02-12 20:32 1st Sub. (Buff) H.B. 443
Cheryl K. Acton proposes the following substitute bill:
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Candidate Disclosure Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to conflict of interest disclosures.
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Highlighted Provisions:
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This bill:
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▸ requires a candidate for elective office in a county, municipality, or special district to file
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a conflict of interest disclosure statement at the time the candidate files a declaration of
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candidacy;
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▸ creates an exception to the disclosure requirement described above if the candidate is
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seeking reelection to the same office and already, that same year, filed a conflict of
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interest disclosure statement;
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▸ requires an election official to post the candidate's disclosure statement on the political
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subdivision's website;
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▸ subject to certain exceptions, requires state and local candidates and officeholders to
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annually disclose any misdemeanor or felony offense for which the candidate or
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officeholder has been convicted by a court located within or outside of this state;
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▸ for purposes of laws governing when a public employer may ask a question about a job
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applicant's criminal history, specifies that a candidate or officeholder described above is
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not an applicant for a job with a public employer;
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▸ creates deadlines and procedures related to the processes described above; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
1st Sub. H.B. 443 1st Sub. (Buff) H.B. 443 02-12 20:32
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AMENDS:
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10-3-301, as last amended by Laws of Utah 2023, Chapter 435
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20A-11-1602, as last amended by Laws of Utah 2024, Chapter 443
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20A-11-1604, as last amended by Laws of Utah 2022, Chapter 170
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34-52-102, as last amended by Laws of Utah 2023, Chapters 16, 344
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ENACTS:
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10-3-301.5, Utah Code Annotated 1953
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17-16-1.5, Utah Code Annotated 1953
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17B-1-306.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-3-301 is amended to read:
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10-3-301 . Notice -- Eligibility and residency requirements for elected municipal
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office -- Mayor and recorder limitations.
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(1) As used in this section:
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(a) "Absent" means that an elected municipal officer fails to perform official duties,
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including the officer's failure to attend each regularly scheduled meeting that the
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officer is required to attend.
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(b) "Principal place of residence" means the same as that term is defined in Section
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20A-2-105.
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(c) "Secondary residence" means a place where an individual resides other than the
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individual's principal place of residence.
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(2)(a) On or before May 1 in a year in which there is a municipal general election, the
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municipal clerk shall publish a notice that identifies:
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(i) the municipal offices to be voted on in the municipal general election; and
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(ii) the dates for filing a declaration of candidacy for the offices identified under
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Subsection (2)(a)(i).
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(b) The municipal clerk shall publish the notice described in Subsection (2)(a) for the
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municipality, as a class A notice under Section 63G-30-102, for at least seven days.
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(3)(a) An individual who files a declaration of candidacy for a municipal office shall:
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(i) comply with the requirements described in Section 20A-9-203[.] ; and
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(ii) file the conflict of interest disclosure statement described in Section 10-3-301.5.
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(b)(i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
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each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates
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described in Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
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(A) Saturday or Sunday; or
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(B) state holiday as listed in Section 63G-1-301.
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(ii) If on a regular basis a city recorder or town clerk maintains an office schedule
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that is less than 40 hours per week, the city recorder or town clerk may comply
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with Subsection (3)(b)(i) without maintaining office hours by:
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(A) posting the recorder's or clerk's contact information, including a phone
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number and email address, on the recorder's or clerk's office door, the main
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door to the municipal offices, and, if available, on the municipal website; and
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(B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection
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(3)(b)(i), via the contact information described in Subsection (3)(b)(ii)(A).
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(4) An individual elected to municipal office shall be a registered voter in the municipality
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in which the individual is elected.
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(5)(a) Each elected officer of a municipality shall maintain a principal place of residence
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within the municipality, and within the district that the elected officer represents,
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during the officer's term of office.
