance adopted under this section.
306 (b) In a civil action under Subsection (16)(a), the court may award costs and attorney
307 fees to the prevailing party.
308 Section 2. Section 10-3-1303 is amended to read:
309 10-3-1303. Definitions.
310 As used in this part:
311 (1) (a) "Appointed officer" means [
312 (i) [
313 (ii) [
314 community reinvestment agency under Title 17C, Limited Purpose Local Government Entities
315 - Community Reinvestment Agency Act.
316 (b) [
317 officer" includes an individual serving on a special, regular, or full-time [
318
319 regardless of whether the individual is compensated for the individual's services. [
320
321
322 (c) "Appointed officer" does not include an elected officer.
323 (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
324 aid, advise, furnish information to, or otherwise provide assistance to a person or business
325 entity, believing that such action is of help, aid, advice, or assistance to such person or business
326 entity and with the intent to assist such person or business entity.
327 (3) "Business entity" means a sole proprietorship, partnership, association, joint
328 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
329 a business.
330 (4) "Compensation" means anything of economic value, however designated, which is
331 paid, loaned, granted, given, donated, or transferred to [
332 anyone other than the governmental employer for or in consideration of personal services,
333 materials, property, or any other thing whatsoever.
334 (5) "Elected officer" means [
335 (a) an individual elected or appointed to fill a vacancy in the office of mayor,
336 commissioner, or council member; or
337 (b) an individual who is considered to be elected to the office of mayor, commissioner,
338 or council member by a municipal legislative body in accordance with Section 20A-1-206.
339 (6) "Improper disclosure" means the disclosure of private, controlled, or protected
340 information to [
341 information.
342 (7) "Municipal employee" means [
343 an individual who is employed on a full[
344 community reinvestment agency under Title 17C, Limited Purpose Local Government Entities
345 - Community Reinvestment Agency Act.
346 (8) "Officer" means an appointed officer or an elected officer.
347 [
348 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
349 Management Act, or [
350 [
351 individual, the individual's spouse, or the individual's minor children, of at least 10% of the
352 outstanding shares of a corporation or 10% interest in any other business entity.
353 Section 3. Section 10-3-1303.5 is enacted to read:
354 10-3-1303.5. Statutory construction.
355 The definition of appointed officer in Section 10-3-1303 does not have the effect of
356 making an appointed individual or employee an officer of the municipality.
357 Section 4. Section 10-3-1304 is amended to read:
358 10-3-1304. Use of office for personal benefit prohibited.
359 (1) As used in this section, "economic benefit tantamount to a gift" includes:
360 (a) a loan at an interest rate that is substantially lower than the commercial rate then
361 currently prevalent for similar loans; [
362 (b) compensation received for [
363 substantially exceeding the fair market value of the [
364 (2) Except as provided in Subsection (4), it is an offense for an [
365 officer or municipal employee to:
366 (a) disclose or improperly use private, controlled, or protected information acquired by
367 reason of the officer's or municipal employee's official position or in the course of official
368 duties in order to further substantially the officer's or municipal employee's personal economic
369 interest or to secure special privileges or exemptions for the officer or municipal employee or
370 for others;
371 (b) use or attempt to use the officer's or municipal employee's official position to:
372 (i) further substantially the officer's or municipal employee's personal economic
373 interest; or
374 (ii) secure special privileges for the officer or municipal employee or for others; or
375 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer
376 or municipal employee or for another, a gift of substantial value or a substantial economic
377 benefit tantamount to a gift that:
378 (i) would tend improperly to influence a reasonable person in the person's position to
379 depart from the faithful and impartial discharge of the person's public duties; or
380 (ii) the person knows or that a reasonable person in that position should know under
381 the circumstances is primarily for the purpose of rewarding the person for official action taken.
382 (3) Subsection (2)(c) does not apply to:
383 (a) an occasional nonpecuniary gift having a value of less than $50;
384 (b) an award publicly presented in recognition of public services;
385 (c) any bona fide loan made in the ordinary course of business; or
386 (d) a political campaign contribution.
387 (4) This section does not apply to an [
388 employee who engages in conduct that constitutes a violation of this section to the extent that
389 the [
390 under Section 76-8-105.
391 Section 5. Section 10-3-1305 is amended to read:
392 10-3-1305. Compensation for assistance in transaction involving municipality --
393 Public disclosure and filing required.
394 (1) As used in this section, "municipal body" means any public board, commission,
395 committee, or other public group organized to make public policy decisions or to advise
396 persons who make public policy decisions.
397 (2) Except as provided in Subsection [
398
399 to receive compensation for assisting [
400 involving the [
401 of which the officer is elected or appointed unless the officer:
402 (a) files with the mayor a sworn statement [
403
404 (b) discloses the information [
405 meeting to the members of the municipal body of which the officer is a member immediately
406 before the discussion[
407 (c) for an officer who is an elected officer, files the sworn statement described in
408 Subsection (2)(a) with the city recorder or town clerk.
409 (3) It is an offense for an appointed officer who is not a member of a [
410 municipal body or a municipal employee to receive or agree to receive compensation for
411 assisting [
412 which the [
413 the appointed officer or employee:
414 (a) files with the mayor a sworn statement [
415
416 (b) discloses the information [
417 (i) the [
418 (ii) any other municipal officer or employee who may rely [
419 appointed officer's or municipal employee's representations in evaluating or approving the
420 transaction.
421 (4) (a) [
422
423 Subsection (2)(a) or (3)(a), as applicable, on or before the earlier of:
424 (i) 10 days before the date [
425
426 or municipal employee and the person or business entity being assisted enter into an agreement;
427 or
428 (ii) 10 days before [
429
430 (5) In accordance with Subsection (2)(c), an elected officer shall file the sworn
431 statement with the city recorder or town clerk on or before the earlier of the deadlines described
432 in Subsections (4)(a)(i) and (ii).
433 (6) A municipal recorder or town clerk who receives a sworn statement described in
434 Subsection (2)(a) shall:
435 (a) post a copy of the sworn statement on the municipality's website; and
436 (b) ensure that the sworn statement remains posted on the municipality's website until
437 the elected officer leaves office.
438 (7) [
439 information and shall be available for examination by the public.
440 [
441 described in Subsections (2) and (3) shall contain:
442 (a) the name and address of the officer or municipal employee;
443 (b) the name and address of the person or business entity being or to be assisted or in
444 which the [
445 has a substantial interest; and
446 (c) a brief description of the transaction as to which service is rendered or is to be
447 rendered and of the nature of the service performed or to be performed.
448 [
449 officer who is a member of a [
450 constitutes a violation of this section to the extent that the [
451 is chargeable, for the same conduct, under Section 76-8-105.
452 Section 6. Section 10-3-1306 is amended to read:
453 10-3-1306. Interest in business entity regulated by municipality -- Disclosure
454 statement required.
455 (1) [
456 employee, who is an officer, director, agent, or employee or the owner of a substantial interest
457 in [
458
459 employee is elected, appointed, or employed, shall disclose the position held and the nature and
460 value of [
461 (a) upon first becoming appointed, elected, or employed by the municipality[
462 (b) [
463
464
465 municipal employee's position in the business entity changes significantly or when the value of
466 the officer's or municipal employee's interest in the entity significantly increases above the
467 officer's or municipal employee's most recent disclosure.
468 (2) [
469 officer or municipal employee shall make the disclosure described in Subsection (1) in a sworn
470 statement filed with:
471 (a) the mayor; and
472 (b) for an officer who is an elected officer, the city recorder or town clerk.
473 (3) The mayor shall:
474 (a) report the substance of [
475 described in Subsection (2) to the members of the governing body[
476 (b) [
477
478 statement to the members of the governing body no later than 30 days after the date on which
479 the mayor receives the statement.
480 (4) The municipal recorder or town clerk who receives the sworn statement described
481 in Subsection (2) shall:
482 (a) post a copy of the sworn statement on the municipality's website; and
483 (b) ensure that the sworn statement remains posted on the municipality's website until
484 the elected officer leaves office.
485 [
486 the interest does not exceed $[
487 (b) [
488 not be considered in determining the value of [
489 Section 7. Section 10-3-1307 is amended to read:
490 10-3-1307. Interest in business entity doing business with municipality --
491 Disclosure.
492 (1) [
493 employee, who is an officer, director, agent, employee, or owner of a substantial interest in
494 [
495 which [
496 employee is appointed, elected, or employed, shall:
497 (a) publicly disclose the conflict of interest to the members of the body of which [
498 the officer is a member or by which [
499 [
500 [
501 [
502 (b) for an officer who is an elected officer, file a sworn statement describing the
503 conflict of interest with the city recorder or town clerk.
504 (2) The [
505 entered in the minutes of the meeting.
506 (3) A city recorder or town clerk who receives the sworn statement described in
507 Subsection (1)(b) shall:
508 (a) post a copy of the sworn statement on the municipality's website; and
509 (b) ensure that the sworn statement remains posted on the municipality's website until
510 the elected officer leaves office.
511 [
512 municipal employee makes the disclosure in the manner [
513 Section 10-3-1305 [
514 Section 8. Section 10-3-1308 is amended to read:
515 10-3-1308. Investment creating conflict of interest with duties -- Disclosure.
516 [
517
518
519
520 employee who has a personal interest or investment that creates a conflict between the officer's
521 or municipal employee's personal interests and the officer's or municipal employee's public
522 duties shall disclose the conflict in the manner described in Section 10-3-1306.
523 Section 9. Section 10-3-1309 is amended to read:
524 10-3-1309. Inducing officer or employee to violate part prohibited.
525 It is a class A misdemeanor for any person to induce or seek to induce [
526
527 part.
528 Section 10. Section 10-3-1311 is amended to read:
529 10-3-1311. Municipal ethics commission -- Complaints charging violations.
530 (1) A municipality may establish by ordinance an ethics commission to review a
531 complaint against an officer or a municipal employee subject to this part for a violation of a
532 provision of this part.
533 (2) (a) A person filing a complaint for a violation of this part shall file the complaint:
534 (i) with the municipal ethics commission, if a municipality has established a municipal
535 ethics commission in accordance with Subsection (1); or
536 (ii) with the Political Subdivisions Ethics Review Commission in accordance with
537 Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the municipality
538 has not established a municipal ethics commission.
539 (b) A municipality that receives a complaint described in Subsection (2)(a) may:
540 (i) accept the complaint if the municipality has established a municipal ethics
541 commission in accordance with Subsection (1); or
542 (ii) forward the complaint to the Political Subdivisions Ethics Review Commission
543 established in Section 63A-15-201:
544 (A) regardless of whether the municipality has established a municipal ethics
545 commission; or
546 (B) if the municipality has not established a municipal ethics commission.
547 (3) If the alleged ethics complaint is against a person who is a member of the municipal
548 ethics commission, the complaint shall be filed with or forwarded to the Political Subdivisions
549 Ethics Review Commission.
550 Section 11. Section 10-3-1312 is amended to read:
551 10-3-1312. Violation of disclosure requirements -- Penalties -- Rescission of
552 prohibited transaction.
553 If [
554 10-3-1305, 10-3-1306, 10-3-1307, or 10-3-1308, the municipality:
555 (1) shall dismiss or remove the [
556 who knowingly and intentionally violates this part from employment or office; and
557 (2) may rescind or void [
558 transaction without returning any part of the consideration received by the municipality.
559 Section 12. Section 10-3-1313 is enacted to read:
560 10-3-1313. Annual conflict of interest disclosure -- City recorder or town clerk --
561 Posting of written disclosure statement -- Penalties.
562 (1) In addition to the any other disclosure obligation described in this part, an elected
563 officer shall, no sooner than January 1 and no later than January 31 of each year during which
564 the elected officer holds the office of mayor, commissioner, or council member:
565 (a) prepare a written conflict of interest disclosure statement that contains a response to
566 each item of information described in Subsection 20A-11-1604(6); and
567 (b) submit the written disclosure statement to the city recorder or town clerk.
