Current through the 2024 Fourth Special Session
Section 67-16-5 - Accepting gift, compensation, or loan - When prohibited(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 ,§ 80, eff. 3/29/2014.Amended by Chapter 445, 2013 General Session ,§ 113, eff. 5/1/2013.Amended by Chapter 347, 2012 General Session ,§ 228, eff. 5/1/2013.Amended by Chapter 382, 2008 General Session