Utah Code § 20A-11-1604 — Utah Code / Title 20A / Chapter 20A-11 / § 20A-11-1604
§ 20A-11-1604. Failure to disclose conflict of interest -- Failure to comply with reporting requirements.
Status: in_force

(1) (a) Before or during the execution of any order, settlement, declaration, contract, or any other official act of office in which a state constitutional officer has actual knowledge that the state constitutional officer has a conflict of interest that is not stated in the conflict of interest disclosure, the state constitutional officer shall publicly declare that the state constitutional officer may have a conflict of interest and what that conflict of interest is. (b) Before or during any vote on legislation or any legislative matter in which a legislator has actual knowledge that the legislator has a conflict of interest that is not stated in the conflict of interest disclosure, the legislator shall orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is. (c) Before or during any vote on any rule, resolution, order, or any other board matter in which a member of the State Board of Education has actual knowledge that the member has a conflict of interest that is not stated in the conflict of interest disclosure, the member shall orally declare to the board that the member may have a conflict of interest and what that conflict of interest is. (2) Any public declaration of a conflict of interest that is made under Subsection (1) shall be noted: (a) on the official record of the action taken, for a state constitutional officer; (b) in the minutes of the committee meeting or in the Senate or House Journal, as applicable, for a legislator; or (c) in the minutes of the meeting or on the official record of the action taken, for a member of the State Board of Education. (3) A state constitutional officer shall make a complete conflict of interest disclosure on the website: (a) (i) no sooner than January 1 each year, and before January 11 each year; or (ii) if the state constitutional officer takes office after January 10, within 10 calendar days after the day on which the state constitutional officer takes office; and (b) each time the state constitutional officer changes employment. (4) A legislator shall make a complete conflict of interest disclosure on the website: (a) (i) no sooner than January 1 each year, and before January 11 each year; or (ii) if the legislator takes office after January 10, within 10 calendar days after the day on which the legislator takes office; and (b) each time the legislator changes employment. (5) A member of the State Board of Education shall make a complete conflict of interest disclosure on the website: (a) (i) no sooner than January 1 each year, and before January 11 each year; or (ii) if the member takes office after January 10, within 10 calendar days after the day on which the member takes office; and (b) each time the member changes employment. (6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall include: (a) the regulated officeholder's name; (b) subject to Subsection (7): (i) the name and address of each of the regulated officeholder's current employers and each of the regulated officeholder's employers during the preceding year; and (ii) for each employer described in this Subsection (6)(b), a brief description of the employment, including the regulated officeholder's occupation and, as applicable, job title; (c) for each entity in which the regulated officeholder is an owner or officer, or was an owner or officer during the preceding year: (i) the name of the entity; (ii) a brief description of the type of business or activity conducted by the entity; and (iii) the regulated officeholder's position in the entity; (d) in accordance with Subsection (8), for each individual from whom, or entity from which, the regulated officeholder has received $5,000 or more in income during the preceding year: (i) the name of the individual or entity; and (ii) a brief description of the type of business or activity conducted by the individual or entity; (e) for each entity in which the regulated officeholder holds any stocks or bonds having a fair market value of $5,000 or more as of the date of the disclosure form or during the preceding year, but excluding funds that are managed by a third party, including blind trusts, managed investment accounts, and mutual funds: (i) the name of the entity; and (ii) a brief description of the type of business or activity conducted by the entity; (f) for each entity not listed in Subsections (6)(c) through (e) in which the regulated officeholder currently serves, or served in the preceding year, in a paid leadership capacity or in a paid or unpaid position on a board of directors: (i) the name of the entity or organization; (ii) a brief description of the type of business or activity conducted by the entity; and (iii) the type of position held by the regulated officeholder; (g) at the option of the regulated officeholder, a description of any real property in which the regulated officeholder holds an ownership or other financial interest that the regulated officeholder believes may constitute a conflict of interest, including a description of the type of interest held by the regulated officeholder in the property; (h) subject to Subsection (7): (i) the name of the regulated officeholder's spouse; and (ii) the name of each of the regulated officeholder's spouse's current employers and each of the regulated officeholder's spouse's employers during the preceding year, if the regulated officeholder believes the employment may constitute a conflict of interest; (i) the name of any adult residing in the regulated officeholder's household who is not related to the officeholder by blood; (j) for each adult described in Subsection (6)(i), a brief description of the adult's employment or occupation, if the regulated officeholder believes the adult's presence in the regulated officeholder's household may constitute a conflict of interest; (k) at the option of the regulated officeholder, a description of any other matter or interest that the regulated officeholder believes may constitute a conflict of interest; (l) the date the form was completed; (m) a statement that the regulated officeholder believes that the form is true and accurate to the best of the regulated officeholder's knowledge; and (n) the signature of the regulated officeholder. (7) (a) In making the disclosure described in Subsection (6)(b) or (h), if a regulated officeholder or regulated officeholder's spouse is an at-risk government employee, as that term is defined in Subsection 63G-2-303(1)(a), the regulated officeholder may request the filing officer to redact from the conflict of interest disclosure: (i) the regulated officeholder's employment information under Subsection (6)(b); and (ii) the regulated officeholder's spouse's name and employment information under Subsection (6)(h). (b) A filing officer who receives a redaction request under Subsection (7)(a) shall redact the disclosures made under Subsection (6)(b) or (h) before the filing officer makes the conflict of interest disclosure available for public inspection. (8) In making the disclosure described in Subsection (6)(d), a regulated officeholder who provides goods or services to multiple customers or clients as part of a business or a licensed profession is only required to provide the information described in Subsection (6)(d) in relation to the entity or practice through which the regulated officeholder provides the goods or services and is not required to provide the information described in Subsection (6)(d) in relation to the regulated officeholder's individual customers or clients. (9) The disclosure requirements described in this section do not prohibit a regulated officeholder from voting or acting on any matter. (10) A regulated officeholder may amend a conflict of interest disclosure described in this part at any time. (11) A regulated officeholder who violates the requirements of Subsection (1) is guilty of a class B misdemeanor. (12) (a) A regulated officeholder who intentionally or knowingly violates a provision of this section, other than Subsection (1), is guilty of a class B misdemeanor. (b) In addition to the criminal penalty described in Subsection (12)(a), the lieutenant governor shall impose a civil penalty of $100 against a regulated officeholder who violates a provision of this section, other than Subsection (1).