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(b) Except as provided in Subsection (6), an elected municipal office is automatically
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vacant if the officer elected to the municipal office, during the officer's term of office:
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(i) establishes a principal place of residence outside the district that the elected officer
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represents;
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(ii) resides at a secondary residence outside the district that the elected officer
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represents for a continuous period of more than 60 days while still maintaining a
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principal place of residence within the district;
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(iii) is absent from the district that the elected officer represents for a continuous
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period of more than 60 days; or
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(iv) fails to respond to a request, within 30 days after the day on which the elected
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officer receives the request, from the county clerk or the lieutenant governor
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seeking information to determine the officer's residency.
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(6)(a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
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consent of the municipal legislative body in accordance with Subsection (6)(b) before
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the expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the
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officer may:
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(i) reside at a secondary residence outside the district that the elected officer
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represents while still maintaining a principal place of residence within the district
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for a continuous period of up to one year during the officer's term of office; or
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(ii) be absent from the district that the elected officer represents for a continuous
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period of up to one year during the officer's term of office.
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(b) At a public meeting, the municipal legislative body may give the consent described
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in Subsection (6)(a) by majority vote after taking public comment regarding:
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(i) whether the legislative body should give the consent; and
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(ii) the length of time to which the legislative body should consent.
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(7)(a) The mayor of a municipality may not also serve as the municipal recorder or
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treasurer.
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(b) The recorder of a municipality may not also serve as the municipal treasurer.
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(c) An individual who holds a county elected office may not, at the same time, hold a
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municipal elected office.
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(d) The restriction described in Subsection (7)(c) applies regardless of whether the
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individual is elected to the office or appointed to fill a vacancy in the office.
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Section 2. Section 10-3-301.5 is enacted to read:
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10-3-301.5 . Conflict of interest disclosure statement for municipal office --
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Required when filing for candidacy -- Public availability -- Enforcement.
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(1)(a) A city recorder or town clerk shall, for each person seeking to become a candidate
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for a municipal office that is to be filled at the next general election, create, print, and
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provide the person with a copy of the conflict of interest disclosure statement
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described in Subsection (1)(b).
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(b) A conflict of interest disclosure statement shall:
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(i) be divided into sections representing each item of information described in
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Subsections 20A-11-1604(6)(a) through (p); and
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(ii) immediately beneath each section, include a space for the candidate to provide a
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written response.
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(2) Except as provided in Subsection (3), a candidate for an office described in Subsection
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(1)(a) shall complete the conflict of interest disclosure statement and submit the
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statement to the city recorder or town clerk at the time the candidate files a declaration
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of candidacy.
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(3) A candidate is not required to comply with Subsection (2) if the candidate:
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(a) currently holds the office for which the candidate seeks reelection;
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(b) already, that same year, filed a conflict of interest disclosure statement for the office
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described in Subsection (3)(a), in accordance with Section 10-3-1313; and
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(c) at the time the candidate files a declaration of candidacy, indicates, in writing, that
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the conflict of interest disclosure statement described in Subsection (3)(b) is updated
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and accurate as of the date of filing the declaration of candidacy.
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(4) Except as provided in Subsection (3), a city recorder or town clerk:
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(a) may not accept a declaration of candidacy from a candidate for an office described in
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Subsection (1)(a) until the city recorder or town clerk receives a complete conflict of
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interest disclosure statement from the candidate; and
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(b) shall make a candidate's conflict of interest disclosure statement available for public
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inspection by posting an electronic copy of the statement:
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(i) on the municipality's website; or
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(ii) if the municipality does not have a website, on the website of the county where
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the municipality is located.
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(5) A city recorder or town clerk shall ensure that a candidate's conflict of interest
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disclosure statement remains posted on the website described in Subsection (4)(b) until:
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(a) the candidate resigns or is disqualified as a candidate; or
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(b) the day after the day of the official canvass for the general election.
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(6)(a) A private party in interest may bring a civil action in a court with jurisdiction
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under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of
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this section.
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(b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees
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to the prevailing party.
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Section 3. Section 17-16-1.5 is enacted to read:
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17-16-1.5 . Conflict of interest disclosure statement for county and local school
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board office -- Required when filing for candidacy -- Public availability -- Enforcement.
