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H.B. 382
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PUBLIC OFFICERS AND EMPLOYEES
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ETHICS ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David Ure
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AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING PROVISIONS
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GOVERNING ETHICS; OUTLINING PROHIBITIONS ON DONATIONS, PAYMENTS, OR
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SERVICES TO GOVERNMENT AGENCIES; MODIFYING PENALTIES; AND MAKING
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TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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67-16-12, as last amended by Chapter 147, Laws of Utah 1989
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ENACTS:
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67-16-5.3, Utah Code Annotated 1953
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67-16-5.6, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
67-16-5.3
is enacted to read:
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67-16-5.3. Requiring donation, payment, or service to government agency in
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exchange for approval -- When prohibited.
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(1) It is an offense for a public officer, public employee, or legislator, under circumstances
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not amounting to a violation of Section
63-56-72
or
76-8-105
, to demand from any person as a
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condition of granting any application or request for a permit, approval, or other authorization, that
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the person donate personal property, money, or services to any agency.
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(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an
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agency that is:
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(i) expressly required by statute or agency rule;
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(ii) made voluntarily by the applicant; or
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(iii) a condition of a consent decree, settlement agreement, or other binding instrument
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entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.
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(b) If a person donates property, funds, or services to an agency, the agency shall, as part
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of the permit or other written authorization:
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(i) identify that a donation has been made;
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(ii) describe the donation;
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(iii) certify, in writing, that the donation was voluntary; and
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(iv) place that information in its files.
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Section 2.
Section
67-16-5.6
is enacted to read:
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67-16-5.6. Offering donation, payment, or service to government agency in exchange
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for approval -- When prohibited.
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(1) It is an offense for any person, under circumstances not amounting to a violation of
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Section
76-8-103
, to donate or offer to donate personal property, money, or services to any agency
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on the condition that the agency or any other agency approve any application or request for a
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permit, approval, or other authorization.
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(2) (a) Subsection (1) does not apply to any donation of property, funds, or services to an
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agency that is:
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(i) otherwise expressly required by statute or agency rule;
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(ii) a condition of a consent decree, settlement agreement, or other binding instrument
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entered into to resolve in whole or in part an actual or threatened agency enforcement action; or
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(iii) made without condition.
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(b) The person making the donation of property, funds, or services shall include with the
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donation a signed written statement certifying that the donation is made without condition.
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(c) The agency receiving the donation shall place the signed written statement in its files.
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Section 3.
Section
67-16-12
is amended to read:
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67-16-12. Penalties for violation -- Removal from office or dismissal from
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employment.
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In addition to any penalty contained in any other provision of law[,]:
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(1) any public officer or public employee who knowingly and intentionally violates this
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chapter, with the exception of Sections
67-16-6
and
67-16-7
, shall be dismissed from employment
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or removed from office as provided by law, rule, or policy within the agency; and
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(2) any public officer, public employee, or person who knowingly and intentionally
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violates this chapter, with the exception of Sections
67-16-6
and
67-16-7
, shall be punished as
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follows:
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[(1)] (a) as a felony of the second degree if the total value of the compensation, conflict
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of interest, or assistance exceeds $1,000;
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[(2)] (b) as a felony of the third degree if:
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[(a)] (i) the total value of the compensation, conflict of interest, or assistance is more than
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$250 but not more than $1,000; or
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[(b)] (ii) the public officer or public employee has been twice before convicted of violation
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of this chapter and the value of the conflict of interest, compensation, or assistance was $250 or
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less;
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[(3)] (c) as a class A misdemeanor if the value of the compensation or assistance was more
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than $100 but does not exceed $250; or
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[(4)] (d) as a class B misdemeanor if the value of the compensation or assistance was $100
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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.