568 (2) (a) No later than 10 business days after the day on which the elected officer submits
569 the written disclosure statement described in Subsection (1) to the city recorder or town clerk,
570 the city recorder or town clerk shall:
571 (i) post an electronic copy of the written disclosure statement on the municipality's
572 website; and
573 (ii) provide the lieutenant governor with a link to the electronic posting described in
574 Subsection (2)(a)(i).
575 (b) The city recorder or town clerk shall ensure that the elected officer's written
576 disclosure statement remains posted on the municipality's website until the elected officer
577 leaves office.
578 (3) A city recorder or town clerk shall take the action described in Subsection (4) if:
579 (a) an elected officer fails to timely submit the written disclosure statement described
580 in Subsection (1); or
581 (b) a submitted written disclosure statement does not comply with the requirements of
582 Subsection 20A-11-1604(6).
583 (4) If a circumstance described in Subsection (3) occurs, the city recorder or town clerk
584 shall, within five days after the day on which the city recorder or town clerk determines that a
585 violation occurred, notify the elected officer of the violation and direct the elected officer to
586 submit an amended written disclosure statement correcting the problem.
587 (5) (a) It is unlawful for an elected officer to fail to submit or amend a written
588 disclosure statement within seven days after the day on which the elected officer receives the
589 notice described in Subsection (4).
590 (b) An elected officer who violates Subsection (5)(a) is guilty of a class B
591 misdemeanor.
592 (c) The city recorder or town clerk shall report a violation of Subsection (5)(a) to the
593 attorney general.
594 (d) In addition to the criminal penalty described in Subsection (5)(b), the city recorder
595 or town clerk shall impose a civil fine of $100 against an elected officer who violates
596 Subsection (5)(a).
597 (6) The city recorder or town shall deposit a fine collected under this section into the
598 municipality's general fund as a dedicated credit to pay for the costs of administering this
599 section.
600 Section 13. Section 11-58-304 is amended to read:
601 11-58-304. Limitations on board members and executive director -- Annual
602 conflict of interest disclosure statement -- Penalties.
603 (1) As used in this section:
604 (a) "Direct financial benefit":
605 (i) means any form of financial benefit that accrues to an individual directly, including:
606 (A) compensation, commission, or any other form of a payment or increase of money;
607 and
608 (B) an increase in the value of a business or property; and
609 (ii) does not include a financial benefit that accrues to the public generally.
610 (b) "Family member" means a parent, spouse, sibling, child, or grandchild.
611 (2) An individual may not serve as a voting member of the board or as executive
612 director if:
613 (a) the individual owns real property, other than a personal residence in which the
614 individual resides, within a project area, whether or not the ownership interest is a recorded
615 interest;
616 (b) a family member of the individual owns an interest in real property, other than a
617 personal residence in which the family member resides, located within a project area; or
618 (c) the individual or a family member of the individual owns an interest in, is directly
619 affiliated with, or is an employee or officer of a private firm, private company, or other private
620 entity that the individual reasonably believes is likely to:
621 (i) participate in or receive a direct financial benefit from the development of the
622 authority jurisdictional land; or
623 (ii) acquire an interest in or locate a facility within a project area.
624 (3) Before taking office as a voting member of the board or accepting employment as
625 executive director, an individual shall submit to the authority a statement verifying that the
626 individual's service as a board member or employment as executive director does not violate
627 Subsection (2).
628 (4) (a) An individual may not, at any time during the individual's service as a voting
629 member or employment with the authority, acquire, or take any action to initiate, negotiate, or
630 otherwise arrange for the acquisition of, an interest in real property located within a project
631 area, if:
632 (i) the acquisition is in the individual's personal capacity or in the individual's capacity
633 as an employee or officer of a private firm, private company, or other private entity; and
634 (ii) the acquisition will enable the individual to receive a direct financial benefit as a
635 result of the development of the project area.
636 (b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to
637 initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property that is
638 a personal residence in which the individual will reside upon acquisition of the real property.
639 (5) (a) A voting member or nonvoting member of the board or an employee of the
640 authority may not receive a direct financial benefit from the development of a project area.
641 (b) For purposes of Subsection (5)(a), a direct financial benefit does not include:
642 (i) expense reimbursements;
643 (ii) per diem pay for board member service, if applicable; or
644 (iii) an employee's compensation or benefits from employment with the authority.
645 (6) In addition to any other limitation on a board member described in this section, a
646 voting member or nonvoting member of the board shall, no sooner than January 1 and no later
647 than January 31 of each year during which the board member holds office on the authority's
648 board:
649 (a) prepare a written conflict of interest disclosure statement that contains a response to
650 each item of information described in Subsection 20A-11-1604(6); and
651 (b) submit the written disclosure statement to the administrator or clerk of the
652 authority's board.
653 (7) (a) No later than 10 business days after the date on which the board member
654 submits the written disclosure statement described in Subsection (6) to the administrator or
655 clerk of the authority's board, the administrator or clerk shall:
656 (i) post an electronic copy of the written disclosure statement on the authority's
657 website;
658 (ii) provide the lieutenant governor with a link to the electronic posting described in
659 Subsection (7)(a)(i).
660 (b) The administrator or clerk shall ensure that the board member's written disclosure
661 statement remains posted on the authority's website until the board member leaves office.
662 (8) The administrator or clerk of the authority's board shall take the action described in
663 Subsection (9) if:
664 (a) a board member fails to timely submit the written disclosure statement described in
665 Subsection (6); or
666 (b) a submitted written disclosure statement does not comply with the requirements of
667 Subsection 20A-11-1604(6).
668 (9) If a circumstance described in Subsection (8) occurs, the administrator or clerk of
669 the authority's board shall, within five days after the day on which the administrator or clerk
670 determines that a violation occurred, notify the board member of the violation and direct the
671 board member to submit an amended written disclosure statement correcting the problem.
672 (10) (a) It is unlawful for a board member to fail to submit or amend a written
673 disclosure statement within seven days after the day on which the board member receives the
674 notice described in Subsection (9).
675 (b) A board member who violates Subsection (10)(a) is guilty of a class B
676 misdemeanor.
677 (c) The administrator or clerk of the authority's board shall report a violation of
678 Subsection (10)(a) to the attorney general.
679 (d) In addition to the criminal penalty described in Subsection (10)(b), the
680 administrator or clerk of the authority's board shall impose a civil fine of $100 against a board
681 member who violates Subsection (10)(a).
682 (11) The administrator or clerk of the authority's board shall deposit a fine collected
683 under this section into authority's account to pay for the costs of administering this section.
684 [
685 any other code provision applicable to a board member or employee relating to ethics or
686 conflicts of interest.
687 Section 14. Section 11-59-306 is amended to read:
688 11-59-306. Limitations on board members -- Annual conflict of interest disclosure
689 statement -- Exception -- Penalties.
690 (1) As used in this section:
691 (a) "Designated individual" means an individual:
692 (i) (A) who is a member of the Senate or House of Representatives;
693 (B) who has been appointed as a member of the board under Subsection
694 11-59-302(2)(a) or (b); and
695 (C) whose legislative district includes some or all of the point of the mountain state
696 land; or
697 (ii) who is designated to serve as a board member under Subsection 11-59-302(2)(e) or
698 (f).
699 (b) "Direct financial benefit":
700 (i) means any form of financial benefit that accrues to an individual directly as a result
701 of the development of the point of the mountain state land, including:
702 (A) compensation, commission, or any other form of a payment or increase of money;
703 and
704 (B) an increase in the value of a business or property; and
705 (ii) does not include a financial benefit that accrues to the public generally as a result of
706 the development of the point of the mountain state land.
707 (c) "Family member" means a parent, spouse, sibling, child, or grandchild.
708 (d) "Interest in real property" means every type of real property interest, whether
709 recorded or unrecorded, including:
710 (i) a legal or equitable interest;
711 (ii) an option on real property;
712 (iii) an interest under a contract;
713 (iv) fee simple ownership;
714 (v) ownership as a tenant in common or in joint tenancy or another joint ownership
715 arrangement;
716 (vi) ownership through a partnership, limited liability company, or corporation that
717 holds title to a real property interest in the name of the partnership, limited liability company,
718 or corporation;
719 (vii) leasehold interest; and
720 (viii) any other real property interest that is capable of being owned.
721 (2) An individual may not serve as a member of the board if:
722 (a) subject to Subsection (5) for a designated individual, the individual owns an interest
723 in real property, other than a personal residence in which the individual resides, on or within
724 five miles of the point of the mountain state land;
725 (b) a family member of the individual owns an interest in real property, other than a
726 personal residence in which the family member resides, located on or within one-half mile of
727 the point of the mountain state land;
728 (c) the individual or a family member of the individual owns an interest in, is directly
729 affiliated with, or is an employee or officer of a firm, company, or other entity that the
730 individual reasonably believes is likely to participate in or receive compensation or other direct
731 financial benefit from the development of the point of the mountain state land; or
732 (d) the individual or a family member of the individual receives or is expected to
733 receive a direct financial benefit.
734 (3) (a) Before taking office as a board member, an individual shall submit to the
735 authority a statement:
736 (i) verifying that the individual's service as a board member does not violate
737 Subsection (2); and
738 (ii) for a designated individual, identifying any interest in real property, other than a
739 personal residence in which the individual resides, located on or within five miles of the point
740 of the mountain state land.
741 (b) If a designated individual takes action, during the individual's service as a board
742 member, to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real
743 property, other than a personal residence in which the individual intends to live, located on or
744 within five miles of the point of the mountain state land, the designated individual shall submit
745 a written statement to the board chair describing the action, the interest in real property that the
746 designated individual intends to acquire, and the location of the real property.
747 (4) Except for a board member who is a designated individual, a board member is
748 disqualified from further service as a board member if the board member, at any time during
749 the board member's service on the board, takes any action to initiate, negotiate, or otherwise
750 arrange for the acquisition of an interest in real property, other than a personal residence in
751 which the member intends to reside, located on or within five miles of the point of the
752 mountain state land.
753 (5) A designated individual who submits a written statement under Subsection
754 (3)(a)(ii) or (b) may not serve or continue to serve as a board member unless at least two-thirds
755 of all other board members conclude that the designated individual's service as a board member
756 does not and will not create a material conflict of interest impairing the ability of the
757 designated individual to exercise fair and impartial judgment as a board member and to act in
758 the best interests of the authority.
759 (6) (a) The board may not allow a firm, company, or other entity to participate in
760 planning, managing, or implementing the development of the point of the mountain state land
761 if a board member or a family member of a board member owns an interest in, is directly
762 affiliated with, or is an employee or officer of the firm, company, or other entity.
763 (b) Before allowing a firm, company, or other entity to participate in planning,
764 managing, or implementing the development of the point of the mountain state land, the board
765 may require the firm, company, or other entity to certify that no board member or family
766 member of a board member owns an interest in, is directly affiliated with, or is an employee or
767 officer of the firm, company, or other entity.
768 (7) Except as provided in Subsection (13), a board member shall, no sooner than
769 January 1 and no later than January 31 of each year during which the board member holds
770 office on the authority's board:
771 (a) prepare a written conflict of interest disclosure statement that contains a response to
772 each item of information described in Subsection 20A-11-1604(6); and
773 (b) submit the written disclosure statement to the administrator or clerk of the
774 authority's board.
775 (8) (a) No later than 10 business days after the date on which the board member
776 submits the written disclosure statement described in Subsection (7) to the administrator or
777 clerk of the authority's board, the administrator or clerk shall:
778 (i) post an electronic copy of the written disclosure statement on the authority's
779 website; and
780 (ii) provide the lieutenant governor with a link to the electronic posting described in
781 Subsection (8)(a)(i).
782 (b) The administrator or clerk shall ensure that the board member's written disclosure
783 statement remains posted on the authority's website until the board member leaves office.
784 (9) The administrator or clerk of the authority's board shall take the action described in
785 Subsection (10) if:
786 (a) a board member fails to timely submit the written disclosure statement described in
787 Subsection (7); or
788 (b) a submitted written disclosure statement does not comply with the requirements of
789 Subsection 20A-11-1604(6).
790 (10) If a circumstance described in Subsection (9) occurs, the administrator or clerk of
791 the authority's board shall, within five days after the day on which the administrator or clerk
792 determines that a violation occurred, notify the board member of the violation and direct the
793 board member to submit an amended written disclosure statement correcting the problem.
