HB 446 — Conflict of Interest Disclosure Amendments

or - 6 - HB0446 compared with HB0446S01 (ii) a county under Title 17, Chapter 70, Part 5, Disclosure Duties Applicable to All County Officers;

[(8)] (9)(a)(9) (a) "Owner or officer" means an individual who owns an ownership interest in an -entity 6or -holds 02-17a 09:32position H.B.where the person has authority to manage, direct, control, or make decisions for:

446 entity or holds a position where the person has authority to manage, direct, control, or make decisions for:

- 7 - HB0446 compared with HB0446S01 [(11)] (12) "State constitutional officer" means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general.

20A-11-160420A-11-1604. .

(1)(a)(1) (a) Before or during the execution of any order, settlement, declaration, contract, or any other official act of office in which a state constitutional officer has actual knowledge that the state constitutional officer has a conflict of interest that is not stated in the conflict of interest disclosure, the state constitutional officer shall publicly declare that the state constitutional officer may have a conflict of interest and what that conflict of interest is.

-(2) 7Any -public H.B.declaration of a conflict of interest that is made under Subsection (1) shall be noted:

446 02-17 09:32 (2) Any public declaration of a conflict of interest that is made under Subsection (1) shall be noted:

(a)(i)(a) (i) no sooner than January 1 each year, and before January 11 each year;

or - 8 - HB0446 compared with HB0446S01 (ii) if the state constitutional officer takes office after January 10, within 10 calendar days after the day on which the state constitutional officer takes office;

(a)(i)(a) (i) no sooner than January 1 each year, and before January 11 each year;

(a)(i)(a) (i) no sooner than January 1 each year, and before January 11 each year;

-(i) 8the -name 02-17of 09:32the H.B.entity;

446 (i) the name of the entity;

and - 9 - HB0446 compared with HB0446S01 (ii) a brief description of the type of business or activity conducted by the individual or entity;

(j) for each adult described in Subsection (6)(i), a brief description of the adult's -employment 9or -occupation, H.B.if the regulated officeholder believes the adult's presence in the regulated officeholder's household may constitute a conflict of interest;

446(k) 02-17for 09:32each employmenttax lien in an amount of $500 or occupation,more ifthat is unresolved for more than two years for which the regulated officeholder believesis thepersonally adult'sliable presenceor inthat theencumbers regulatedreal officeholder'sproperty householdin maywhich constitutethe aregulated conflictofficeholder ofholds interest;an ownership interest:

(k) Ĥ→ [for each unresolved tax lien] ←Ĥ Ĥ→ for each tax lien unresolved for more than 305a two years ←Ĥ for which the regulated officeholder is personally liable or that encumbers real property in which the regulated officeholder holds an ownership interest:

- 10 - HB0446 compared with HB0446S01 (ii) the taxing authority that imposed or recorded the tax lien;

(m) { Ĥ→ {} {[} {for each unresolved tax lien} at the option of the regulated officeholder, a description of any other matter or interest that the regulated officeholder believes may constitute a conflict of interest;interest;]} [(l)] (n) { ←Ĥ } { Ĥ→ {} {for each tax lien unresolved for more than two years }{} ←Ĥ } for which the regulated officeholder is personally liable or that encumbers real property in which the regulated officeholder holds an ownership interest:

[(l)]{(i)} (n){whether the datetax lien is a federal tax lien or state tax lien, including a tax lien imposed by any state;} {(ii)} {the taxing authority that imposed or recorded the formtax waslien;} completed;{(iii)} {a brief description sufficient to identify the tax lien;

[(m)]and} (o){(iv)} a{optional statementadditional thatinformation provided by the regulated officeholder believesregarding thatthe circumstances or context of the formtax islien;} true{(l)} and{except accurateas toprovided thein bestSubsection (8), for each conviction of the regulated officeholder'sofficeholder knowledge;for a criminal offense that is a felony or misdemeanor:} {(i)} {the offense for which the regulated officeholder was convicted;} {(ii)} {the jurisdiction in which the conviction occurred;} {(iii)} {the year in which the conviction occurred;

andand} [(n)]{(iv)} (p){optional additional information provided by the signatureregulated officeholder regarding the circumstances or context of the conviction;} - 11 - HB0446 compared with HB0446S01 {(m)} at the option of } the date the {regulated officeholder, a description of any other matter or interest that the regulated officeholder.officeholder believes may constitute a conflict of interest} form was completed;

(7)(a){[(l)] In(n)} making[(m)] (o) a statement that the disclosure{date described} inregulated Subsectionofficeholder (6)(b)believes orthat (h),the ifform a{was regulatedcompleted} officeholderis ortrue regulatedand officeholder'saccurate spouseto isthe anbest at-riskof governmentthe employee,regulated asofficeholder's thatknowledge;and term[{(m)} is(n)] defined(o){(p) ina Subsectionstatement 63G-2-303(1)(a),that the regulated officeholder maybelieves requestthat the filingform officeris true and accurate to redactthe frombest } the conflictsignature of interestthe disclosure:regulated {officeholder's knowledge;

