Current through the 2024 Fourth Special Session
Section 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: (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 ,§ 20, eff. 3/5/2021.Amended by Chapter 22, 2020 General Session ,§ 29, eff. 5/12/2020.Amended by Chapter 266, 2019 General Session ,§ 7, eff. 5/14/2019.Added by Chapter 18, 2014 General Session ,§ 8, eff. 3/13/2014.