794 (11) (a) It is unlawful for a board member to fail to submit or amend a written
795 disclosure statement within seven days after the day on which the board member receives the
796 notice described in Subsection (10).
797 (b) A board member who violates Subsection (11)(a) is guilty of a class B
798 misdemeanor.
799 (c) The administrator or clerk of the authority's board shall report a violation of
800 Subsection (11)(a) to the attorney general.
801 (d) In addition to the criminal penalty described in Subsection (11)(b), the
802 administrator or clerk of the authority's board shall impose a civil fine of $100 against a board
803 member who violates Subsection (11)(a).
804 (12) The administrator or clerk of the authority's board shall deposit a fine collected
805 under this section into the authority's account to pay for the costs of administering this section.
806 (13) For an individual who is appointed as a board member under Subsection
807 11-59-302(2)(a), (b), (c)(iii), (d), or (e):
808 (a) Subsection (7) does not apply; and
809 (b) the administrator or clerk of the authority's board shall, instead:
810 (i) post an electronic link on the authority's website to the written disclosure statement
811 the board member made in the board member's capacity as:
812 (A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest
813 Disclosures; or
814 (B) an elected officer of a municipality, under Section 10-3-1313; and
815 (ii) provide the lieutenant governor with a link to the electronic posting described in
816 Subsection (13)(b)(i).
817 Section 15. Section 11-65-304 is amended to read:
818 11-65-304. Limitations on board members and executive director -- Annual
819 conflict of interest disclosure statement -- Exception -- Penalties.
820 (1) As used in this section:
821 (a) "Direct financial benefit":
822 (i) means any form of financial benefit that accrues to an individual directly, including:
823 (A) compensation, commission, or any other form of a payment or increase of money;
824 and
825 (B) an increase in the value of a business or property; and
826 (ii) does not include a financial benefit that accrues to the public generally.
827 (b) "Family member" means a parent, spouse, sibling, child, or grandchild.
828 (2) An individual may not serve as a voting member of the board or as executive
829 director if the individual or a family member of the individual owns an interest in, is directly
830 affiliated with, or is an employee or officer of a private firm, private company, or other private
831 entity that the individual reasonably believes is likely to participate in or receive a direct
832 financial benefit from the management of Utah Lake.
833 (3) Before taking office as a voting member of the board or accepting employment as
834 executive director, an individual shall submit to the lake authority a statement verifying that the
835 individual's service as a board member or employment as executive director does not violate
836 Subsection (2).
837 (4) (a) A voting member or nonvoting member of the board or an employee of the lake
838 authority may not receive a direct financial benefit from the management of Utah Lake.
839 (b) For purposes of Subsection (4)(a), a direct financial benefit does not include:
840 (i) expense reimbursements;
841 (ii) per diem pay for board member service, if applicable; or
842 (iii) an employee's compensation or benefits from employment with the lake authority.
843 (5) Except as provided Subsection (11), a voting member or nonvoting member of the
844 board shall, no sooner than January 1 and no later than January 31 of each year during which
845 the board member holds office on the lake authority's board:
846 (a) prepare a written conflict of interest disclosure statement that contains a response to
847 each item of information described in Subsection 20A-11-1604(6); and
848 (b) submit the written disclosure statement to the administrator or clerk of the lake
849 authority's board.
850 (6) (a) No later than 10 business days after the date on which the board member
851 submits the written disclosure statement described in Subsection (5) to the administrator or
852 clerk of the lake authority's board, the administrator or clerk shall:
853 (i) post an electronic copy of the written disclosure statement on the lake authority's
854 website; and
855 (ii) provide the lieutenant governor with a link to the electronic posting described in
856 Subsection (6)(a)(i).
857 (b) The administrator or clerk shall ensure that the board member's written disclosure
858 statement remains posted on the lake authority's website until the board member leaves office.
859 (7) The administrator or clerk of the lake authority's board shall take the action
860 described in Subsection (8) if:
861 (a) a board member fails to timely submit the written disclosure statement described in
862 Subsection (5); or
863 (b) a submitted written disclosure statement does not comply with the requirements of
864 Subsection 20A-11-1604(6).
865 (8) If a circumstance described in Subsection (7) occurs, the administrator or clerk of
866 the lake authority's board shall, within five days after the day on which the administrator or
867 clerk determines that a violation occurred, notify the board member of the violation and direct
868 the board member to submit an amended written disclosure statement correcting the problem.
869 (9) (a) It is unlawful for a board member to fail to submit or amend a written disclosure
870 statement within seven days after the day on which the board member receives the notice
871 described in Subsection (8).
872 (b) A board member who violates Subsection (9)(a) is guilty of a class B misdemeanor.
873 (c) The administrator or clerk of the lake authority's board shall report a violation of
874 Subsection (9)(a) to the attorney general.
875 (d) In addition to the criminal penalty described in Subsection (9)(b), the administrator
876 or clerk of the lake authority's board shall impose a civil fine of $100 against a board member
877 who violates Subsection (9)(a).
878 (10) The administrator or clerk of the lake authority's board shall deposit a fine
879 collected under this section into the lake authority's account to pay for the costs of
880 administering this section.
881 (11) For an individual who is appointed as a board member under Subsection
882 11-65-302(2)(b), (c), (d), or (e)(ii):
883 (a) Subsection (5) does not apply; and
884 (b) the administrator or clerk of the lake authority's board shall, instead:
885 (i) post an electronic link on the lake authority's website to the written disclosure
886 statement the board member made in the board member's capacity as:
887 (A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest
888 Disclosures;
889 (B) an elected officer of a county, under Section 17-16a-13; or
890 (C) an elected officer of a municipality, under Section 10-3-1313; and
891 (ii) provide the lieutenant governor with a link to the electronic posting described in
892 Subsection (11)(b)(i).
893 [
894 any other code provision applicable to a board member or employee relating to ethics or
895 conflicts of interest.
896 Section 16. Section 17-16-6.5 is amended to read:
897 17-16-6.5. Campaign financial disclosure in county elections.
898 (1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
899 requirements for:
900 (i) candidates for county office; and
901 (ii) candidates for local school board office who reside in that county.
902 (b) The ordinance required by Subsection (1)(a) shall include:
903 (i) a requirement that each candidate for county office or local school board office
904 report the candidate's itemized and total campaign contributions and expenditures at least once
905 within the two weeks before the election and at least once within two months after the election;
906 (ii) a definition of "contribution" and "expenditure" that requires reporting of
907 nonmonetary contributions such as in-kind contributions and contributions of tangible things;
908 (iii) a requirement that the financial reports identify:
909 (A) for each contribution, the name of the donor of the contribution, if known, and the
910 amount of the contribution; and
911 (B) for each expenditure, the name of the recipient and the amount of the expenditure;
912 (iv) a requirement that a candidate for county office or local school board office
913 deposit a contribution in a separate campaign account in a financial institution;
914 (v) a prohibition against a candidate for county office or local school board office
915 depositing or mingling any contributions received into a personal or business account; and
916 (vi) a requirement that a candidate for county office who receives a contribution that is
917 cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
918 shall, within 30 days after receiving the contribution, disburse the amount of the contribution
919 to:
920 (A) the treasurer of the state or a political subdivision for deposit into the state's or
921 political subdivision's general fund; or
922 (B) an organization that is exempt from federal income taxation under Section
923 501(c)(3), Internal Revenue Code.
924 (c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
925 institution:
926 (A) that is not described in Subsection (1)(b)(iv); and
927 (B) into which or from which a person who, as a candidate for an office, other than a
928 county office for which the person files a declaration of candidacy or federal office, or as a
929 holder of an office, other than a county office for which the person files a declaration of
930 candidacy or federal office, deposits a contribution or makes an expenditure.
931 (ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
932 candidate for county office or local school board office include on a financial report filed in
933 accordance with the ordinance a contribution deposited in or an expenditure made from an
934 account:
935 (A) since the last financial report was filed; or
936 (B) that has not been reported under a statute or ordinance that governs the account.
937 (2) If any county fails to adopt a campaign finance disclosure ordinance described in
938 Subsection (1), candidates for county office, other than community council office, and
939 candidates for local school board office shall comply with the financial reporting requirements
940 contained in Subsections (3) through (8).
941 (3) A candidate for elective office in a county or local school board office:
942 (a) shall deposit a contribution in a separate campaign account in a financial institution;
943 and
944 (b) may not deposit or mingle any contributions received into a personal or business
945 account.
946 (4) Each candidate for elective office in any county who is not required to submit a
947 campaign financial statement to the lieutenant governor, and each candidate for local school
948 board office, shall file a signed campaign financial statement with the county clerk:
949 (a) seven days before the date of the regular general election, reporting each
950 contribution and each expenditure as of 10 days before the date of the regular general election;
951 and
952 (b) no later than 30 days after the date of the regular general election.
953 (5) (a) The statement filed seven days before the regular general election shall include:
954 (i) a list of each contribution received by the candidate, and the name of the donor, if
955 known; and
956 (ii) a list of each expenditure for political purposes made during the campaign period,
957 and the recipient of each expenditure.
958 (b) The statement filed 30 days after the regular general election shall include:
959 (i) a list of each contribution received after the cutoff date for the statement filed seven
960 days before the election, and the name of the donor; and
961 (ii) a list of all expenditures for political purposes made by the candidate after the
962 cutoff date for the statement filed seven days before the election, and the recipient of each
963 expenditure.
964 (6) (a) As used in this Subsection (6), "account" means an account in a financial
965 institution:
966 (i) that is not described in Subsection (3)(a); and
967 (ii) into which or from which a person who, as a candidate for an office, other than a
968 county office for which the person filed a declaration of candidacy or federal office, or as a
969 holder of an office, other than a county office for which the person filed a declaration of
970 candidacy or federal office, deposits a contribution or makes an expenditure.
971 (b) A county office candidate and a local school board office candidate shall include on
972 any campaign financial statement filed in accordance with Subsection (4) or (5):
973 (i) a contribution deposited in an account:
974 (A) since the last campaign finance statement was filed; or
975 (B) that has not been reported under a statute or ordinance that governs the account; or
976 (ii) an expenditure made from an account:
977 (A) since the last campaign finance statement was filed; or
978 (B) that has not been reported under a statute or ordinance that governs the account.
979 (7) Within 30 days after receiving a contribution that is cash or a negotiable
980 instrument, exceeds $50, and is from a donor whose name is unknown, a county office
981 candidate shall disburse the amount of the contribution to:
982 (a) the treasurer of the state or a political subdivision for deposit into the state's or
983 political subdivision's general fund; or
984 (b) an organization that is exempt from federal income taxation under Section
985 501(c)(3), Internal Revenue Code.
986 (8) Candidates for elective office in any county, and candidates for local school board
987 office, who are eliminated at a primary election shall file a signed campaign financial statement
988 containing the information required by this section not later than 30 days after the primary
989 election.
990 (9) Any person who fails to comply with this section is guilty of an infraction.
991 (10) (a) Counties may, by ordinance, enact requirements that:
992 (i) require greater disclosure of campaign contributions and expenditures; and
993 (ii) impose additional penalties.
994 (b) The requirements described in Subsection (10)(a) apply to a local school board
995 office candidate who resides in that county.
996 (11) If a candidate fails to file an interim report due before the election, the county
997 clerk:
998 (a) may send an electronic notice to the candidate and the political party of which the
999 candidate is a member, if any, that states:
1000 (i) that the candidate failed to timely file the report; and
1001 (ii) that, if the candidate fails to file the report within 24 hours after the deadline for
1002 filing the report, the candidate will be disqualified and the political party will not be permitted
1003 to replace the candidate; and
1004 (b) impose a fine of $100 on the candidate.
1005 (12) (a) The county clerk shall disqualify a candidate and inform the appropriate
1006 election officials that the candidate is disqualified if the candidate fails to file an interim report
1007 described in Subsection (11) within 24 hours after the deadline for filing the report.
1008 (b) The political party of a candidate who is disqualified under Subsection (12)(a) may
1009 not replace the candidate.
