2006 Utah Code - 67-16-5.3 — Requiring donation, payment, or service to government agency in exchange for approval -- When prohibited.

     67-16-5.3.   Requiring donation, payment, or service to government agency in exchange for approval -- When prohibited.
     (1) It is an offense for a public officer, public employee, or legislator, under circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105, 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.
     (2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an agency 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 instrument entered 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 part of 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 25, 2005 General Session