11-59-306. Limitations on board members -- Annual conflict of interest disclosure statement -- Exception -- Penalties.
(1) As used in this section:
(a) "Designated individual" means an individual:
(i)
(A) who is a member of the Senate or House of Representatives;
(B) who has been appointed as a member of the board under Subsection 11-59-302(2)(a) or (b); and
(C) whose legislative district includes some or all of the point of the mountain state land; or
(ii) who is designated to serve as a board member under Subsection 11-59-302(2)(e) or (f).
(b) "Direct financial benefit":
(i) means any form of financial benefit that accrues to an individual directly as a result of the development of the point of the mountain state land, including:
(A) compensation, commission, or any other form of a payment or increase of money; and
(B) an increase in the value of a business or property; and
(ii) does not include a financial benefit that accrues to the public generally as a result of the development of the point of the mountain state land.
(c) "Family member" means a parent, spouse, sibling, child, or grandchild.
(d)
(i) "Interest in real property" means every type of real property interest, whether recorded or unrecorded, including:
(A) a legal or equitable interest;
(B) an option on real property;
(C) an interest under a contract;
(D) fee simple ownership;
(E) ownership as a tenant in common or in joint tenancy or another joint ownership arrangement;
(F) ownership through a partnership, limited liability company, or corporation that holds title to a real property interest in the name of the partnership, limited liability company, or corporation;
(G) leasehold interest; and
(H) any other real property interest that is capable of being owned.
(ii) "Interest in real property" does not include:
(A) an interest in a personal residence in which the individual resides or, in the case of an intended future acquisition, intends to reside; or
(B) an interest as a tenant paying market-rate rent in a building that is located on point of the mountain state land.
(2) An individual may not serve as a member of the board if:
(a) subject to Subsection (5) for a designated individual, the individual owns an interest in real property on or within five miles of the point of the mountain state land;
(b) a family member of the individual owns an interest in real property located on or within one-half mile of the point of the mountain state land;
(c) the individual or a family member of the individual owns an interest in, is directly affiliated with, or is an employee or officer of a firm, company, or other entity that the individual reasonably believes is likely to participate in or receive compensation or other direct financial benefit from the development of the point of the mountain state land; or
(d) the individual or a family member of the individual receives or is expected to receive a direct financial benefit.
(3)
(a) Before taking office as a board member, an individual shall submit to the authority a statement:
(i) verifying that the individual's service as a board member does not violate Subsection (2); and
(ii) for a designated individual, identifying any interest in real property located on or within five miles of the point of the mountain state land.
(b) If a designated individual takes action, during the individual's service as a board member, to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property located on or within five miles of the point of the mountain state land, the designated individual shall submit a written statement to the board chair describing the action, the interest in real property that the designated individual intends to acquire, and the location of the real property.
(4) Except for a board member who is a designated individual, a board member is disqualified from further service as a board member if the board member, at any time during the board member's service on the board, takes any action to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property located on or within five miles of the point of the mountain state land.
(5) A designated individual who submits a written statement under Subsection (3)(a)(ii) or (b) may not serve or continue to serve as a board member unless at least two-thirds of all other board members conclude that the designated individual's service as a board member does not and will not create a material conflict of interest impairing the ability of the designated individual to exercise fair and impartial judgment as a board member and to act in the best interests of the authority.
(6)
(a) The board may not allow a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land if a board member or a family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity.
(b) Before allowing a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land, the board may require the firm, company, or other entity to certify that no board member or family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity.
(7) Except as provided in Subsection (13), 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.
(8)
(a) No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection (7) 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 (8)(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.
(9) The administrator or clerk of the authority's board shall take the action described in Subsection (10) if:
(a) a board member fails to timely submit the written disclosure statement described in Subsection (7); or
(b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6).
(10) If a circumstance described in Subsection (9) 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.
(11)
(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 (10).
(b) A board member who violates Subsection (11)(a) is guilty of a class B misdemeanor.
(c) The administrator or clerk of the authority's board shall report a violation of Subsection (11)(a) to the attorney general.
(d) In addition to the criminal penalty described in Subsection (11)(b), the administrator or clerk of the authority's board shall impose a civil fine of $100 against a board member who violates Subsection (11)(a).
(12) The administrator or clerk of the authority's board shall deposit a fine collected under this section into the authority's account to pay for the costs of administering this section.
(13) For an individual who is appointed as a board member under Subsection 11-59-302(2)(a), (b), (c)(iii), (d), or (e):
(a) Subsection (7) 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:
(A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures; or
(B) an elected officer of a municipality, under Section 10-3-1313; and
(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (13)(b)(i).
Amended by Chapter 207, 2024 General Session
Amended by Chapter 443, 2024 General Session