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(1)(a) A county clerk shall, for each person seeking to become a candidate for a county
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office or local school board office that is to be filled at the next general election,
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create, print, and provide the person with a copy of the conflict of interest disclosure
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statement described in Subsection (1)(b).
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(b) A conflict of interest disclosure statement shall:
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(i) be divided into sections representing each item of information described in
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Subsections 20A-11-1604(6)(a) through (p); and
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(ii) immediately beneath each section, include a space for the candidate to provide a
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written response.
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(2) Except as provided in Subsection (3), a candidate for an office described in Subsection
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(1)(a) shall complete the conflict of interest disclosure statement and submit the
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statement to the county clerk at the time the candidate files a declaration of candidacy.
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(3) A candidate is not required to comply with Subsection (2) if the candidate:
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(a) currently holds the office for which the candidate seeks reelection;
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(b) already, that same year, filed a conflict of interest disclosure statement for the office
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described in Subsection (3)(a), in accordance with:
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(i) for a county office, Section 17-16a-13; or
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(ii) for a local school board office, Section 67-16-16; and
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(c) at the time the candidate files a declaration of candidacy, indicates, in writing, that
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the conflict of interest disclosure statement described in Subsection (3)(b) is updated
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and accurate as of the date of filing the declaration of candidacy.
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(4) Except as provided in Subsection (3), a county clerk:
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(a) may not accept a declaration of candidacy from a candidate for an office described in
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Subsection (1)(a) until the county clerk receives a complete conflict of interest
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disclosure statement from the candidate; and
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(b) shall make a candidate's conflict of interest disclosure statement available for public
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inspection by posting an electronic copy of the statement on the county's website.
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(5) A county clerk shall ensure that a candidate's conflict of interest disclosure statement
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remains posted on the website described in Subsection (4)(b) until:
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(a) the candidate resigns or is disqualified as a candidate; or
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(b) the day after the day of the official canvass for the general election.
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(6)(a) A private party in interest may bring a civil action in a court with jurisdiction
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under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of
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this section.
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(b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees
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to the prevailing party.
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Section 4. Section 17B-1-306.1 is enacted to read:
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17B-1-306.1 . Conflict of interest disclosure statement for special district office --
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Required when filing for candidacy -- Public availability -- Enforcement.
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(1) As used in this section, "filing officer" means the official designated by a special district
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board under Subsection 17B-1-306(5)(a) to receive a declaration of candidacy.
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(2)(a) A filing officer shall, for each person seeking to become a candidate for an
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elective special district board that is to be filled at the next general election, create,
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print, and provide the person with a copy of the conflict of interest disclosure
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statement described in Subsection (2)(b).
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(b) A conflict of interest disclosure statement shall:
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(i) be divided into sections representing each item of information described in
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Subsections 20A-11-1604(6)(a) through (p); and
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(ii) immediately beneath each section, include a space for the candidate to provide a
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written response.
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(3) Except as provided in Subsection (4), a candidate for an office described in Subsection
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(1)(a) shall complete the conflict of interest disclosure statement and submit the
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statement to the filing officer at the time the candidate files a declaration of candidacy.
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(4) A candidate is not required to comply with Subsection (3) if the candidate:
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(a) currently holds the office for which the candidate seeks reelection;
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(b) already, that same year, filed a conflict of interest disclosure statement for the office
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described in Subsection (4)(a), in accordance with Section 67-16-16; and
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(c) at the time the candidate files a declaration of candidacy, indicates, in writing, that
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the conflict of interest disclosure statement described in Subsection (4)(b) is updated
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and accurate as of the date of filing the declaration of candidacy.
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(5) Except as provided in Subsection (4), a filing officer:
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(a) may not accept a declaration of candidacy from a candidate for an office described in
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Subsection (2)(a) until the filing officer receives a complete conflict of interest
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disclosure statement from the candidate; and
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(b) shall make a candidate's conflict of interest disclosure statement available for public
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inspection by posting an electronic copy of the statement on:
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(i) the special district's website; or
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(ii) if the special district does not have a website, the website of each county in which
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the special district is located.
