20A-11-1605. Failure to file — Penalties.
| (1) |
Within 60 days after the day on which a regulated officeholder is required to file a conflict of interest disclosure under Subsection 20A-11-1604(3), (4) or (5), the lieutenant governor shall review each filed conflict of interest disclosure to ensure that:
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 20A-11-1605- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
- 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
| (a) |
each regulated officeholder who is required to file a conflict of interest disclosure has filed one; and |
| (b) |
each conflict of interest disclosure contains the information required under Section 20A-11-1604. |
|
| (2) |
The lieutenant governor shall take the action described in Subsection (3) if:
| (a) |
a regulated officeholder has failed to timely file a conflict of interest disclosure; |
| (b) |
a filed conflict of interest disclosure does not comply with the requirements of Section 20A-11-1604; or |
| (c) |
the lieutenant governor receives a written complaint alleging a violation of Section 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor determines that a violation occurred. |
|
| (3) |
If a circumstance described in Subsection (2) occurs, the lieutenant governor shall, within five days after the day on which the lieutenant governor determines that a violation occurred, notify the regulated officeholder of the violation and direct the regulated officeholder to file an amended report correcting the problem. |
| (4) |
| (a) |
It is unlawful for a regulated officeholder to fail to file or amend a conflict of interest disclosure within seven days after the day on which the regulated officeholder receives the notice described in Subsection (3). |
| (b) |
A regulated officeholder who violates Subsection (4)(a) is guilty of a class B misdemeanor. |
| (c) |
The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general. |
| (d) |
In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $100 against a regulated officeholder who violates Subsection (4)(a). |
|
| (5) |
The lieutenant governor shall deposit a fine collected under this part into the General Fund as a dedicated credit to pay for the costs of administering the provisions of this part. |
Amended by Chapter 20, 2021 General Session