1010 (c) A candidate who is disqualified under Subsection (12)(a) shall file with the county
1011 clerk a complete and accurate campaign finance statement within 30 days after the day on
1012 which the candidate is disqualified.
1013 (13) If a candidate is disqualified under Subsection (12)(a), the election official:
1014 (a) shall:
1015 (i) notify every opposing candidate for the county office that the candidate is
1016 disqualified;
1017 (ii) send an email notification to each voter who is eligible to vote in the county
1018 election office race for whom the election official has an email address informing the voter that
1019 the candidate is disqualified and that votes cast for the candidate will not be counted;
1020 (iii) post notice of the disqualification on the county's website; and
1021 (iv) if practicable, remove the candidate's name from the ballot by blacking out the
1022 candidate's name before the ballots are delivered to voters; and
1023 (b) may not count any votes for that candidate.
1024 (14) An election official may fulfill the requirement described in Subsection (13)(a) in
1025 relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
1026 written notice directing the voter to the county's website to inform the voter whether a
1027 candidate on the ballot is disqualified.
1028 (15) A candidate is not disqualified if:
1029 (a) the candidate files the interim reports described in Subsection (11) no later than 24
1030 hours after the applicable deadlines for filing the reports;
1031 (b) the reports are completed, detailing accurately and completely the information
1032 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
1033 and
1034 (c) the omissions, errors, or inaccuracies are corrected in an amended report or in the
1035 next scheduled report.
1036 (16) (a) A report is considered timely filed if:
1037 (i) the report is received in the county clerk's office no later than midnight, Mountain
1038 Time, at the end of the day on which the report is due;
1039 (ii) the report is received in the county clerk's office with a United States Postal Service
1040 postmark three days or more before the date that the report was due; or
1041 (iii) the candidate has proof that the report was mailed, with appropriate postage and
1042 addressing, three days before the report was due.
1043 (b) For a county clerk's office that is not open until midnight at the end of the day on
1044 which a report is due, the county clerk shall permit a candidate to file the report via email or
1045 another electronic means designated by the county clerk.
1046 (17) (a) Any private party in interest may bring a civil action in district court to enforce
1047 the provisions of this section or any ordinance adopted under this section.
1048 (b) In a civil action filed under Subsection (17)(a), the court shall award costs and
1049 attorney fees to the prevailing party.
1050 (18) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1051 Access and Management Act, the county clerk shall:
1052 (a) make each campaign finance statement filed by a candidate available for public
1053 inspection and copying no later than one business day after the statement is filed; and
1054 (b) make the campaign finance statement filed by a candidate available for public
1055 inspection by:
1056 (i) [
1057 website no later than seven business days after the day on which the statement is filed; and
1058 [
1059
1060 (ii) [
1061
1062
1063 20A-11-103(4)(b)(ii), providing the lieutenant governor with a link to the electronic posting
1064 described in Subsection (18)(b)(i) no later than two business days after the day the statement is
1065 filed.
1066 Section 17. Section 17-16a-3 is amended to read:
1067 17-16a-3. Definitions.
1068 As used in this part:
1069 (1) (a) "Appointed officer" means [
1070 (i) [
1071 (ii) [
1072
1073 (b) [
1074 officer" includes an individual serving on a special, regular or full-time [
1075
1076 regardless of whether the individual is compensated for the individual's services. [
1077
1078
1079 (c) "Appointed officer" does not include an elected officer.
1080 (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
1081 aid, advise, furnish information to, or otherwise provide assistance to a person or business
1082 entity, believing that such action is of help, aid, advice, or assistance to such person or business
1083 entity and with the intent to so assist such person or business entity.
1084 (3) "Business entity" means a sole proprietorship, partnership, association, joint
1085 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
1086 a business.
1087 (4) "Compensation" means anything of economic value, however designated, which is
1088 paid, loaned, granted, given, donated or transferred to any person or business entity for or in
1089 consideration of personal services, materials, property, or any other thing whatsoever.
1090 (5) "Elected officer" means [
1091 office in the county.
1092 (6) "Governmental action" means [
1093 (a) [
1094 (b) [
1095 sanction, or approval[
1096 (c) [
1097 upon, a matter described in Subsection (7)(a) or (b).
1098 (7) "Officer" means an appointed officer or an elected officer.
1099 [
1100 contract to perform a special service for the county pursuant to an award of a contract
1101 following a public bid.
1102 [
1103 individual, the individual's spouse, and the individual's minor children, of at least 10% of the
1104 outstanding shares of a corporation or 10% interest in any other business entity.
1105 Section 18. Section 17-16a-3.5 is enacted to read:
1106 17-16a-3.5. Statutory construction.
1107 The definition of appointed officer in Section 17-16a-3 does not have the effect of
1108 making an appointed individual or employee an officer of the county.
1109 Section 19. Section 17-16a-4 is amended to read:
1110 17-16a-4. Prohibited use of official position -- Exception.
1111 (1) Except as provided in Subsection (3) or (5), it is an offense for an [
1112
1113 (a) disclose confidential information acquired by reason of the officer's official position
1114 or use that information to secure special privileges or exemptions for [
1115 others;
1116 (b) use or attempt to use the officer's official position to secure special privileges for
1117 the officer or for others; or
1118 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
1119 loan for the officer or for another, if the gift or loan tends to influence the officer in the
1120 discharge of the officer's official duties.
1121 (2) This section [
1122 (a) an occasional nonpecuniary gift having a value of less than $50;
1123 (b) an award publicly presented;
1124 (c) any bona fide loan made in the ordinary course of business; or
1125 (d) political campaign contributions subject to Section 17-16-6.5.
1126 (3) A member of a county legislative body who is also a member of the governing
1127 board of a provider of mental health or substance abuse services under contract with the county
1128 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
1129 duties and responsibilities of each position, if the county legislative body member does not
1130 participate in the process of selecting the mental health or substance abuse service provider.
1131 (4) Notwithstanding the provisions of this section, a county or county official may
1132 encourage support from a public or private individual or institution, whether in financial
1133 contributions or by other means, on behalf of an organization or activity that benefits the
1134 community.
1135 (5) This section does not apply to an [
1136 conduct that constitutes a violation of this section to the extent that the [
1137 officer is chargeable, for the same conduct, under Section 76-8-105.
1138 Section 20. Section 17-16a-5 is amended to read:
1139 17-16a-5. Compensation for assistance in transaction involving county -- Public
1140 disclosure and filing required.
1141 (1) [
1142 receive compensation for assisting [
1143 involving the county in which [
1144 unless the officer:
1145 (a) [
1146
1147 disclosing the information described in Subsection (5);
1148 (b) discloses in open meeting to the members of the body of which [
1149 member, immediately [
1150
1151 (c) for an officer who is an elected officer, files the sworn statement described in
1152 Subsection (1)(a) with the county clerk.
1153 (2) [
1154 file the sworn statement described in Subsection (1)(a) on or before the earlier of:
1155 (a) 10 days [
1156
1157 person or business entity being assisted enter into an agreement; or
1158 (b) 10 days [
1159 on which the officer receives compensation.
1160 (3) In accordance with Subsection (1)(c), an elected officer shall file the sworn
1161 statement with the county clerk on or before the earlier of the deadlines described in
1162 Subsections (2)(a) and (b).
1163 (4) A county clerk who receives the sworn statement described in Subsection (1)(a)
1164 shall:
1165 (a) post a copy of the sworn statement on the county's website; and
1166 (b) ensure that the sworn statement remains posted on the county's website until the
1167 elected officer leaves office.
1168 (5) The [
1169 information and is available for examination by the public.
1170 [
1171 described in Subsection (1) shall contain the following information:
1172 (a) the name and address of the officer;
1173 (b) the name and address of the person or business entity being or to be assisted, or in
1174 which the [
1175 (c) a brief description of the transaction as to which service is rendered or is to be
1176 rendered and of the nature of the service performed or to be performed.
1177 Section 21. Section 17-16a-6 is amended to read:
1178 17-16a-6. Interest in business entity regulated by county -- Disclosure.
1179 (1) [
1180 director, agent, or employee or the owner of a substantial interest in any business entity [
1181 that is subject to the regulation of the county [
1182
1183 precise nature and value of the officer's interest:
1184 (a) upon first becoming appointed or elected[
1185 (b) [
1186 to be an appointed or elected officer.
1187 (2) [
1188
1189 filed with:
1190 (a) the county legislative body; and
1191 (b) if the officer is an elected officer, the county clerk.
1192 (3) The commission shall:
1193 (a) report the substance of [
1194 described in Subsection (2) to the members of the governing body; or
1195 (b) [
1196
1197 described in Subsection (2) to the members of the governing body no later than 30 days after
1198 the day on which the commission receives the statement.
1199 (4) A county clerk who receives the sworn statement described in Subsection (2) shall:
1200 (a) post a copy of the sworn statement on the county's website; and
1201 (b) ensure that the sworn statement remains posted on the county's website until the
1202 elected officer leaves office.
1203 (5) (a) This section does not apply to instances where the value of the interest does not
1204 exceed $[
1205 (b) A life insurance [
1206 in determining the value of the interest.
1207 Section 22. Section 17-16a-7 is amended to read:
1208 17-16a-7. Interest in business entity doing business with county -- Disclosure.
1209 (1) [
1210 director, agent, or employee, or owner of a substantial interest in [
1211 [
1212
1213 (a) publicly disclose the conflict of interest to the members of the body [
1214 of which the officer is a member, immediately [
1215 body on matters relating to [
1216 [
1217 (b) for an officer who is an elected officer, file a sworn statement describing the
1218 conflict of interest with the county clerk.
1219 (2) The [
1220 entered in the minutes of the meeting.
1221 (3) A county clerk who receives the sworn statement described in Subsection (1)(b)
1222 shall:
1223 (a) post a copy of the sworn statement on the county's website; and
1224 (b) ensure that the sworn statement remains posted on the county's website until the
1225 elected officer leaves office.
1226 Section 23. Section 17-16a-8 is amended to read:
1227 17-16a-8. Investment creating conflict of interest with duties -- Disclosure.
1228 [
1229
1230
1231
1232 a potential or actual conflict between the officer's personal interests and the officer's public
1233 duties shall disclose the conflict in the manner described in Section 17-16a-6.
1234 Section 24. Section 17-16a-9 is amended to read:
1235 17-16a-9. Inducing officer to violate provisions prohibited.
1236 No person shall induce or seek to induce [
1237 any of the provisions of this part.
1238 Section 25. Section 17-16a-10 is amended to read:
1239 17-16a-10. Violation a misdemeanor -- Removal from office.
1240 In addition to any penalty contained in any other provision of law, [
1241 knowingly and intentionally violates this part is guilty of a class A misdemeanor and shall be
1242 dismissed from employment or removed from office.
1243 Section 26. Section 17-16a-12 is amended to read:
1244 17-16a-12. Rescission of prohibited transaction.
1245 If [
1246 the county may rescind or void [
1247 transaction without returning any part of the consideration received by the county.
1248 Section 27. Section 17-16a-13 is enacted to read:
1249 17-16a-13. Annual conflict of interest disclosure -- County clerk -- Penalties.
1250 (1) In addition to the any other disclosure obligation described in this part, an elected
1251 officer shall, no sooner than January 1 and no later than January 31 of each year during which
1252 the elected officer holds county elective office:
1253 (a) prepare a written conflict of interest disclosure statement that contains a response to
1254 each item of information described in Subsection 20A-11-1604(6); and
1255 (b) submit the written disclosure statement to the county clerk.
1256 (2) (a) No later than 10 business days after the day on which an elected officer submits
1257 the written disclosure described in Subsection (1) to the county clerk, the county clerk shall:
1258 (i) post an electronic copy of the written disclosure on the county's website; and
1259 (ii) provide the lieutenant governor with a link to the electronic posting described in
1260 Subsection (2)(a)(i).
1261 (b) The county clerk shall ensure that the elected officer's written disclosure statement
1262 remains posted on the county's website until the elected officer leaves office.
