63G-6a-2404. Unlawful conduct -- Exceptions -- Classification of offenses.
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Effective 5/6/2026
63G-6a-2404. Unlawful conduct -- Exceptions -- Classification of offenses.
(a)It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to:
(i)the public entity;
(ii)a procurement professional or contract administration professional; or
(iii)an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii) .
(b)It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency.
(c)A person is not guilty of unlawful conduct under Subsection (1)(a) for:
(i)giving or offering, promising, or pledging to give a contribution to a public entity, unless done with the intent to induce the public entity, in exchange, to:
(A)award a contract or grant;
(B)make a procurement decision; or
(C)take an action relating to the administration of a contract or grant; or
(ii)giving or offering, promising, or pledging to give something of value to an organization to which a procurement professional or contract administration professional belongs, unless done with the intent to induce a public entity, in exchange, to:
(A)award a contract or grant;
(B)make a procurement decision; or
(C)take an action relating to the administration of a contract or grant.
(a)It is unlawful for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback from a person who has or is seeking a contract with or a grant from a public entity.
(b)An individual is not guilty of unlawful conduct under Subsection (2)(a) for receiving or accepting, offering or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of a public entity, unless done with the intent that the public entity, in exchange:
(i)award a contract or grant;
(ii)make a procurement decision; or
(iii)take an action relating to the administration of a contract or grant.
(3)Notwithstanding Subsections
(1)and
(2), it is not unlawful for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if:
(a)the total value of the hospitality gift is less than $10; and
(b)the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50.
(4)Notwithstanding Subsections
(1)and
(2), as part of a standard procurement process conducted by an institution of higher education described in Section 53H-1-102 :
(a)the institution or an institution employee acting on the institution's behalf may:
(i)request a contribution, sponsorship, or other offering for the institution's benefit in the institution's solicitation; or
(ii)consider and evaluate, as part of a solicitation's evaluation criteria, a contribution, sponsorship, or other value-added offering offered in a vendor's solicitation response; and
(b)in response to a solicitation that requests a contribution, sponsorship, or other offering for the institutions benefit, a vendor may offer a contribution, sponsorship, or other offering for the institution's benefit in the vendor's solicitation response.
(5)A person who engages in the conduct made unlawful under Subsection
(1)or
(2)is guilty of:
(a)a second degree felony, if the total value of the gratuity or kickback is $1,000 or more;
(b)a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000;
(c)a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and
(d)a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.
(6)The criminal sanctions described in Subsection
(5)do not preclude the imposition of other penalties for conduct made unlawful under this part, in accordance with other applicable law, including:
(a)dismissal from employment or other disciplinary action;
(b)for an elected officer listed in Section 77-6-1 , removal from office as provided in Title 77, Chapter 6, Removal by Judicial Proceedings ;
(c)requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and
(d)any other civil penalty provided by law.
Amended by Chapter 183 , 2026 General Session