67-16-5.6 - Offering donation, payment, or service to government agency in exchange for approval -- When prohibited.
67-16-5.6. Offering donation, payment, or service to government agency inexchange for approval -- When prohibited.
(1) It is an offense for any person, under circumstances not amounting to a violation ofSection 76-8-103, to donate or offer to donate personal property, money, or services to anyagency on the condition that the agency or any other agency approve any application or requestfor a permit, approval, or other authorization.
(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to anagency that is:
(i) otherwise 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) 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; or
(iv) made without condition.
(b) The person making the donation of property, funds, or services shall include with thedonation a signed written statement certifying that the donation is made without condition.
(c) The agency receiving the donation shall place the signed written statement in its files.
Enacted by Chapter 108, 2000 General Session