1263 (3) A county clerk shall take the action described in Subsection (4) if:
1264 (a) an elected officer fails to timely submit the written disclosure statement described
1265 in Subsection (1); or
1266 (b) a submitted written disclosure statement does not comply with the requirements of
1267 Subsection 20A-11-1604(6).
1268 (4) If a circumstance described in Subsection (3) occurs, the county clerk shall, within
1269 five days after the day on which the county clerk determines that a violation occurred, notify
1270 the elected officer of the violation and direct the elected officer to submit an amended written
1271 disclosure statement correcting the problem.
1272 (5) (a) It is unlawful for an elected officer to fail to submit or amend a written
1273 disclosure statement within seven days after the day on which the elected officer receives the
1274 notice described in Subsection (4).
1275 (b) A regulated officeholder who violates Subsection (5)(a) is guilty of a class B
1276 misdemeanor.
1277 (c) The lieutenant governor shall report a violation of Subsection (5)(a) to the attorney
1278 general.
1279 (d) In addition to the criminal penalty described in Subsection (5)(b), the county clerk
1280 shall impose a civil fine of $100 against an elected officer who violates Subsection (5)(a).
1281 (6) The county clerk shall deposit a fine collected under this part into the county's
1282 general fund as a dedicated credit to pay for the costs of administering this section.
1283 Section 28. Section 20A-11-103 is amended to read:
1284 20A-11-103. Notice of pending interim and summary reports -- Form of
1285 submission -- Public availability -- Notice of reporting and filing requirements.
1286 (1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
1287 summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
1288 the chief election officer shall inform the filing entity by electronic mail unless postal mail is
1289 requested:
1290 (i) that the financial statement is due;
1291 (ii) of the date that the financial statement is due; and
1292 (iii) of the penalty for failing to file the financial statement.
1293 (b) The chief election officer is not required to provide notice:
1294 (i) to a candidate or political party of the financial statement that is due before the
1295 candidate's or political party's political convention;
1296 (ii) of a financial statement due in connection with a public hearing for an initiative
1297 under the requirements of Section 20A-7-204.1; or
1298 (iii) to a corporation or labor organization, as defined in Section 20A-11-1501.
1299 (2) A filing entity shall electronically file a financial statement via electronic mail or
1300 the Internet according to specifications established by the chief election officer.
1301 (3) (a) A financial statement is considered timely filed if the financial statement is
1302 received by the chief election officer's office before midnight, Mountain Time, at the end of the
1303 day on which the financial statement is due.
1304 (b) For a county clerk's office that is not open until midnight at the end of the day on
1305 which a financial statement is due, the county clerk shall permit a candidate to file the financial
1306 statement via email or another electronic means designated by the county clerk.
1307 (c) A chief election officer may extend the time in which a filing entity is required to
1308 file a financial statement if a filing entity notifies the chief election officer of the existence of
1309 an extenuating circumstance that is outside the control of the filing entity.
1310 (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1311 Access and Management Act, the lieutenant governor shall:
1312 (a) make each campaign finance statement filed by a candidate available for public
1313 inspection and copying no later than one business day after the statement is filed; and
1314 [
1315
1316 [
1317
1318
1319 [
1320
1321
1322 (b) post on a website established by the lieutenant governor:
1323 (i) an electronic copy or the contents of each summary report or interim report filed
1324 under the requirements of this chapter or Chapter 12, Part 2, Judicial Retention Elections, no
1325 later than three business days after the date on which the summary report or interim report is
1326 electronically filed; or
1327 (ii) for a campaign finance statement filed under the requirements of Section 10-3-208,
1328 for a municipality, or Section 17-16-6.5, for a county, a link to the municipal or county website
1329 that hosts the campaign finance statement, no later than seven business days after the date on
1330 which the lieutenant governor receives the link from:
1331 (A) the municipal clerk or recorder, in accordance with Subsection 10-3-208(10)(b)(ii);
1332 or
1333 (B) the county clerk, in accordance with Subsection 17-16-6.5(18)(b)(ii).
1334 [
1335
1336
1337
1338 [
1339 provide notice, by postal mail or email, to each filing entity for which the chief election officer
1340 has a physical or email address, of the reporting and filing requirements described in this
1341 chapter.
1342 Section 29. Section 20A-11-1602 is amended to read:
1343 20A-11-1602. Definitions.
1344 As used in this part:
1345 (1) "Conflict of interest" means an action that is taken by a regulated officeholder that
1346 the officeholder reasonably believes may cause direct financial benefit or detriment to the
1347 officeholder, a member of the officeholder's immediate family, or an individual or entity that
1348 the officeholder is required to disclose under the provisions of this section, if that benefit or
1349 detriment is distinguishable from the effects of that action on the public or on the officeholder's
1350 profession, occupation, or association generally.
1351 (2) "Conflict of interest disclosure" means a disclosure, on the website, of all
1352 information required under Section 20A-11-1604.
1353 (3) "Entity" means a corporation, a partnership, a limited liability company, a limited
1354 partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
1355 venture, a governmental entity, an unincorporated organization, or any other legal entity,
1356 regardless of whether it is established primarily for the purpose of gain or economic profit.
1357 (4) "Local official" means:
1358 (a) an elected officer of:
1359 (i) a municipality under Title 10, Chapter 3, Part 13, Municipal Officers' and
1360 Employees' Ethics Act; or
1361 (ii) a county under Title 17, Chapter 16a, County Officers and Employees Disclosure
1362 Act;
1363 (b) a special public officer under Title 67, Chapter 16, Utah Public Officers' and
1364 Employees' Ethics Act; or
1365 (c) another individual:
1366 (i) who is not a regulated officeholder; and
1367 (ii) who is required to annually make a conflict of interest disclosure in accordance
1368 with Subsection 20A-11-1604(6).
1369 [
1370 (a) the lieutenant governor, for the office of a state constitutional officer or State Board
1371 of Education member; or
1372 (b) the lieutenant governor or the county clerk in the county of the candidate's
1373 residence, for a state legislative office.
1374 [
1375 in the regulated officeholder's immediate household, or an individual claimed as a dependent
1376 for state or federal income tax purposes by the regulated officeholder.
1377 [
1378 individual for gain, regardless of source, whether denominated as wages, salary, commission,
1379 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
1380 reimbursement, dividends, or otherwise.
1381 [
1382 an entity or holds a position where the person has authority to manage, direct, control, or make
1383 decisions for:
1384 (i) the entity or a portion of the entity; or
1385 (ii) an employee, agent, or independent contractor of the entity.
1386 (b) "Owner or officer" includes:
1387 (i) a member of a board of directors or other governing body of an entity; or
1388 (ii) a partner in any type of partnership.
1389 [
1390 regulated officeholder makes a conflict of interest disclosure.
1391 [
1392 conflict of interest disclosure under the provisions of this part.
1393 [
1394 the state auditor, the state treasurer, or the attorney general.
1395 [
1396 Disclosure Website described in Section 20A-11-1602.5.
1397 Section 30. Section 20A-11-1602.5 is amended to read:
1398 20A-11-1602.5. Candidate and Officeholder Conflict of Interest Disclosure
1399 Website.
1400 (1) The lieutenant governor shall, in cooperation with the county clerks, establish and
1401 administer a Candidate and Officeholder Conflict of Interest Disclosure Website.
1402 (2) The website shall:
1403 (a) permit a candidate or officeholder to securely access the website for the purpose of:
1404 (i) complying with the conflict of interest disclosure requirements described in this
1405 part; and
1406 (ii) editing conflict of interest disclosures;
1407 (b) contain a record of all conflict of interest disclosures and edits made by the
1408 candidate or officeholder for at least the preceding four years; [
1409 (c) permit any person to view a conflict of interest disclosure made by a candidate or
1410 officeholder[
1411 (d) contain a link to the conflict of interest disclosure made by a local official.
1412 Section 31. Section 53C-1-202 is amended to read:
1413 53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
1414 Terms -- Replacement -- Chair -- Quorum -- Annual conflict of interest disclosure
1415 statement -- Penalties.
1416 (1) There is established the School and Institutional Trust Lands Board of Trustees.
1417 (2) The board shall consist of seven members appointed on a nonpartisan basis by the
1418 governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter
1419 24, Part 2, Vacancies.
1420 (3) (a) Except for the appointment made pursuant to Subsection (5), all appointments
1421 to the board shall be for a nonconsecutive term of six years, or until a replacement has been
1422 appointed and confirmed pursuant to this section.
1423 (b) If a vacancy occurs, the governor shall appoint a replacement, following the
1424 procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
1425 (c) Any member of the board who has served less than six years upon the expiration of
1426 that member's term is eligible for a consecutive reappointment.
1427 (4) (a) The governor shall select six of the seven appointees to the board from a
1428 nomination list of at least two candidates for each position or vacancy submitted pursuant to
1429 Section 53C-1-203.
1430 (b) The governor may request an additional nomination list of at least two candidates
1431 from the nominating committee if the initial list of candidates for a given position is
1432 unacceptable.
1433 (c) (i) If the governor fails to select an appointee within 60 days after receipt of the
1434 initial list or within 60 days after the receipt of an additional list, the nominating committee
1435 shall make an interim appointment by majority vote.
1436 (ii) The interim appointee shall serve until the matter is resolved by the committee and
1437 the governor or until replaced pursuant to this chapter.
1438 (5) (a) The governor may appoint one member without requiring a nomination list.
1439 (b) The member appointed under Subsection (5)(a) serves at the pleasure of the
1440 governor.
1441 (6) (a) Each board candidate shall possess outstanding professional qualifications
1442 pertinent to the purposes and activities of the trust.
1443 (b) The board shall represent the following areas of expertise:
1444 (i) nonrenewable resource management or development;
1445 (ii) renewable resource management or development; and
1446 (iii) real estate.
1447 (c) Other qualifications which are pertinent for membership to the board are expertise
1448 in any of the following areas:
1449 (i) business;
1450 (ii) investment banking;
1451 (iii) finance;
1452 (iv) trust administration;
1453 (v) asset management; and
1454 (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
1455 through (v).
1456 (7) The board of trustees shall select a chair and vice chair from its membership.
1457 (8) Before assuming a position on the board, each member shall take an oath of office.
1458 (9) Four members of the board constitute a quorum for the transaction of business.
1459 (10) The governor or five board members may, for cause, remove a member of the
1460 board.
1461 (11) A member of the board shall:
1462 (a) comply with the conflict of interest provisions described in Title 63G, Chapter 24,
1463 Part 3, Conflicts of Interest[
1464 (b) no sooner than January 1 and no later than January 31 of each year during which the
1465 member holds office on the board:
1466 (i) prepare a written conflict of interest disclosure statement that contains a response to
1467 each item of information described in Subsection 20A-11-1604(6); and
1468 (ii) submit the written disclosure statement to the administrator or clerk of the board.
1469 (12) (a) No later than 10 business days after the date on which the board member
1470 submits the written disclosure statement described in Subsection (11)(b) to the administrator or
1471 clerk of the board, the administrator or clerk shall:
1472 (i) post an electronic copy of the written disclosure statement on the administration's
1473 website; and
1474 (ii) provide the lieutenant governor with a link to the electronic posting described in
1475 Subsection (12)(a)(i).
1476 (b) The administrator or clerk shall ensure that the board member's written disclosure
1477 statement remains posted on the administration's website until the board member leaves office.
1478 (13) The administrator or clerk of the board shall take the action described in
1479 Subsection (14) if:
1480 (a) a board member fails to timely file the written disclosure statement described in
1481 Subsection (11)(b); or
1482 (b) a submitted written disclosure statement does not comply with the requirements of
1483 Subsection 20A-11-1604(6).
1484 (14) If a circumstance described in Subsection (13) occurs, the administrator or clerk of
1485 the board shall, within five days after the day on which the administrator or clerk determines
1486 that a violation occurred, notify the board member of the violation and direct the board member
1487 to submit an amended written disclosure statement correcting the problem.
1488 (15) (a) It is unlawful for a board member to fail to submit or amend a written
1489 disclosure statement within seven days after the day on which the board member receives the
1490 notice described in Subsection (14).
