20A-11-1602. Definitions.

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

Effective 11/6/2025

As used in this part:

(1)"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.

(2)"Conflict of interest disclosure" means a disclosure, on the website, of all information required under Section 20A-11-1604 .

(3)"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.

(4)"Local official" means:

(a)an elected officer of:

(i)a municipality under Title 10, Chapter 3, Part 13 , Municipal Officers' and Employees' Ethics Act; or

(ii)a county under Title 17, Chapter 70, Part 5 , Disclosure Duties Applicable to All County Officers;

(b)a special public officer under Title 67, Chapter 16 , Utah Public Officers' and Employees' Ethics Act; or

(c)another individual:

(i)who is not a regulated officeholder; and

(ii)who is required to annually make a conflict of interest disclosure in accordance with Subsection 20A-11-1604 (6).

(5)"Filing officer" means:

(a)the lieutenant governor, for the office of a state constitutional officer or State Board of Education member; or

(b)the lieutenant governor or the county clerk in the county of the candidate's residence, for a state legislative office.

(6)"Immediate family" means the regulated officeholder's spouse, a child living in the regulated officeholder's immediate household, or an individual claimed as a dependent for state or federal income tax purposes by the regulated officeholder.

(7)"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.

(a)"Owner or officer" means an individual who owns an ownership interest in an entity or holds a position where the person has authority to manage, direct, control, or make decisions for:

(i)the entity or a portion of the entity; or

(ii)an employee, agent, or independent contractor of the entity.

(b)"Owner or officer" includes:

(i)a member of a board of directors or other governing body of an entity; or

(ii)a partner in any type of partnership.

(9)"Preceding year" means the year immediately preceding the day on which the regulated officeholder makes a conflict of interest disclosure.

(10)"Regulated officeholder" means an individual who is required to make a conflict of interest disclosure under the provisions of this part.

(11)"State constitutional officer" means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general.

(12)"Website" means the Candidate and Officeholder Conflict of Interest Disclosure Website described in Section 20A-11-1602.5 .

Amended by Chapter 16 , 2025 Special Session 1