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(6) A filing officer shall ensure that a candidate's conflict of interest disclosure statement
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remains posted on the website described in Subsection (5)(b) until:
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(a) the candidate resigns or is disqualified as a candidate; or
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(b) the day after the day of the official canvass for the general election.
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(7)(a) A private party in interest may bring a civil action in a court with jurisdiction
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under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of
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this section.
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(b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees
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to the prevailing party.
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Section 5. Section 20A-11-1602 is amended to read:
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20A-11-1602 . Definitions.
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As used in this part:
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(1) "Conflict of interest" means an action that is taken by a regulated officeholder that the
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officeholder reasonably believes may cause direct financial benefit or detriment to the
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officeholder, a member of the officeholder's immediate family, or an individual or entity
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that the officeholder is required to disclose under the provisions of this section, if that
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benefit or detriment is distinguishable from the effects of that action on the public or on
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the officeholder's profession, occupation, or association generally.
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(2) "Conflict of interest disclosure" means a disclosure, on the website, of all information
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required under Section 20A-11-1604.
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(3)(a) "Conviction" means a judicial determination that a person is guilty of a criminal
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offense, regardless of whether the conviction is the result of a trial or a plea of guilty
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or no contest.
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(b) "Conviction" does not mean an adjudication of juvenile delinquency.
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[(3)] (4) "Entity" means a corporation, a partnership, a limited liability company, a limited
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partnership, a sole proprietorship, an association, a cooperative, a trust, an organization,
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a joint venture, a governmental entity, an unincorporated organization, or any other legal
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entity, regardless of whether it is established primarily for the purpose of gain or
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economic profit.
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[(4)] (5) "Local official" means:
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(a) an elected officer of:
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(i) a municipality under Title 10, Chapter 3, Part 13, Municipal Officers' and
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Employees' Ethics Act; or
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(ii) a county under Title 17, Chapter 16a, County Officers and Employees Disclosure
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Act;
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(b) a special public officer under Title 67, Chapter 16, Utah Public Officers' and
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Employees' Ethics Act; or
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(c) another individual:
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(i) who is not a regulated officeholder; and
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(ii) who is required to annually make a conflict of interest disclosure in accordance
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with Subsection 20A-11-1604(6).
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[(5)] (6) "Filing officer" means:
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(a) the lieutenant governor, for the office of a state constitutional officer or State Board
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of Education member; or
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(b) the lieutenant governor or the county clerk in the county of the candidate's residence,
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for a state legislative office.
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[(6)] (7) "Immediate family" means the regulated officeholder's spouse, a child living in the
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regulated officeholder's immediate household, or an individual claimed as a dependent
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for state or federal income tax purposes by the regulated officeholder.
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[(7)] (8) "Income" means earnings, compensation, or any other payment made to an
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individual for gain, regardless of source, whether denominated as wages, salary,
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commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per
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diem, expenses, reimbursement, dividends, or otherwise.
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[(8)] (9)(a) "Owner or officer" means an individual who owns an ownership interest in an
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entity or holds a position where the person has authority to manage, direct, control, or
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make decisions for:
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(i) the entity or a portion of the entity; or
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(ii) an employee, agent, or independent contractor of the entity.
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(b) "Owner or officer" includes:
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(i) a member of a board of directors or other governing body of an entity; or
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(ii) a partner in any type of partnership.
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[(9)] (10) "Preceding year" means the year immediately preceding the day on which the
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regulated officeholder makes a conflict of interest disclosure.
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[(10)] (11) "Regulated officeholder" means an individual who is required to make a conflict
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of interest disclosure under the provisions of this part.
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[(11)] (12) "State constitutional officer" means the governor, the lieutenant governor, the
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state auditor, the state treasurer, or the attorney general.
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[(12)] (13) "Website" means the Candidate and Officeholder Conflict of Interest Disclosure
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Website described in Section 20A-11-1602.5.
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Section 6. Section 20A-11-1604 is amended to read:
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20A-11-1604 . Failure to disclose conflict of interest -- Failure to comply with
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reporting requirements.