1491 (b) A board member who violates Subsection (15)(a) is guilty of a class B
1492 misdemeanor.
1493 (c) The administrator or clerk of the board shall report a violation of Subsection (15)(a)
1494 to the attorney general.
1495 (d) In addition to the criminal penalty described in Subsection (15)(b), the
1496 administrator or clerk of the board shall impose a civil fine of $100 against a board member
1497 who violates Subsection (15)(a).
1498 (16) The administrator or clerk of the board shall deposit a fine collected under this
1499 section into the board's account to pay for the costs of administering this section.
1500 Section 32. Section 63H-1-304 is enacted to read:
1501 63H-1-304. Annual conflict of interest disclosure statement -- Exception --
1502 Penalties.
1503 (1) Except as provided in Subsection (7), a board member shall, no sooner than
1504 January 1 and no later than January 31 of each year during which the board member holds
1505 office on the authority's board:
1506 (a) prepare a written conflict of interest disclosure statement that contains a response to
1507 each item of information described in Subsection 20A-11-1604(6); and
1508 (b) submit the written disclosure statement to the administrator or clerk of the
1509 authority's board.
1510 (2) (a) No later than 10 business days after the date on which the board member
1511 submits the written disclosure statement described in Subsection (1) to the administrator or
1512 clerk of the authority's board, the administrator or clerk shall:
1513 (i) post an electronic copy of the written disclosure statement on the authority's
1514 website; and
1515 (ii) provide the lieutenant governor with a link to the electronic posting described in
1516 Subsection (2)(a)(i).
1517 (b) The administrator or clerk shall ensure that the board member's written disclosure
1518 statement remains posted on the authority's website until the board member leaves office.
1519 (3) The administrator or clerk of the authority's board shall take the action described in
1520 Subsection (4) if:
1521 (a) a board member fails to timely file the written disclosure statement described in
1522 Subsection (1); or
1523 (b) a submitted written disclosure statement does not comply with the requirements of
1524 Subsection 20A-11-1604(b).
1525 (4) If a circumstance described in Subsection (3) occurs, the administrator or clerk of
1526 the authority's board shall, within five days after the day on which the administrator or clerk
1527 determines that a violation occurred, notify the board member of the violation and direct the
1528 board member to submit an amended written disclosure statement correcting the problem.
1529 (5) (a) It is unlawful for a board member to fail to submit or amend a written disclosure
1530 statement within seven days after the day on which the board member receives the notice
1531 described in Subsection (4).
1532 (b) A board member who violates Subsection (5)(a) is guilty of a class B misdemeanor.
1533 (c) The administrator or clerk of the authority's board shall report a violation of
1534 Subsection (5)(a) to the attorney general.
1535 (d) In addition to the criminal penalty described in Subsection (5)(b), the administrator
1536 or clerk of the authority's board shall impose a civil fine of $100 against a board member who
1537 violates Subsection (5)(a).
1538 (6) The administrator or clerk of the authority's board shall deposit a fine collected
1539 under this section into the board's account to pay for the costs of administering this section.
1540 (7) For an individual who is appointed as a board member under Subsection
1541 63H-1-302(2)(b):
1542 (a) Subsection (1) does not apply; and
1543 (b) the administrator or clerk of the authority's board shall, instead:
1544 (i) post an electronic link on the authority's website to the written disclosure statement
1545 the board member made in the board member's capacity as an elected officer of:
1546 (A) a county, under Section 17-16a-13; or
1547 (B) a municipality, under Section 10-3-1313; and
1548 (ii) provide the lieutenant governor with a link to the electronic posting described in
1549 Subsection (7)(b)(i).
1550 Section 33. Section 63H-4-102 is amended to read:
1551 63H-4-102. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
1552 expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties.
1553 (1) There is created an independent state agency and a body politic and corporate
1554 known as the "Heber Valley Historic Railroad Authority."
1555 (2) The authority is composed of eight members as follows:
1556 (a) one member of the county legislative body of Wasatch County;
1557 (b) the mayor of Heber City;
1558 (c) the mayor of Midway;
1559 (d) the executive director of the Department of Transportation or the executive
1560 director's designee;
1561 (e) the director of the Division of State Parks, or the director's designee; and
1562 (f) three public members appointed by the governor with the advice and consent of the
1563 Senate, being private citizens of the state, as follows:
1564 (i) two people representing the tourism industry, one each from Wasatch and Utah
1565 counties; and
1566 (ii) one person representing the public at large.
1567 (3) All members shall be residents of the state.
1568 (4) (a) Except as required by Subsection (4)(b), the three public members are appointed
1569 for four-year terms beginning July 1, 2010.
1570 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1571 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1572 authority members are staggered so that approximately half of the authority is appointed every
1573 two years.
1574 (5) Any of the three public members may be removed from office by the governor or
1575 for cause by an affirmative vote of any four members of the authority.
1576 (6) When a vacancy occurs in the membership for any reason, the replacement is
1577 appointed for the unexpired term by the governor with advice and consent of the Senate for the
1578 unexpired term.
1579 (7) Each public member shall hold office for the term of appointment and until a
1580 successor has been appointed and qualified.
1581 (8) A public member is eligible for reappointment, but may not serve more than two
1582 full consecutive terms.
1583 (9) The governor shall appoint the chair of the authority from among its members.
1584 (10) The members shall elect from among their number a vice chair and other officers
1585 they may determine.
1586 (11) The powers of the authority are vested in its members.
1587 (12) (a) Four members constitute a quorum for transaction of authority business.
1588 (b) An affirmative vote of at least four members is necessary for any action taken by
1589 the authority.
1590 (13) A member may not receive compensation or benefits for the member's service, but
1591 may receive per diem and travel expenses in accordance with:
1592 (a) Section 63A-3-106;
1593 (b) Section 63A-3-107; and
1594 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1595 63A-3-107.
1596 (14) Except as provided in Subsection (20), a member shall, no sooner than January 1
1597 and no later than January 31 of each year during which the member holds office on the
1598 authority:
1599 (a) prepare a written conflict of interest disclosure statement that contains a response to
1600 each item of information described in Subsection 20A-11-1604(6); and
1601 (b) submit the written disclosure statement to the administrator or clerk of the
1602 authority.
1603 (15) (a) No later than 10 business days after the date on which the member submits the
1604 written disclosure statement described in Subsection (14) to the administrator or clerk of the
1605 authority, the administrator or clerk shall:
1606 (i) post an electronic copy of the written disclosure statement on the authority's
1607 website; and
1608 (ii) provide the lieutenant governor with a link to the electronic posting described in
1609 Subsection (15)(a)(i).
1610 (b) The administrator or clerk shall ensure that the member's written disclosure
1611 statement remains posted on the authority's website until the member leaves office.
1612 (16) The administrator or clerk of the authority shall take the action described in
1613 Subsection (17) if:
1614 (a) a member fails to timely file the written disclosure statement described in
1615 Subsection (14); or
1616 (b) a submitted written disclosure statement does not comply with the requirements of
1617 Subsection 20A-11-1604(b).
1618 (17) If a circumstance described in Subsection (16) occurs, the administrator or clerk of
1619 the authority shall, within five days after the day on which the administrator or clerk
1620 determines that a violation occurred, notify the member of the violation and direct the member
1621 to submit an amended written disclosure statement correcting the problem.
1622 (18) (a) It is unlawful for a member to fail to submit or amend a written disclosure
1623 statement within seven days after the day on which the member receives the notice described in
1624 Subsection (17).
1625 (b) A member who violates Subsection (18)(a) is guilty of a class B misdemeanor.
1626 (c) The administrator or clerk of the authority shall report a violation of Subsection
1627 (18)(a) to the attorney general.
1628 (d) In addition to the criminal penalty described in Subsection (18)(b), the
1629 administrator or clerk of the authority shall impose a civil fine of $100 against a member who
1630 violates Subsection (18)(a).
1631 (19) The administrator or clerk of the authority shall deposit a fine collected under this
1632 section into the authority's account to pay for the costs of administering this section.
1633 (20) For an individual who is appointed to the authority under Subsection (2)(a), (b), or
1634 (c):
1635 (a) Subsection (14) does not apply; and
1636 (b) the administrator or clerk of the authority shall, instead:
1637 (i) post an electronic link on the authority's website to the written disclosure statement
1638 the member made in the member's capacity as an elected officer of:
1639 (A) a county, under Section 17-16a-13; or
1640 (B) a municipality, under Section 10-3-1313; and
1641 (ii) provide the lieutenant governor with a link to the electronic posting described in
1642 Subsection (20)(b)(i).
1643 Section 34. Section 63H-8-201 is amended to read:
1644 63H-8-201. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
1645 Quorum -- Per diem and expenses -- Annual conflict of interest disclosure statement --
1646 Penalties.
1647 (1) (a) There is created an independent body politic and corporate, constituting a public
1648 corporation, known as the "Utah Housing Corporation."
1649 (b) The corporation may also be known and do business as the:
1650 (i) Utah Housing Finance Association; and
1651 (ii) Utah Housing Finance Agency in connection with a contract entered into when that
1652 was the corporation's legal name.
1653 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
1654 the express approval of the corporation.
1655 (2) The corporation is governed by a board of trustees composed of the following nine
1656 trustees:
1657 (a) the executive director of the Department of Workforce Services or the executive
1658 director's designee;
1659 (b) the commissioner of the Department of Financial Institutions or the commissioner's
1660 designee;
1661 (c) the state treasurer or the treasurer's designee; and
1662 (d) six public trustees, who are private citizens of the state, as follows:
1663 (i) two people who represent the mortgage lending industry;
1664 (ii) two people who represent the home building and real estate industry; and
1665 (iii) two people who represent the public at large.
1666 (3) The governor shall:
1667 (a) appoint the six public trustees of the corporation with the advice and consent of the
1668 Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
1669 (b) ensure that:
1670 (i) the six public trustees are from different counties and are residents of the state; and
1671 (ii) not more than three of the public trustees are members of the same political party.
1672 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the six
1673 public trustees to terms of office of four years each.
1674 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1675 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1676 corporation trustees are staggered so that approximately half of the board is appointed every
1677 two years.
1678 (5) (a) A public trustee of the corporation may be removed from office for cause either
1679 by the governor or by an affirmative vote of six trustees of the corporation.
1680 (b) When a vacancy occurs in the board of trustees for any reason, the replacement
1681 shall be appointed for the unexpired term.
1682 (c) A public trustee shall hold office for the term of appointment and until the trustee's
1683 successor has been appointed and qualified.
1684 (d) A public trustee is eligible for reappointment but may not serve more than two full
1685 consecutive terms.
1686 (6) (a) The governor shall select the chair of the corporation.
1687 (b) The trustees shall elect from among their number a vice chair and other officers
1688 they may determine.
1689 (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
1690 (b) An affirmative vote of at least five trustees is necessary for any action to be taken
1691 by the corporation.
1692 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
1693 all rights and perform all duties of the corporation.
1694 (8) A trustee may not receive compensation or benefits for the trustee's service, but
1695 may receive per diem and travel expenses in accordance with:
1696 (a) Section 63A-3-106;
1697 (b) Section 63A-3-107; and
1698 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
1699 63A-3-107.
1700 (9) A trustee shall, no sooner than January 1 and no later than January 31 of each year
1701 during which the trustee holds office on the board of trustees:
1702 (a) prepare a written conflict of interest disclosure statement that contains a response to
1703 each item of information described in Subsection 20A-11-1604(6); and
1704 (b) submit the written disclosure statement to the administrator or clerk of the board of
1705 trustees.
1706 (10) (a) No later than 10 business days after the date on which the trustee submits the
1707 written disclosure statement described in Subsection (9) to the administrator or clerk of the
1708 board of trustees, the administrator or clerk shall:
1709 (i) post a copy of the written disclosure statement on the corporation's website; and
1710 (ii) provide the lieutenant governor with a link to the electronic posting described in
1711 Subsection (10)(a)(i).
1712 (b) The administrator or clerk shall ensure that the trustee's written disclosure
1713 statement remains posted on the corporation's website until the trustee leaves office.
1714 (11) The administrator or clerk of the board of trustees shall take the action described
1715 in Subsection (12) if:
1716 (a) a trustee fails to timely file the written disclosure statement described in Subsection
1717 (9); or
1718 (b) a submitted written disclosure statement does not comply with the requirements of
1719 Subsection 20A-11-1604(b).
1720 (12) If a circumstance described in Subsection (11) occurs, the administrator or clerk of
1721 the board of trustees shall, within five days after the day on which the administrator or clerk
1722 determines that a violation occurred, notify the trustee of the violation and direct the trustee to
1723 submit an amended written disclosure statement correcting the problem.
1724 (13) (a) It is unlawful for a trustee to fail to submit or amend a written disclosure
1725 statement within seven days after the day on which the trustee receives the notice described in
1726 Subsection (12).
1727 (b) A trustee who violates Subsection (13)(a) is guilty of a class B misdemeanor.
1728 (c) The administrator or clerk of the board of trustees shall report a violation of
1729 Subsection (13)(a) to the attorney general.
1730 (d) In addition to the criminal penalty described in Subsection (13)(b), the
1731 administrator or clerk of the board of trustees shall impose a civil fine of $100 against a
1732 member who violates Subsection (13)(a).
1733 (14) The administrator or clerk of the board shall deposit a fine collected under this
1734 section into the corporation's account to pay for the costs of administering this section.
1735 [
1736 (9), a trustee described in Subsection (2)(d) shall also comply with the conflict of interest
1737 provisions described in Section 63G-24-301.
1738 Section 35. Section 63M-14-202 is amended to read:
1739 63M-14-202. Organization of the authority -- Annual conflict of interest
1740 disclosure statement -- Penalties.
1741 (1) The authority is composed of seven authority members:
1742 (a) five authority members who represent Colorado River authority areas;
1743 (b) one authority member who represents the governor; and
1744 (c) one authority member who represents tribal interests.
1745 (2) The five Colorado River authority areas, defined by existing county boundaries that
1746 reflect the historic and current use of the Colorado River system, include:
1747 (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
1748 Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah
1749 Water Conservancy District;
1750 (b) the Uintah Basin Area composed of Duchesne and Uintah counties,
1751 notwithstanding that these counties fall within the Central Utah Area, and Daggett county;
1752 (c) the Price and San Rafael Area composed of Carbon and Emery counties;
1753 (d) the Virgin River Area composed of Kane and Washington counties; and
1754 (e) the State of Utah Area that represents:
1755 (i) the remaining counties using the Colorado River system;
1756 (ii) the Department of Natural Resources and the Department of Natural Resources'
1757 divisions; and
1758 (iii) the users of the Colorado River system that are not specifically included in the
1759 other four Colorado River authority areas and include Garfield, Grand, San Juan, and Wayne
1760 counties.
1761 (3) The members of the authority are:
1762 (a) four members appointed as follows:
1763 (i) a representative of the Central Utah Area appointed by the board of trustees of the
1764 Central Utah Water Conservancy District;
1765 (ii) a representative of the Uintah Basin Area appointed jointly by the boards of
1766 trustees of the Duchesne County and Uintah Water Conservancy Districts;
1767 (iii) a representative of the Price and San Rafael Area appointed jointly by the county
1768 commission of Carbon County and the board of trustees of the Emery Water Conservancy
1769 District; and
1770 (iv) a representative of the Virgin River Area appointed by the board of trustees of the
1771 Washington County Water Conservancy District;
1772 (b) the director of the Division of Water Resources as the representative of the State of
1773 Utah Area created in Subsection (2)(e);
1774 (c) the executive director of the Department of Natural Resources as the representative
1775 of the governor; and
1776 (d) a representative of tribal interests who is:
1777 (i) appointed by the governor; and
1778 (ii) a member of a federally recognized Indian tribe if the tribe is, in whole or in part,
1779 located within the state and within the Colorado River system.
1780 (4) A joint appointment required under Subsection (3) requires the agreement of both
1781 appointing authorities before the authority member seat is filled.
1782 (5) An authority member who is appointed under Subsection (3) shall:
1783 (a) be a resident of the state; and
1784 (b) have experience and a general knowledge of:
1785 (i) Colorado River issues and the use of the Colorado River system in the member's
1786 respective Colorado River authority area;
1787 (ii) the development of the use of the waters of the Colorado River system; and
1788 (iii) the rights of this state concerning the resources and benefits of the Colorado River
1789 system.
1790 (6) (a) An appointing authority shall notify the chair of:
1791 (i) the appointing authority's initial appointment to the authority; and
1792 (ii) the appointment of a new member or when a vacancy is being filled.
1793 (b) An appointment of an authority member is effective when received by the chair.
1794 (c) The initial term of an appointed authority member expires June 30, 2027. Before
1795 June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority
1796 members beginning July 1, 2027, and notify each appointing authority of the duration of the
1797 term of the appointing authority's authority member. The staggering of terms after July 1, 2027,
1798 shall result in approximately one-third of the appointed authority members' terms expiring
1799 every two years. After the respective terms of adjustment are complete, subsequent authority
1800 members shall be appointed by an appointing authority for six-year terms.
1801 (d) An authority member term shall end on June 30. New terms commence on July 1.
1802 (e) An authority member whose term has expired shall serve until replaced or
1803 reappointed by the applicable appointing authority.
1804 (f) An appointing authority may at any time remove the appointing authority's authority
1805 member for neglect of duty or malfeasance in office. If the authority member is jointly
1806 appointed, the authority member may only be removed by joint agreement of both appointing
1807 authorities.
1808 (7) In the event of a vacancy in the authority, the chair shall notify the appointing
1809 authority of the vacancy and ask that an authority member be promptly appointed.
1810 (8) (a) An authority member may not receive compensation or benefits for the
1811 member's service, but may receive per diem and travel expenses in accordance with:
1812 (i) Section 63A-3-106;
1813 (ii) Section 63A-3-107; and
1814 (iii) rules made by the Department of Finance pursuant to Sections 63A-3-106 and
1815 63A-3-107.
1816 (b) If an authority member is a full-time employee with either the state or a water
1817 conservancy district, the authority member is not eligible for the per diem compensation.
1818 (9) The executive director appointed under Section 63M-14-401 shall provide staff
1819 services to the authority.
1820 (10) An authority member shall, no sooner than January 1 and no later than January 31
1821 of each year during which the authority member holds office on the authority:
1822 (a) prepare a written conflict of interest disclosure statement that contains a response to
1823 each item of information described in Subsection 20A-11-1604(6); and
1824 (b) submit the written disclosure statement to the administrator or clerk of the
1825 authority.
1826 (11) (a) No later than 10 business days after the date on which the authority member
1827 submits the written disclosure statement described in Subsection (10) to the administrator or
1828 clerk of the authority, the administrator or clerk shall:
1829 (i) post a copy of the written disclosure statement on the authority's website; and
1830 (ii) provide the lieutenant governor with a link to the electronic posting described in
1831 Subsection (11)(a)(i).
1832 (b) The administrator or clerk shall ensure that the authority member's written
1833 disclosure statement remains posted on the authority's website until the authority member
1834 leaves office.
1835 (12) The administrator or clerk of the authority shall take the action described in
1836 Subsection (13) if:
1837 (a) an authority member fails to timely file the written disclosure statement described
1838 in Subsection (10); or
1839 (b) a submitted written disclosure statement does not comply with the requirements of
1840 Subsection 20A-11-1604(b).
1841 (13) If a circumstance described in Subsection (12) occurs, the administrator or clerk of
1842 the authority shall, within five days after the day on which the administrator or clerk
1843 determines that a violation occurred, notify the authority member of the violation and direct the
1844 authority member to submit an amended written disclosure statement correcting the problem.
1845 (14) (a) It is unlawful for an authority member to fail to submit or amend a written
1846 disclosure statement within seven days after the day on which the authority member receives
1847 the notice described in Subsection (13).
1848 (b) An authority member who violates Subsection (14)(a) is guilty of a class B
1849 misdemeanor.
1850 (c) The administrator or clerk of the authority shall report a violation of Subsection
1851 (14)(a) to the attorney general.
1852 (d) In addition to the criminal penalty described in Subsection (14)(b), the
1853 administrator or clerk of the authority shall impose a civil fine of $100 against an authority
1854 member who violates Subsection (14)(a).
1855 (15) The administrator or clerk of the authority shall deposit a fine collected under this
1856 section into the authority's account to pay for the costs of administering this section.
1857 Section 36. Section 67-16-3 is amended to read:
1858 67-16-3. Definitions.
1859 As used in this chapter:
1860 (1) "Agency" means:
1861 (a) any department, division, agency, commission, board, council, committee,
1862 authority, or any other institution of the state or any of its political subdivisions; or
1863 (b) an association as defined in Section 53G-7-1101.
1864 (2) "Agency head" means the chief executive or administrative officer of any agency.
1865 (3) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
1866 aid, advise, furnish information to, or otherwise provide assistance to a person or business
1867 entity, believing that such action is of help, aid, advice, or assistance to such person or business
1868 entity and with the intent to assist such person or business entity.
1869 (4) "Business entity" means a sole proprietorship, partnership, association, joint
1870 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
1871 a business.
1872 (5) "Compensation" means anything of economic value, however designated, which is
1873 paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
1874 other than the governmental employer for or in consideration of personal services, materials,
1875 property, or any other thing whatsoever.
1876 (6) "Controlled, private, or protected information" means information classified as
1877 controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and
1878 Management Act, or other applicable provision of law.
1879 (7) "Filing clerk" means:
1880 (a) the special district clerk, for a special public officer who holds an office on:
1881 (i) the board of trustees of a special district; or
1882 (ii) the governing body of a special service district; or
1883 (b) the school district administrator, for a special public officer who holds an office on
1884 a local school board.
1885 (8) "Governing body" means:
1886 (a) the legislative body of a county, city, or town that establishes a special service
1887 district, if an administrative control board has not been appointed under Section 17D-1-301; or
1888 (b) the administrative control board of a special service district, if the administrative
1889 control board has been appointed under Section 17D-1-301.
1890 [
1891 subdivision, or an agency, including:
1892 (a) any decision, determination, finding, ruling, or order; and
1893 (b) any grant, payment, award, license, contract, subcontract, transaction, decision,
1894 sanction, or approval, or the denial thereof, or the failure to act in respect to.
1895 [
1896 information to any person who does not have the right to receive the information.
1897 [
1898 any committee of the Legislature, who is appointed or employed to serve, either with or
1899 without compensation, for an aggregate of less than 800 hours during any period of 365 days.
1900 "Legislative employee" does not include legislators.
1901 [
1902 Legislature of the state of Utah.
1903 [
1904 political subdivision of the state that is not an agency, but does not include a municipality or a
1905 county.
1906 [
1907 employed on a full-time, part-time, or contract basis by:
1908 (i) the state;
1909 (ii) a political subdivision of the state; or
1910 (iii) an association as defined in Section 53G-7-1101.
1911 (b) "Public employee" does not include legislators or legislative employees.
1912 [
1913 (i) (A) of the state;
1914 (B) of a political subdivision of the state; or
1915 (C) an association as defined in Section 53G-7-1101; and
1916 (ii) who occupies a policymaking post.
1917 (b) "Public officer" includes a special public officer.
1918 [
1919 (16) "Special public officer" means a public officer who is an elected or appointed
1920 member of:
1921 (a) the board of trustees of a special district or the governing body of a special service
1922 district, if the special district or the special service district has an annual budget that is equal to
1923 or exceeds 10 times the revenue and expenditure amount described in Subsection 51-2a-201(1);
1924 or
1925 (b) a local school board.
1926 [
1927 [
1928 an individual, the individual's spouse, or the individual's minor children, of at least 10% of the
1929 outstanding capital stock of a corporation or a 10% interest in any other business entity.
1930 Section 37. Section 67-16-6 is amended to read:
1931 67-16-6. Receiving compensation for assistance in transaction involving an
1932 agency -- Sworn statement.
