10-3-1313. Annual conflict of interest disclosure -- City recorder or town clerk -- Posting of written disclosure statement -- Penalties.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)In addition to any other disclosure obligation described in this part, an elected officer shall, no sooner than January 1 and no later than January 31 of each year during which the elected officer holds the office of mayor, commissioner, or council member:

(a)prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604 (6); and

(b)submit the written disclosure statement to the city recorder or town clerk.

(a)No later than 10 business days after the day on which the elected officer submits the written disclosure statement described in Subsection

(1)to the city recorder or town clerk, the city recorder or town clerk shall:

(i)post an electronic copy of the written disclosure statement on the municipality's website; and

(ii)provide the lieutenant governor with a link to the electronic posting described in Subsection (2)(a)(i).

(b)The city recorder or town clerk shall ensure that the elected officer's written disclosure statement remains posted on the municipality's website until the elected officer leaves office.

(3)A city recorder or town clerk shall take the action described in Subsection

(4)if:

(a)an elected officer fails to timely submit the written disclosure statement described in Subsection (1); or

(b)a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604 (6).

(4)If a circumstance described in Subsection

(3)occurs, the city recorder or town clerk shall, within five days after the day on which the city recorder or town clerk determines that a violation occurred, notify the elected officer of the violation and direct the elected officer to submit an amended written disclosure statement correcting the problem.

(a)It is unlawful for an elected officer to fail to submit or amend a written disclosure statement within seven days after the day on which the elected officer receives the notice described in Subsection (4).

(b)An elected officer who violates Subsection (5)(a) is guilty of a class B misdemeanor.

(c)The city recorder or town clerk shall report a violation of Subsection (5)(a) to the attorney general.

(d)In addition to the criminal penalty described in Subsection (5)(b), the city recorder or town clerk shall impose a civil fine of $100 against an elected officer who violates Subsection (5)(a).

(6)The city recorder or town clerk shall deposit a fine collected under this section into the municipality's general fund as a dedicated credit to pay for the costs of administering this section.

Enacted by Chapter 443 , 2024 General Session