63H-1-304. Annual conflict of interest disclosure statement -- Exception -- Penalties.

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Effective 11/6/2025

(1)Except as provided in Subsection

(7), a board member shall, no sooner than January 1 and no later than January 31 of each year during which the board member holds office on the authority's board:

(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 administrator or clerk of the authority's board.

(a)No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection

(1)to the administrator or clerk of the authority's board, the administrator or clerk shall:

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

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

(b)The administrator or clerk shall ensure that the board member's written disclosure statement remains posted on the authority's website until the board member leaves office.

(3)The administrator or clerk of the authority's board shall take the action described in Subsection

(4)if:

(a)a board member fails to timely file 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 administrator or clerk of the authority's board shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the board member of the violation and direct the board member to submit an amended written disclosure statement correcting the problem.

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

(4).

(b)A board member who violates Subsection (5)(a) is guilty of a class B misdemeanor.

(c)The administrator or clerk of the authority's board 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 administrator or clerk of the authority's board shall impose a civil fine of $100 against a board member who violates Subsection (5)(a) .

(6)The administrator or clerk of the authority's board shall deposit a fine collected under this section into the board's account to pay for the costs of administering this section.

(7)For an individual who is appointed as a board member under Subsection 63H-1-302 (2)(b):

(a)Subsection

(1)does not apply; and

(b)the administrator or clerk of the authority's board shall, instead:

(i)post an electronic link on the authority's website to the written disclosure statement the board member made in the board member's capacity as an elected officer of:

(A)a county, under Section 17-70-509 ; or

(B)a municipality, under Section 10-3-1313 ; and

(ii)provide the lieutenant governor with a link to the electronic posting described in Subsection (7)(b)(i) .

Amended by Chapter 17 , 2025 Special Session 1