(i)and} theofficeholder. regulated officeholder's employment information under Subsection (6)(b);

and{[{(n)} (ii)(7){]} {(p)} } (a) {the signature of } In making the disclosure described in Subsection (6)(b) or (h), if a regulated officeholder or regulated officeholder's spouse'sspouse nameis andan employmentat-risk informationgovernment underemployee, as that term is defined in Subsection (6)(h).63G-2-303(1)(a), the regulated officeholder{.} may request the filing officer to redact from the conflict of interest disclosure:

(b){(7)} A(i) filing{(a)} officerIn whomaking receivesthe adisclosure redactiondescribed requestin under Subsection (7)(a)(6)(b) shallor redact(h), if a regulated officeholder or } the disclosuresregulated madeofficeholder's under{spouse is an at-risk government employee, as that term is defined in Subsection (6)(b)63G-2-303(1)(a), orthe (h)regulated beforeofficeholder may request the filing officer makesto -redact 10from -the 02-17conflict 09:32of H.B.interest disclosure:} employment information under Subsection (6)(b);

446and {(i)} (ii) the conflictregulated ofofficeholder's interest{spouse's disclosurename availableand for} publicemployment inspection.information under Subsection {(6)(h).} (6)(b);

and {(ii)} (b) A filing officer who receives a redaction request under Subsection (7)(a) shall redact the {regulated officeholder's spouse's name and employment information } disclosures made under Subsection {(6)(h)} (6)(b) or (h) before the filing officer makes the conflict of interest disclosure available for public inspection.

[(8)]- 12 - HB0446 compared with HB0446S01 [{(b)} (8)] (9) {A filing officer who receives } In making the disclosure described in Subsection (6)(d),(6) (d), a regulated officeholder who provides goods or services to multiple customers or clients as part of a business or a {redaction request under Subsection (7)(a) shall redact } licensed profession is only required to provide the {disclosures made under } information described in Subsection {(6)(b) } (6)(d) in relation to the entity or {(h) before } practice through which the regulated officeholder provides the goods or services and is not required to provide the {filing officer makes the conflict of interest disclosure available for public inspection} information described in Subsection (6)(d) in relation to the regulated officeholder's individual customers or clients.

[(9)]{(8)} (10){A Theregulated disclosureofficeholder requirementsis describednot inrequired to disclose a conviction under Subsection (6)(l) if the conviction:} {(a)} {was for a class C misdemeanor under the law of this sectionstate;} do{(b)} not{was prohibitfor a regulatedtraffic-related officeholdermisdemeanor fromoffense, votingunless the offense involved the use of drugs, alcohol, or actinga oncontrolled anysubstance;} matter.{(c)} {was reversed, vacated, or set aside;

[(10)]or} (11){(d)} Awas regulatedexpunged officeholderunder maythe amendlaws aof conflictthe ofjurisdiction interestin which the conviction occurred.} [{(8)} (9)] (9){(10) In making the disclosure } The disclosure requirements described in {Subsection (6)(d), } this section do not prohibit a regulated officeholder {who provides goods or services to multiple customers or clients as part atof a business or a licensed profession is only required to provide the information described in Subsection (6)(d) in relation to the entity or practice through which the regulated officeholder provides the goods or services and is not required to provide the information described in Subsection (6)(d) in relation to the regulated officeholder's individual customers or clients} from voting or acting on any time.matter.

[(11)][{(9)} (12)(10)] (10){(11) The } A regulated officeholder whomay violatesamend thea requirementsconflict of Subsectioninterest (1)disclosure is{requirements guilty} ofdescribed in this {section do not prohibit a classregulated Bofficeholder misdemeanor.from voting or acting on } part at any {matter} time.

[(12)][{(10)} (13)(a)(11)] (11){(12)} A regulated officeholder who{who intentionally or knowingly violates athe provisionrequirements of this section, other than Subsection (1),(1) is guilty of a class B misdemeanor.misdemeanor} may amend a conflict of interest disclosure described in this part at any time.

(b)[{(11)} In(12)] addition(12){(13)} to(a) theA criminalregulated penaltyofficeholder describedwho in{violates Subsectionthe [(12)(a)]requirements (13)(a),} theintentionally lieutenantor governorknowingly shallviolates impose a civilprovision penalty of $100this againstsection, aother regulatedthan officeholderSubsection who(1) violates, ais provisionguilty of thisa section,class otherB thanmisdemeanor. Subsection (1).

Section- 6.13 - HB0446 compared with HB0446S01 {[{(12)} (b){]} {{(13)} } {(a)} A regulated officeholder who intentionally or knowingly violates a provision of this section, other than } In addition to the criminal penalty described in Subsection {(1), is guilty of a class B misdemeanor.

{(b)} [{In addition to the criminal penalty described in Subsection } (12)(a)] (13)(a){[{(12)(a)} , the lieutenant governor shall impose a civil penalty of $100 against a regulated officeholder who violates a provision of this section, other than Subsection (1).{]} {(13)(a)} , the lieutenant governor shall impose a civil penalty of $100 against a regulated officeholder who violates a provision of this section, other than Subsection (1).} Section 6.

34-52-10234-52-102. .

(1)(a)(1) (a) "Applicant" means an individual who provides information to a public employer or private employer for the purpose of obtaining employment.

-(2) 11(a) -"Criminal H.B.conviction" means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.

446 02-17 09:32 (2)(a) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.

(5)(a)(5) - 14 - HB0446 compared with HB0446S01 (a) "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.

Effective Date.date.

2-23-26 9:21 AM - 1215 -