Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 134 First Substitute (2018GS)

Sponsor

Rep. Potter, V.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• exempts certain public officers from filing certain disclosures regarding the public officer's business interests if the public officers file a conflict of interest disclosure under the Election Code; and
• makes technical changes.

Every vote on this bill

Bill text

CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val K. Potter
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill addresses conflict of interest disclosures that certain public officers are
required to file.
Highlighted Provisions:
This bill:
▸ exempts certain public officers from filing certain disclosures regarding the public
officer's business interests if the public officers file a conflict of interest disclosure
under the Election Code; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
67-16-7
, as last amended by Laws of Utah 1989, Chapter 147
67-16-8
, as last amended by Laws of Utah 1990, Chapter 93
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
67-16-7
 is amended to read:
67-16-7.
Disclosure of substantial interest in regulated business -- Exceptions.
(1) [
Every
] 
Except as provided in Subsection (5), a
 public officer or public employee
who is an officer, director, agent, employee, or [
the
] owner of a substantial interest in any
business entity [
which
] 
that
 is subject to the regulation of the agency by which the 
public
officer or 
public
 employee is employed[
,
] shall disclose any [
such
] position held 
in the entity
and the precise nature and value of the public officer's or public employee's interest 
in the
entity:
(a)
 upon first becoming a public officer or public employee[
, and again
]
;
(b)
 whenever the public officer's or public employee's position in the business entity
changes significantly [
or
]
; and
(c)
 if the value of [
his
] 
the public officer's or public employee's
 interest in the entity [
is
significantly increased
] 
increases significantly
.
(2) The disclosure required under Subsection (1) shall be made in a sworn statement
filed with:
(a) [
the state attorney general in the case of public officers and public employees of the
state
] 
for a public officer or a public employee of the state, the attorney general
;
(b) 
for a public officer or a public employee of a political subdivision,
 the chief
governing body of the political subdivision [
in the case of public officers and public employees
of a political subdivision
];
(c) the head of the agency with which the public officer or public employee is
affiliated; and
(d) [
in the case of
] 
for
 a public employee, [
with
] the 
public employee's
 immediate
supervisor [
of the public employee
].
(3) 
(a)
 This section does not apply to instances where the total value of the 
substantial
interest does not exceed $2,000.
(b)
 [
Life insurance policies and annuities shall not
] 
A life insurance policy or an
annuity is not required to
 be considered in determining the value of [
any such interest
] 
a
substantial interest under this section
.
(4) [
Disclosures
] 
A disclosure
 made under this section [
are public information and
shall be available for examination by the public.
] 
is a public record and a person with whom a
disclosure is filed under Subsection (2) shall make the disclosure available for public
inspection.
(5) A public officer is not required to file a disclosure under this section if the public
officer files a disclosure under Section 
20A-11-1604
.
Section 2. Section 
67-16-8
 is amended to read:
67-16-8.
Participation in transaction involving business as to which public officer
or employee has interest -- Exceptions.
(1) [
No
] 
A
 public officer or public employee [
shall participate in his
] 
may not, in the
public officer's or public employee's
 official capacity
, participate in,
 or receive compensation
[
in respect to any
] 
as a result of, a
 transaction between the state or [
any of its agencies and any
]
a state agency and a
 business entity [
as to which such
] 
of which the
 public officer or public
employee is [
also
] an officer, director, 
[
or
] 
agent,
 employee
,
 or [
owns
] 
owner of
 a substantial
interest, unless [
disclosure has been made as provided under Section 
67-16-7
] 
the public officer
or public employee has disclosed the public officer's or public employee's relationship to the
business entity in accordance with Section 
67-16-7
 or 
20A-11-1604
.
(2) A concession contract between an agency, political subdivision, or the state and a
certified professional golf association member who is a public employee or officer does not
violate the provisions of Subsection (1) or Title 10, Chapter 3, Part 13, Municipal Officers' and
Employees' Ethics Act.