67-16-5.3 - Requiring donation, payment, or service to government agency in exchange for approval -- When prohibited. - Utah Statutes

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Statutes > Utah > Title-67 > Chapter-16 > 67-16-5-3

67-16-5.3. Requiring donation, payment, or service to government agency inexchange for approval -- When prohibited.
(1) It is an offense for a public officer, public employee, or legislator, undercircumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to demand fromany person as a condition of granting any application or request for a permit, approval, or otherauthorization, that the person donate personal property, money, or services to any agency.
(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to anagency that is:
(i) expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval,or other authorization;
(iii) made voluntarily by the applicant; or
(iv) a condition of a consent decree, settlement agreement, or other binding instrumententered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(b) If a person donates property, funds, or services to an agency, the agency shall, as partof the permit or other written authorization:
(i) identify that a donation has been made;
(ii) describe the donation;
(iii) certify, in writing, that the donation was voluntary; and
(iv) place that information in its files.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-16 > 67-16-5-3

67-16-5.3. Requiring donation, payment, or service to government agency inexchange for approval -- When prohibited.
(1) It is an offense for a public officer, public employee, or legislator, undercircumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to demand fromany person as a condition of granting any application or request for a permit, approval, or otherauthorization, that the person donate personal property, money, or services to any agency.
(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to anagency that is:
(i) expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval,or other authorization;
(iii) made voluntarily by the applicant; or
(iv) a condition of a consent decree, settlement agreement, or other binding instrumententered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(b) If a person donates property, funds, or services to an agency, the agency shall, as partof the permit or other written authorization:
(i) identify that a donation has been made;
(ii) describe the donation;
(iii) certify, in writing, that the donation was voluntary; and
(iv) place that information in its files.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-16 > 67-16-5-3

67-16-5.3. Requiring donation, payment, or service to government agency inexchange for approval -- When prohibited.
(1) It is an offense for a public officer, public employee, or legislator, undercircumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to demand fromany person as a condition of granting any application or request for a permit, approval, or otherauthorization, that the person donate personal property, money, or services to any agency.
(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to anagency that is:
(i) expressly required by statute, ordinance, or agency rule;
(ii) mutually agreed to between the applicant and the entity issuing the permit, approval,or other authorization;
(iii) made voluntarily by the applicant; or
(iv) a condition of a consent decree, settlement agreement, or other binding instrumententered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
(b) If a person donates property, funds, or services to an agency, the agency shall, as partof the permit or other written authorization:
(i) identify that a donation has been made;
(ii) describe the donation;
(iii) certify, in writing, that the donation was voluntary; and
(iv) place that information in its files.

Amended by Chapter 382, 2008 General Session