Utah Code 67-16-5.3. Requiring donation, payment, or service to government agency in exchange for approval — When prohibited
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(1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator to demand from any person as a condition of granting any application or request for a permit, approval, or other authorization, that the person donate personal property, money, or services to any agency.
Terms Used In Utah Code 67-16-5.3
- Agency: means :(1)(a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or(1)(b) an association as defined in Section
53G-7-1101 . See Utah Code 67-16-3 - Legislator: means a member or member-elect of either house of the Legislature of the state of Utah. See Utah Code 67-16-3
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:(14)(a)(i) the state;(14)(a)(ii) a political subdivision of the state; or(14)(a)(iii) an association as defined in Section
53G-7-1101 . See Utah Code 67-16-3 - Public officer: includes a special public officer. See Utah Code 67-16-3
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2)
(2)(a) Subsection (1) does not apply to any donation of property, funds, or services to an agency that is:
(2)(a)(i) expressly required by statute, ordinance, or agency rule;
(2)(a)(ii) mutually agreed to between the applicant and the entity issuing the permit, approval, or other authorization;
(2)(a)(iii) made voluntarily by the applicant; or
(2)(a)(iv) a condition of a consent decree, settlement agreement, or other binding instrument entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(2)(b) If a person donates property, funds, or services to an agency, the agency shall, as part of the permit or other written authorization:
(2)(b)(i) identify that a donation has been made;
(2)(b)(ii) describe the donation;
(2)(b)(iii) certify, in writing, that the donation was voluntary; and
(2)(b)(iv) place that information in its files.
(3) This section does not apply to a public officer, public employee, or legislator who engages in conduct that constitutes a violation of this section to the extent that the public officer, public employee, or legislator is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.