20A-11-1602.  Definitions.
     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.

Terms Used In Utah Code 20A-11-1602

  • Candidate: means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public 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.
  • Dependent: A person dependent for support upon another.
  • 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
  • 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. See Utah Code 20A-11-1602
  • 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
  • Legislative office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • 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
  • 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
  • Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
  • 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 20A-11-1602. See Utah Code 20A-11-1602
  • (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)  “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.

    (5)  “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.

    (6)  “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.

    (7) 

    (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.

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

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

    (10)  “State constitutional officer” means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general.

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

    Amended by Chapter 20, 2021 General Session