Failure to file -- Penalties.

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  • (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.




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