Section 306 – Limitations on board members.

Affected by 63I-1-211 on 1/1/2029

Effective 5/4/2022
11-59-306. Limitations on board members.

• (1) As used in this section:
  • (a) “Designated individual” means an individual:
    • (i)
      • (A) who is a member of the Senate or House of Representatives;
      • (B) who has been appointed as a member of the board under Subsection 11-59-302(2)(a) or (b); and
      • (C) whose legislative district includes some or all of the point of the mountain state land; or
    • (ii) who is designated to serve as a board member under Subsection 11-59-302(2)(e) or (f).
  • (b) “Direct financial benefit”:
    • (i) means any form of financial benefit that accrues to an individual directly as a result of the development of the point of the mountain state land, including:
      • (A) compensation, commission, or any other form of a payment or increase of money; and
      • (B) an increase in the value of a business or property; and
    • (ii) does not include a financial benefit that accrues to the public generally as a result of the development of the point of the mountain state land.
  • (c) “Family member” means a parent, spouse, sibling, child, or grandchild.
  • (d) “Interest in real property” means every type of real property interest, whether recorded or unrecorded, including:
    • (i) a legal or equitable interest;
    • (ii) an option on real property;
    • (iii) an interest under a contract;
    • (iv) fee simple ownership;
    • (v) ownership as a tenant in common or in joint tenancy or another joint ownership arrangement;
    • (vi) ownership through a partnership, limited liability company, or corporation that holds title to a real property interest in the name of the partnership, limited liability company, or corporation;
    • (vii) leasehold interest; and
    • (viii) any other real property interest that is capable of being owned.

• (2) An individual may not serve as a member of the board if:
  • (a) subject to Subsection (5) for a designated individual, the individual owns an interest in real property, other than a personal residence in which the individual resides, on or within five miles of the point of the mountain state land;
  • (b) a family member of the individual owns an interest in real property, other than a personal residence in which the family member resides, located on or within one-half mile of the point of the mountain state land;
  • (c) the individual or a family member of the individual owns an interest in, is directly affiliated with, or is an employee or officer of a firm, company, or other entity that the individual reasonably believes is likely to participate in or receive compensation or other direct financial benefit from the development of the point of the mountain state land; or
  • (d) the individual or a family member of the individual receives or is expected to receive a direct financial benefit.

• (3)
  • (a) Before taking office as a board member, an individual shall submit to the authority a statement:
    • (i) verifying that the individual’s service as a board member does not violate Subsection (2); and
    • (ii) for a designated individual, identifying any interest in real property, other than a personal residence in which the individual resides, located on or within five miles of the point of the mountain state land.
  • (b) If a designated individual takes action, during the individual’s service as a board member, to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property, other than a personal residence in which the individual intends to live, located on or within five miles of the point of the mountain state land, the designated individual shall submit a written statement to the board chair describing the action, the interest in real property that the designated individual intends to acquire, and the location of the real property.

• (4) Except for a board member who is a designated individual, a board member is disqualified from further service as a board member if the board member, at any time during the board member’s service on the board, takes any action to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property, other than a personal residence in which the member intends to reside, located on or within five miles of the point of the mountain state land.

• (5) A designated individual who submits a written statement under Subsection (3)(a)(ii) or (b) may not serve or continue to serve as a board member unless at least two-thirds of all other board members conclude that the designated individual’s service as a board member does not and will not create a material conflict of interest impairing the ability of the designated individual to exercise fair and impartial judgment as a board member and to act in the best interests of the authority.

• (6)
  • (a) The board may not allow a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land if a board member or a family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity.
  • (b) Before allowing a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land, the board may require the firm, company, or other entity to certify that no board member or family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity.

Amended by Chapter 237, 2022 General Session