Utah Code 20A-11-1604. Failure to disclose conflict of interest — Failure to comply with reporting requirements
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 20A-11-1604
- Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
- Conflict of interest: means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an individual or entity that the officeholder is required to disclose under the provisions of this section, if that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally. See Utah Code 20A-11-1602
- Conflict of interest disclosure: means a disclosure, on the website, of all information required under Section
20A-11-1604 . See Utah Code 20A-11-1602 - Contract: A legal written agreement that becomes binding when signed.
- Entity: means a corporation, a partnership, a limited liability company, a limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint venture, a governmental entity, an unincorporated organization, or any other legal entity, regardless of whether it is established primarily for the purpose of gain or economic profit. See Utah Code 20A-11-1602
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Income: means earnings, compensation, or any other payment made to an individual for gain, regardless of source, whether denominated as wages, salary, commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses, reimbursement, dividends, or otherwise. See Utah Code 20A-11-1602
- Individual: means a natural person. See Utah Code 20A-11-101
- Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
- Owner or officer: includes :(8)(b)(i) a member of a board of directors or other governing body of an entity; or(8)(b)(ii) a partner in any type of partnership. See Utah Code 20A-11-1602
- Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
- Preceding year: means the year immediately preceding the day on which the regulated officeholder makes a conflict of interest disclosure. See Utah Code 20A-11-1602
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Regulated officeholder: means an individual who is required to make a conflict of interest disclosure under the provisions of this part. See Utah Code 20A-11-1602
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State constitutional officer: means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general. See Utah Code 20A-11-1602
- Website: means the Candidate and Officeholder Conflict of Interest Disclosure Website described in Section
Utah Code 20A-11-1602 (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.(1)(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.(1)(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:
(2)(a) on the official record of the action taken, for a state constitutional officer;
(2)(b) in the minutes of the committee meeting or in the Senate or House Journal, as applicable, for a legislator; or
(2)(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:
(3)(a)
(3)(a)(i) no sooner than January 1 each year, and before January 11 each year; or
(3)(a)(ii) if the state constitutional officer takes office after January 10, within 10 days after the day on which the state constitutional officer takes office; and
(3)(b) each time the state constitutional officer changes employment.
(4) A legislator shall make a complete conflict of interest disclosure on the website:
(4)(a)
(4)(a)(i) no sooner than January 1 each year, and before January 11 each year; or
(4)(a)(ii) if the legislator takes office after January 10, within 10 days after the day on which the legislator takes office; and
(4)(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:
(5)(a)
(5)(a)(i) no sooner than January 1 each year, and before January 11 each year; or
(5)(a)(ii) if the member takes office after January 10, within 10 days after the day on which the member takes office; and
(5)(b) each time the member changes employment.
(6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall include:
(6)(a) the regulated officeholder‘s name;
(6)(b) 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;
(6)(c) for each employer described in Subsection (6)(b), a brief description of the employment, including the regulated officeholder’s occupation and, as applicable, job title;
(6)(d) for each entity in which the regulated officeholder is an owner or officer, or was an owner or officer during the preceding year:
(6)(d)(i) the name of the entity;
(6)(d)(ii) a brief description of the type of business or activity conducted by the entity; and
(6)(d)(iii) the regulated officeholder’s position in the entity;
(6)(e) in accordance with Subsection (7), for each individual from whom, or entity from which, the regulated officeholder has received $5,000 or more in income during the preceding year:
(6)(e)(i) the name of the individual or entity; and
(6)(e)(ii) a brief description of the type of business or activity conducted by the individual or entity;
(6)(f) 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:
(6)(f)(i) the name of the entity; and
(6)(f)(ii) a brief description of the type of business or activity conducted by the entity;
(6)(g) for each entity not listed in Subsections (6)(d) through (f) 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:
(6)(g)(i) the name of the entity or organization;
(6)(g)(ii) a brief description of the type of business or activity conducted by the entity; and
(6)(g)(iii) the type of position held by the regulated officeholder;
(6)(h) 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;
(6)(i) the name of the regulated officeholder’s spouse and any other adult residing in the regulated officeholder’s household who is not related by blood or marriage, as applicable;
(6)(j) for the regulated officeholder’s spouse, the information that a regulated officeholder is required to provide under Subsection (6)(b);
(6)(k) a brief description of the employment and occupation of each adult who:
(6)(k)(i) resides in the regulated officeholder’s household; and
(6)(k)(ii) is not related to the regulated officeholder by blood or marriage;
(6)(l) 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;
(6)(m) the date the form was completed;
(6)(n) a statement that the regulated officeholder believes that the form is true and accurate to the best of the regulated officeholder’s knowledge; and
(6)(o) the signature of the regulated officeholder.
(7) In making the disclosure described in Subsection (6)(e), 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)(e) 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)(e) in relation to the regulated officeholder’s individual customers or clients.
(8) The disclosure requirements described in this section do not prohibit a regulated officeholder from voting or acting on any matter.
(9) A regulated officeholder may amend a conflict of interest disclosure described in this part at any time.
(10) A regulated officeholder who violates the requirements of Subsection (1) is guilty of a class B misdemeanor.
(11)
(11)(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.
(11)(b) In addition to the criminal penalty described in Subsection (11)(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).