1933 (1) Except as provided in Subsection [
1934 public employee to receive or agree to receive compensation for assisting any person or
1935 business entity in any transaction involving an agency unless the public officer or public
1936 employee files a sworn, written statement [
1937 the information described in Subsection (2) with:
1938 (a) the head of the officer or employee's own agency;
1939 (b) the agency head of the agency with which the transaction is being conducted; [
1940 (c) the state attorney general[
1941 (d) for a public officer who is a special public officer, the filing clerk of the board of
1942 trustees, governing body, or local school board, as applicable, of which the special public
1943 officer is an elected or appointed member.
1944 (2) The [
1945 (a) the name and address of the public officer or public employee involved;
1946 (b) the name of the public officer's or public employee's agency;
1947 (c) the name and address of the person or business entity being or to be assisted; and
1948 (d) a brief description of:
1949 (i) the transaction as to which service is rendered or is to be rendered; and
1950 (ii) the nature of the service performed or to be performed.
1951 (3) [
1952 public officer or public employee shall file the sworn statement described in Subsection (1) on
1953 or before the earlier of:
1954 (a) 10 days after the date [
1955
1956 employee and the person or business entity being assisted enter into an agreement; or
1957 (b) the [
1958 employee's receipt of compensation.
1959 (4) In accordance with Subsection (1)(d), a special public officer shall file the sworn
1960 statement with the filing clerk on or before the earlier of the deadlines described in Subsections
1961 (3)(a) and (b).
1962 (5) A filing clerk who receives the sworn statement described in Subsection (1) shall:
1963 (a) post a copy of the special public officer's sworn statement on, as applicable, the
1964 special district's, special service district's, or school district's website; and
1965 (b) ensure that the sworn statement remains posted on the website described in
1966 Subsection (5)(a) until the special public officer leaves office.
1967 [
1968 information and shall be available for examination by the public.
1969 [
1970 engages in conduct that constitutes a violation of this section to the extent that the public
1971 officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or
1972 Section 76-8-105.
1973 Section 38. Section 67-16-7 is amended to read:
1974 67-16-7. Disclosure of substantial interest in regulated business -- Exceptions.
1975 (1) Except as provided in Subsection (5), a public officer or public employee who is an
1976 officer, director, agent, employee, or owner of a substantial interest in any business entity that
1977 is subject to the regulation of the agency by which the public officer or public employee is
1978 employed shall disclose [
1979 the public officer's or public employee's interest in the entity:
1980 (a) upon first becoming a public officer or public employee;
1981 (b) whenever the public officer's or public employee's position in the business entity
1982 changes significantly; and
1983 (c) if the value of the public officer's or public employee's interest in the entity
1984 increases significantly.
1985 (2) The disclosure required under Subsection (1) shall be made in a sworn statement
1986 filed with:
1987 (a) for a public officer or a public employee of the state, the attorney general;
1988 (b) for a public officer or a public employee of a political subdivision, the chief
1989 governing body of the political subdivision;
1990 (c) the head of the agency with which the public officer or public employee is
1991 affiliated; [
1992 (d) for a public employee, the public employee's immediate supervisor[
1993 (e) for a public officer who is a special public officer, the filing clerk of the board or
1994 trustees, governing body, or local school board, as applicable, of which the special public
1995 officer is an elected or appointed member.
1996 (3) A filing clerk who receives the sworn statement described in Subsection (1) shall:
1997 (a) post a copy of the special public officer's sworn statement on, as applicable, the
1998 special district's, special service district's, or school district's website; and
1999 (b) ensure that the sworn statement remains posted on the website described in
2000 Subsection (3)(a) until the special public officer leaves office.
2001 [
2002 substantial interest does not exceed $[
2003 (b) A life insurance policy or an annuity is not required to be considered in determining
2004 the value of a substantial interest under this section.
2005 [
2006 whom a disclosure is filed under Subsection (2) shall make the disclosure available for public
2007 inspection.
2008 [
2009 public officer files a disclosure under Section 20A-11-1604.
2010 Section 39. Section 67-16-16 is enacted to read:
2011 67-16-16. Special public officer -- Annual conflict of interest disclosure statement
2012 -- Exception -- Penalties.
2013 (1) Except as provided in Subsection (7), a special public officer shall, no sooner than
2014 January 1 and no later than January 31 of each year during which the special public officer
2015 holds elected or appointed office:
2016 (a) prepare a written conflict of interest disclosure statement that contains a response to
2017 each item of information described in Subsection 20A-11-1604(6); and
2018 (b) submit the written disclosure statement to the filing clerk.
2019 (2) (a) No later than 10 business days after the day on which a special public officer
2020 submits the written disclosure statement described in Subsection (1) to the filing clerk, the
2021 filing clerk shall:
2022 (i) post an electronic copy of the written disclosure statement on, as applicable, the
2023 special district's, special service district's, or school district's website; and
2024 (ii) provide the lieutenant governor with a link to the electronic posting described in
2025 Subsection (2)(a)(i).
2026 (b) The filing clerk shall ensure that the special public officer's written disclosure
2027 statement remains posted on the website described in Subsection (2)(a)(i) until the special
2028 public officer leaves office.
2029 (3) The filing clerk shall take the action described in Subsection (4) if:
2030 (a) a special public officer fails to timely submit a written disclosure statement; or
2031 (b) a submitted written disclosure statement does not comply with the requirements of
2032 Section 20A-11-1604(6).
2033 (4) If a circumstance described in Subsection (3) occurs, the filing clerk shall, within
2034 five days after the day on which the filing clerk determines that a violation occurred, notify the
2035 special public officer of the violation and direct the special public officer to submit an amended
2036 report correcting the problem.
2037 (5) (a) It is unlawful for a special public officer to fail to submit or amend a written
2038 disclosure statement within seven days after the day on which the special public officer
2039 receives the notice described in Subsection (4).
2040 (b) A special public officer who violates Subsection (5)(a) is guilty of a class B
2041 misdemeanor.
2042 (c) The filing clerk shall report a violation of Subsection (5)(a) to the attorney general.
2043 (d) In addition to the criminal penalty described in Subsection (5)(b), the filing clerk
2044 shall impose a civil fine of $100 against a special public officer who violates Subsection (5)(a).
2045 (6) The filing clerk shall deposit a fine collected under this section into the, as
2046 applicable, special district's, special service district's, or school district's general fund as a
2047 dedicated credit to pay for the costs of administering this section.
2048 (7) For a special public officer who is also a state legislator, a member of the
2049 legislative body of a county or municipality, or who is otherwise required to make the written
2050 disclosure statement described in Subsection (1) under another provision of law:
2051 (a) Subsection (1) does not apply; and
2052 (b) the filing clerk shall, instead:
2053 (i) post an electronic link on the website described in Subsection (2)(a)(i) to the written
2054 disclosure statement the special public officer made in the special public officer's capacity as:
2055 (A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest
2056 Disclosures;
2057 (B) an elected officer of a county, under Section 17-16a-13;
2058 (C) an elected officer of a municipality, under Section 10-3-1313; or
2059 (D) an individual who is otherwise required make the written disclosure statement
2060 described in Subsection (1) under another provision of law; and
2061 (ii) provide the lieutenant governor with a link to the electronic posting described in
2062 Subsection (7)(b)(i).
2063 Section 40. Section 73-32-302 is amended to read:
2064 73-32-302. Advisory council created -- Staffing -- Per diem and travel expenses --
2065 Annual conflict of interest disclosure statement -- Exception -- Penalties.
2066 (1) There is created an advisory council known as the "Great Salt Lake Advisory
2067 Council" consisting of 11 members listed in Subsection (2).
2068 (2) (a) The governor shall appoint the following members, with the advice and consent
2069 of the Senate:
2070 (i) one representative of industry representing the extractive industry;
2071 (ii) one representative of industry representing aquaculture;
2072 (iii) one representative of conservation interests;
2073 (iv) one representative of a migratory bird protection area as defined in Section
2074 23A-13-101;
2075 (v) one representative who is an elected official from municipal government, or the
2076 elected official's designee;
2077 (vi) five representatives who are elected officials from county government, or the
2078 elected official's designee, one each representing:
2079 (A) Box Elder County;
2080 (B) Davis County;
2081 (C) Salt Lake County;
2082 (D) Tooele County; and
2083 (E) Weber County; and
2084 (vii) one representative of a publicly owned treatment works.
2085 (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
2086 term.
2087 (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
2088 the governor shall adjust the length of terms of voting members to ensure that the terms of
2089 council members are staggered so that approximately half of the council is appointed every two
2090 years.
2091 (c) When a vacancy occurs in the membership for any reason, the governor shall
2092 appoint a replacement for the unexpired term with the advice and consent of the Senate.
2093 (d) A member shall hold office until the member's successor is appointed and qualified.
2094 (4) The council shall determine:
2095 (a) the time and place of meetings; and
2096 (b) any other procedural matter not specified in this chapter.
2097 (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
2098 (b) A vote of the majority of the members present at a meeting when a quorum is
2099 present constitutes an action of the council.
2100 (6) A member may not receive compensation or benefits for the member's service, but
2101 may receive per diem and travel expenses in accordance with:
2102 (a) Section 63A-3-106;
2103 (b) Section 63A-3-107; and
2104 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2105 63A-3-107.
2106 (7) The office, the department, and the Department of Environmental Quality shall
2107 coordinate and provide necessary staff assistance to the council.
2108 (8) Except as provided in Subsection (14), a council member shall, no sooner than
2109 January 1 and no later than January 31 of each year during which the council member holds
2110 office on the council:
2111 (a) prepare a written conflict of interest disclosure statement that contains a response to
2112 each item of information described in Subsection 20A-11-1604(6); and
2113 (b) submit the written disclosure statement to the administrator or clerk of the council.
2114 (9) (a) No later than 10 business days after the date on which the council member
2115 submits the written disclosure statement described in Subsection (8) to the administrator or
2116 clerk of the council, the administrator or clerk shall:
2117 (i) post an electronic copy of the written disclosure statement on the council's website;
2118 and
2119 (ii) provide the lieutenant governor with a link to the electronic posting described in
2120 Subsection (9)(a)(i).
2121 (b) The administrator or clerk of the council shall ensure that the council member's
2122 written disclosure statement remains posted on the council's website until the council member
2123 leaves office.
2124 (10) The administrator or clerk of the council shall take the action described in
2125 Subsection (11) if:
2126 (a) a council member fails to timely file the written disclosure statement described in
2127 Subsection (8); or
2128 (b) a submitted written disclosure statement does not comply with the requirements of
2129 Subsection 20A-11-1604(b).
2130 (11) If a circumstance described in Subsection (10) occurs, the administrator or clerk of
2131 the council shall, within five days after the day on which the administrator or clerk determines
2132 that a violation occurred, notify the council member of the violation and direct the council
2133 member to submit an amended written disclosure statement correcting the problem.
2134 (12) (a) It is unlawful for a council member to fail to submit or amend a written
2135 disclosure statement within seven days after the day on which the council member receives the
2136 notice described in Subsection (11).
2137 (b) A council member who violates Subsection (12)(a) is guilty of a class B
2138 misdemeanor.
2139 (c) The administrator or clerk of the council shall report a violation of Subsection
2140 (12)(a) to the attorney general.
2141 (d) In addition to the criminal penalty described in Subsection (12)(b), the
2142 administrator or clerk of the council shall impose a civil fine of $100 against a council member
2143 who violates Subsection (12)(a).
2144 (13) The administrator or clerk of the council shall deposit a fine collected under this
2145 section into the council's account to pay for the costs of administering this section.
2146 (14) For an individual appointed to the council under Subsection (2)(a)(v) or (vi):
2147 (a) Subsection (8) does not apply; and
2148 (b) the administrator or clerk of the council shall, instead:
2149 (i) post an electronic link on the council's website to the written disclosure statement
2150 the council member made in the council member's capacity as an elected officer of:
2151 (A) a county, under Section 17-16a-13; or
2152 (B) a municipality, under Section 10-3-1313; and
2153 (ii) provide the lieutenant governor with a link to the electronic posting described in
2154 Subsection (14)(b)(i).
2155 Section 41. Effective date.
2156 This bill takes effect on May 1, 2024.