Current through the 2024 Fourth Special Session
Section 67-16-7 - Disclosure of substantial interest in regulated business - Exceptions(1) Except as provided in Subsection (5), a public officer or public employee who is an officer, director, agent, employee, or owner of a substantial interest in any business entity that is subject to the regulation of the agency by which the public officer or public employee is employed shall disclose a 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;(b) whenever the public officer's or public employee's position in the business entity changes significantly; and(c) if the value of the public officer's or public employee's interest in the entity increases significantly.(2) The disclosure required under Subsection (1) shall be made in a sworn statement filed with:(a) 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;(c) the head of the agency with which the public officer or public employee is affiliated;(d) for a public employee, the public employee's immediate supervisor; and(e) for a public officer who is a special public officer, the filing clerk of the board or trustees, governing body, or local school board, as applicable, of which the special public officer is an elected or appointed member.(3) A filing clerk who receives the sworn statement described in Subsection (1) shall: (a) post a copy of the special public officer's sworn statement on, as applicable, the special district's, special service district's, or school district's website; and(b) ensure that the sworn statement remains posted on the website described in Subsection (3)(a) until the special public officer leaves office.(4)(a) This section does not apply to instances where the total value of the substantial interest does not exceed $5,000.(b) A life insurance policy or an annuity is not required to be considered in determining the value of a substantial interest under this section.(5) A disclosure made under this section is a public record and a person with whom a disclosure is filed under Subsection (2) shall make the disclosure available for public inspection.(6) 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.Amended by Chapter 443, 2024 General Session ,§ 38, eff. 5/1/2024.Amended by Chapter 59, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 147, 1989 General Session