By statute (Section 76-8-109) and by Legislative Rule (JR-16.05), legislators must declare a “conflict of interest” when voting on any matter where the legislator believes that a conflict exists and what that conflict is.  In addition to the personal verbal declaration of a legislator regarding a potential conflict, an express declaration regarding the aforementioned potential conflict must be filed with the Chief Clerk (in the case of a Representative) and kept on hand for immediate review by the public.  These forms are available HERE for the House & HERE for the Senate.  The determination by a legislator as to what constitutes a valid “conflict” is a personal subjective determination at times.

If you don’t have anything to do some day, pick a few legislators names and look up their conflict forms…some are very detailed and others make very terse generalized categorical statements in their areas of “interest.”   Generally speaking, a legislator should list their employment (if they’re employed by someone else), or if they’re an officer or owner of a business that entity should be listed.  If a legislator owns $10,000 or more in the interest of a business or stocks within that business, that should be declared on the “conflict” form, also.

A legislator having a conflict (or potential conflict) as properly declared, IS NOT REQUIRED TO ABSTAIN FROM VOTING ON OR SPEAKING FOR OR AGAINST ANY ISSUE BEFORE A COMMITTEE OR LEGISLATIVE BODY.

For your further review, I have included the Rule from the Legislative Rules book:

JR-16.05  Declaring and Recording Conflict of Interest

(1)   Before any vote on legislation or any legislative matter in which a legislator reasonably believes he may have a conflict of interest, that legislator should orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is.  This declaration of conflict of interest shall be noted in the minutes of any committee meeting or in the Senate Journal or House Journal.

(2)   (a) A legislator shall file a Declaration of Conflict of Interest form with the Secretary of the Senate if the legislator is a Senator or with the Chief Clerk of the House of Representatives if the legislator is a Representative to satisfy that legislator’s disclosure of any conflicts of interest as required by Subsection (1) and Utah Code Annotated Section 76-8-109.

(b) This Declaration of Conflict of Interest form shall include the general legislative areas in which the legislator may have a conflict of interest.

(c) This Declaration of Conflict of Interest form is available to the public.

(3)   This requirement of disclosure of any conflict of interest does not prohibit a legislator from voting on any legislation or legislative matter.

(4)   As used in this section:

(a)“Business in which a legislator is associated” means any business in which a legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or bonds in the company that have a fair market value of $10,000 or more.

(b) “Conflict of interest” means legislation or action by a legislator that the legislator reasonably believes may cause direct financial benefit or detriment to him, a member of the legislator’s immediate household, or a business in which the legislator is associated, and that benefit or detriment is distinguishable from the effects of that action on the public or on the legislator’s profession, occupation, or association generally.