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(1)(a) Before or during the execution of any order, settlement, declaration, contract, or
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any other official act of office in which a state constitutional officer has actual
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knowledge that the state constitutional officer has a conflict of interest that is not
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stated in the conflict of interest disclosure, the state constitutional officer shall
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publicly declare that the state constitutional officer may have a conflict of interest
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and what that conflict of interest is.
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(b) Before or during any vote on legislation or any legislative matter in which a
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legislator has actual knowledge that the legislator has a conflict of interest that is not
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stated in the conflict of interest disclosure, the legislator shall orally declare to the
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committee or body before which the matter is pending that the legislator may have a
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conflict of interest and what that conflict is.
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(c) Before or during any vote on any rule, resolution, order, or any other board matter in
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which a member of the State Board of Education has actual knowledge that the
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member has a conflict of interest that is not stated in the conflict of interest
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disclosure, the member shall orally declare to the board that the member may have a
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conflict of interest and what that conflict of interest is.
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(2) Any public declaration of a conflict of interest that is made under Subsection (1) shall
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be noted:
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(a) on the official record of the action taken, for a state constitutional officer;
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(b) in the minutes of the committee meeting or in the Senate or House Journal, as
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applicable, for a legislator; or
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(c) in the minutes of the meeting or on the official record of the action taken, for a
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member of the State Board of Education.
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(3) A state constitutional officer shall make a complete conflict of interest disclosure on the
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website:
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(a)(i) no sooner than January 1 each year, and before January 11 each year; or
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(ii) if the state constitutional officer takes office after January 10, within 10 days after
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the day on which the state constitutional officer takes office; and
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(b) each time the state constitutional officer changes employment.
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(4) A legislator shall make a complete conflict of interest disclosure on the website:
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(a)(i) no sooner than January 1 each year, and before January 11 each year; or
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(ii) if the legislator takes office after January 10, within 10 days after the day on
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which the legislator takes office; and
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(b) each time the legislator changes employment.
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(5) A member of the State Board of Education shall make a complete conflict of interest
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disclosure on the website:
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(a)(i) no sooner than January 1 each year, and before January 11 each year; or
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(ii) if the member takes office after January 10, within 10 days after the day on which
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the member takes office; and
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(b) each time the member changes employment.
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(6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall include:
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(a) the regulated officeholder's name;
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(b) the name and address of each of the regulated officeholder's current employers and
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each of the regulated officeholder's employers during the preceding year;
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(c) for each employer described in Subsection (6)(b), a brief description of the
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employment, including the regulated officeholder's occupation and, as applicable, job
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title;
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(d) for each entity in which the regulated officeholder is an owner or officer, or was an
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owner or officer during the preceding year:
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(i) the name of the entity;
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(ii) a brief description of the type of business or activity conducted by the entity; and
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(iii) the regulated officeholder's position in the entity;
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(e) in accordance with Subsection [(7)] (8), for each individual from whom, or entity
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from which, the regulated officeholder has received $5,000 or more in income during
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the preceding year:
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(i) the name of the individual or entity; and
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(ii) a brief description of the type of business or activity conducted by the individual
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or entity;
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(f) for each entity in which the regulated officeholder holds any stocks or bonds having a
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fair market value of $5,000 or more as of the date of the disclosure form or during the
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preceding year, but excluding funds that are managed by a third party, including
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blind trusts, managed investment accounts, and mutual funds:
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(i) the name of the entity; and
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(ii) a brief description of the type of business or activity conducted by the entity;
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(g) for each entity not listed in Subsections (6)(d) through (f) in which the regulated
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officeholder currently serves, or served in the preceding year, in a paid leadership
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capacity or in a paid or unpaid position on a board of directors:
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(i) the name of the entity or organization;
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(ii) a brief description of the type of business or activity conducted by the entity; and
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(iii) the type of position held by the regulated officeholder;
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(h) at the option of the regulated officeholder, a description of any real property in which
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the regulated officeholder holds an ownership or other financial interest that the
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regulated officeholder believes may constitute a conflict of interest, including a
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description of the type of interest held by the regulated officeholder in the property;
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(i) the name of the regulated officeholder's spouse and any other adult residing in the
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regulated officeholder's household who is not related by blood or marriage, as
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applicable;
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(j) for the regulated officeholder's spouse, the information that a regulated officeholder
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is required to provide under Subsection (6)(b);
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(k) a brief description of the employment and occupation of each adult who:
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(i) resides in the regulated officeholder's household; and
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(ii) is not related to the regulated officeholder by blood or marriage;
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(l) except as provided in Subsection (7), a description of any misdemeanor or felony
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criminal offense for which the regulated officeholder was convicted;
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[(l)] (m) at the option of the regulated officeholder, a description of any other matter or
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interest that the regulated officeholder believes may constitute a conflict of interest;
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[(m)] (n) the date the form was completed;
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[(n)] (o) a statement that the regulated officeholder believes that the form is true and
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accurate to the best of the regulated officeholder's knowledge; and
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[(o)] (p) the signature of the regulated officeholder.
