67-16-5. Accepting gift, compensation, or loan -- When prohibited.

339 words·~2 min read·/ut/title-67/chapter-16/67-16-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/29/2014

(1)As used in this section, "economic benefit tantamount to a gift" includes:

(a)a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and

(b)compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.

(2)Except as provided in Subsection

(4), it is an offense for a public officer or public employee to knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:

(a)that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties;

(b)that the public officer or public employee knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the public officer or public employee for official action taken; or

(c)if the public officer or public employee recently has been, is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided in Section 67-16-6 .

(3)Subsection

(2)does not apply to:

(a)an occasional nonpecuniary gift, having a value of not in excess of $50;

(b)an award publicly presented in recognition of public services;

(c)any bona fide loan made in the ordinary course of business; or

(d)a political campaign contribution.

(4)This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105 .

Amended by Chapter 196 , 2014 General Session