11-65-304. Limitations on board members and executive director -- Annual conflict of interest disclosure statement -- Exception -- 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 voting member of the board or as executive director if 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 participate in or receive a direct financial benefit from the management of Utah Lake.
(3) Before taking office as a voting member of the board or accepting employment as executive director, an individual shall submit to the lake authority a statement verifying that the individual's service as a board member or employment as executive director does not violate Subsection (2).
(4)
(a) A voting member or nonvoting member of the board or an employee of the lake authority may not receive a direct financial benefit from the management of Utah Lake.
(b) For purposes of Subsection (4)(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 lake authority.
(5) Except as provided Subsection (11), a voting member or nonvoting 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 lake 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 lake authority's board.
(6)
(a) No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection (5) to the administrator or clerk of the lake authority's board, the administrator or clerk shall:
(i) post an electronic copy of the written disclosure statement on the lake authority's website; and
(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (6)(a)(i).
(b) The administrator or clerk shall ensure that the board member's written disclosure statement remains posted on the lake authority's website until the board member leaves office.
(7) The administrator or clerk of the lake authority's board shall take the action described in Subsection (8) if:
(a) a board member fails to timely submit the written disclosure statement described in Subsection (5); or
(b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6).
(8) If a circumstance described in Subsection (7) occurs, the administrator or clerk of the lake 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.
(9)
(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 (8).
(b) A board member who violates Subsection (9)(a) is guilty of a class B misdemeanor.
(c) The administrator or clerk of the lake authority's board shall report a violation of Subsection (9)(a) to the attorney general.
(d) In addition to the criminal penalty described in Subsection (9)(b), the administrator or clerk of the lake authority's board shall impose a civil fine of $100 against a board member who violates Subsection (9)(a).
(10) The administrator or clerk of the lake authority's board shall deposit a fine collected under this section into the lake authority's account to pay for the costs of administering this section.
(11) For an individual who is appointed as a board member under Subsection 11-65-302(2)(b), (c), (d), or (e)(ii):
(a) Subsection (5) does not apply; and
(b) the administrator or clerk of the lake authority's board shall, instead:
(i) post an electronic link on the lake 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;
(B) an elected officer of a county, under Section 17-70-509; or
(C) 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 (11)(b)(i).
(12) 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
