H.B. 382

1

PUBLIC OFFICERS AND EMPLOYEES
2 ETHICS ACT AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Ure
6 AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING PROVISIONS
7 GOVERNING ETHICS; OUTLINING PROHIBITIONS ON DONATIONS, PAYMENTS, OR
8 SERVICES TO GOVERNMENT AGENCIES; MODIFYING PENALTIES; AND MAKING
9 TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 67-16-12, as last amended by Chapter 147, Laws of Utah 1989
13 ENACTS:
14 67-16-5.3, Utah Code Annotated 1953
15 67-16-5.6, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 67-16-5.3 is enacted to read:
18 67-16-5.3. Requiring donation, payment, or service to government agency in
19 exchange for approval -- When prohibited.
20 (1) It is an offense for a public officer, public employee, or legislator, under circumstances
21 not amounting to a violation of Section 63-56-72 or 76-8-105 , to demand from any person as a
22 condition of granting any application or request for a permit, approval, or other authorization, that
23 the person donate personal property, money, or services to any agency.
24 (2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an
25 agency that is:
26 (i) expressly required by statute h , ORDINANCE, h or agency rule;
26a h (ii) MUTUALLY AGREED TO BETWEEN THE APPLICANT AND THE ENTITY ISSUING THE
26b PERMIT, APPROVAL, OR OTHER AUTHORIZATION h ;
27 h [ (ii) ] (iii) h made voluntarily by the applicant; or

28 h [ (iii) ] (iv) h a condition of a consent decree, settlement agreement, or other binding
28a instrument
29 entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
30 (b) If a person donates property, funds, or services to an agency, the agency shall, as part
31 of the permit or other written authorization:
32 (i) identify that a donation has been made;
33 (ii) describe the donation;
34 (iii) certify, in writing, that the donation was voluntary; and
35 (iv) place that information in its files.
36 Section 2. Section 67-16-5.6 is enacted to read:
37 67-16-5.6. Offering donation, payment, or service to government agency in exchange
38 for approval -- When prohibited.
39 (1) It is an offense for any person, under circumstances not amounting to a violation of
40 Section 76-8-103 , to donate or offer to donate personal property, money, or services to any agency
41 on the condition that the agency or any other agency approve any application or request for a
42 permit, approval, or other authorization.
43 (2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an
44 agency that is:
45 (i) otherwise expressly required by statute h , ORDINANCE , h or agency rule;
45a h (ii) MUTUALLY AGREED TO BETWEEN THE APPLICANT AND THE ENTITY ISSUING THE
45b PERMIT, APPROVAL, OR OTHER AUTHORIZATION; h
46 h [ (ii) ] (iii) h a condition of a consent decree, settlement agreement, or other binding
46a instrument
47 entered into to resolve in whole or in part an actual or threatened agency enforcement action; or
48 h [ (iii) ] (iv) h made without condition.
49 (b) The person making the donation of property, funds, or services shall include with the
50 donation a signed written statement certifying that the donation is made without condition.
51 (c) The agency receiving the donation shall place the signed written statement in its files.
52 Section 3. Section 67-16-12 is amended to read:
53 67-16-12. Penalties for violation -- Removal from office or dismissal from
54 employment.
55 In addition to any penalty contained in any other provision of law[,]:
56 (1) any public officer or public employee who knowingly and intentionally violates this
57 chapter, with the exception of Sections 67-16-6 and 67-16-7 , shall be dismissed from employment
58 or removed from office as provided by law, rule, or policy within the agency; and

59 (2) any public officer, public employee, or person who knowingly and intentionally
60 violates this chapter, with the exception of Sections 67-16-6 and 67-16-7 , shall be punished as
61 follows:
62 [(1)] (a) as a felony of the second degree if the total value of the compensation, conflict
63 of interest, or assistance exceeds $1,000;
64 [(2)] (b) as a felony of the third degree if:
65 [(a)] (i) the total value of the compensation, conflict of interest, or assistance is more than
66 $250 but not more than $1,000; or
67 [(b)] (ii) the public officer or public employee has been twice before convicted of violation
68 of this chapter and the value of the conflict of interest, compensation, or assistance was $250 or
69 less;
70 [(3)] (c) as a class A misdemeanor if the value of the compensation or assistance was more
71 than $100 but does not exceed $250; or
72 [(4)] (d) as a class B misdemeanor if the value of the compensation or assistance was $100
73 or less.




Legislative Review Note
as of 2-10-00 2:07 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel