11-70-304. Limitations on board members and executive director -- Annual conflict of interest disclosure statement -- Penalties.
(1) As used in this section:
(a) "Direct financial benefit":
(i) means any form of financial benefit that accrues to an individual directly, 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.
(b) "Family member" means a parent, spouse, sibling, child, or grandchild.
(2) An individual may not serve as a member of the board or as executive director if:
(a) the individual owns real property, other than a personal residence in which the individual resides, within the fairpark district boundary, whether or not the ownership interest is a recorded interest;
(b) a family member of the individual owns an interest in real property, other than a personal residence in which the family member resides, located within the fairpark district boundary; or
(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 private firm, private company, or other private entity that the individual reasonably believes is likely to:
(i) participate in or receive a direct financial benefit from the development of land within the fairpark district boundary; or
(ii) acquire an interest in or locate a facility within the fairpark district boundary.
(3) Before taking office as a board member or accepting employment as executive director, an individual shall submit to the fairpark district a statement verifying that the individual's service as a board member or employment as executive director does not violate Subsection (2).
(4)
(a) An individual may not, at any time during the individual's service as a board member or employment with the fairpark district, acquire, or take any action to initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property located within the fairpark district boundary, if:
(i) the acquisition is in the individual's personal capacity or in the individual's capacity as an employee or officer of a private firm, private company, or other private entity; and
(ii) the acquisition will enable the individual to receive a direct financial benefit as a result of the development of land within the fairpark district boundary.
(b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property that is a personal residence in which the individual will reside upon acquisition of the real property.
(5)
(a) A board member or an employee of the fairpark district may not receive a direct financial benefit from development within the fairpark district boundary.
(b) For purposes of Subsection (5)(a), a direct financial benefit does not include:
(i) expense reimbursements;
(ii) per diem pay for board member service, if applicable; or
(iii) an employee's compensation or benefits from employment with the fairpark district.
(6)
(a) In addition to any other limitation on a board member described in this section, and except as provided in Subsection (7), a voting member or nonvoting advisory member of the board shall, no sooner than January 1 and no later than January 31 of each year during which the board member holds office on the board:
(i) 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
(ii) submit the written disclosure statement to the administrator or clerk of the board.
(b) No later than 10 business days after the day on which the board member submits the written disclosure statement described in Subsection (6)(a) to the administrator or clerk of the board, the administrator or clerk shall:
(i)
(A) post an electronic copy of the written disclosure statement on the fairpark district website; or
(B) if the fairpark district does not have a website, post an electronic copy of the disclosure statement on the Utah Public Notice Website created in Section 63A-16-601; and
(ii) provide the lieutenant governor with a link to the posting described in Subsection (6)(b)(i).
(c) The administrator or clerk of the board shall ensure that the board member's written disclosure statement remains posted on the website described in Subsection (6)(b)(i) until the board member leaves office.
(d) The administrator or clerk of the board shall take the action described in Subsection (6)(e) if:
(i) a board member fails to timely submit the written disclosure statement described in Subsection (6)(a); or
(ii) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6).
(e) If a circumstance described in Subsection (6)(d) occurs, the administrator or clerk of the 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.
(f)
(i) 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 (6)(e).
(ii) A board member who violates Subsection (6)(f)(i) is guilty of a class B misdemeanor.
(iii) The administrator or clerk of the board shall report a violation of Subsection (6)(f)(i) to the attorney general.
(iv) In addition to the criminal penalty described in Subsection (6)(f)(ii), the administrator or clerk of the board shall impose a civil fine of $100 against a board member who violates Subsection (6)(f)(i).
(g) The administrator or clerk of the 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 a board member who is also a state legislator, a member of a county or municipal legislative body, or who is otherwise required to make the written disclosure statement described in Subsection (6)(a) under another provision of law:
(a) Subsection (6) does not apply; and
(b) the administrator or clerk of the board shall, instead:
(i) post an electronic link, on the website described in Subsection (6)(b)(i), 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;
(B) an elected officer of a county, under Section 17-70-209;
(C) an elected officer of a municipality, under Section 10-3-1313; or
(D) an individual who is required to make the written disclosure statement described in Subsection (6)(a) under another provision of law; and
(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (7)(b)(i).
(8) Nothing in this section may be construed to affect the application or effect of any other code provision applicable to a board member or employee relating to ethics or conflicts of interest.
Amended by Chapter 16, 2025 Special Session 1