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(7) In making the disclosure described in Subsection (6)(l), a regulated officeholder does
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not need to disclose a conviction that was:
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(a) for a traffic-related misdemeanor offense, unless the offense involved the use of
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drugs, alcohol, or a controlled substance;
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(b) reversed, set aside, or vacated; or
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(c) expunged under the laws of the relevant jurisdiction.
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[(7)] (8) In making the disclosure described in Subsection (6)(e), a regulated officeholder
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who provides goods or services to multiple customers or clients as part of a business or a
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licensed profession is only required to provide the information described in Subsection
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(6)(e) in relation to the entity or practice through which the regulated officeholder
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provides the goods or services and is not required to provide the information described
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in Subsection (6)(e) in relation to the regulated officeholder's individual customers or
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clients.
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[(8)] (9) The disclosure requirements described in this section do not prohibit a regulated
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officeholder from voting or acting on any matter.
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[(9)] (10) A regulated officeholder may amend a conflict of interest disclosure described in
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this part at any time.
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[(10)] (11) A regulated officeholder who violates the requirements of Subsection (1) is
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guilty of a class B misdemeanor.
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[(11)] (12)(a) A regulated officeholder who intentionally or knowingly violates a
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provision of this section, other than Subsection (1), is guilty of a class B
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misdemeanor.
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(b) In addition to the criminal penalty described in Subsection [(11)(a)] (12)(a), the
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lieutenant governor shall impose a civil penalty of $100 against a regulated
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officeholder who violates a provision of this section, other than Subsection (1).
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Section 7. Section 34-52-102 is amended to read:
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34-52-102 . Definitions.
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As used in this chapter:
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(1)(a) "Applicant" means an individual who provides information to a public employer
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or private employer for the purpose of obtaining employment.
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(b) "Applicant" does not include an individual who provides information to a public
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employer under Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures.
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(2)(a) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a
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plea of guilty or nolo contendere to a criminal charge.
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(b) "Criminal conviction" does not include an expunged criminal conviction.
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(3) "Juvenile adjudication" means:
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(a) a finding by a court that the facts in a petition or criminal information alleging an
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individual committed an offense when the individual was younger than 18 years old
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have been proved; or
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(b) an admission or plea of no contest under Section 80-6-306.
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(4) "Mental health professional applicant" means an individual who:
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(a) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and
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(b) provides information to a public employer or private employer for the purpose of
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obtaining employment that requires a license under Title 58, Chapter 60, Mental
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Health Professional Practice Act.
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(5)(a) "Private employer" means a person who has one or more employees employed in
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the same business, or in or about the same establishment, under any contract of hire,
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express or implied, oral or written.
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(b) "Private employer" does not include a public employer.
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(6) "Public employer" means an employer that is:
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(a) the state or any administrative subunit of the state, including a department, division,
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board, council, committee, institution, office, bureau, or other similar administrative
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unit of state government;
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(b) a state institution of higher education; or
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(c) a municipal corporation, county, municipality, school district, special district, special
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service district, or other political subdivision of the state.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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