67-16-5 - Accepting gift, compensation, or loan -- When prohibited.
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 thencurrently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceedingthe fair market value of the services.
(2) It is an offense for a public officer or public employee, under circumstances notamounting to a violation of Section 63G-6-1001 or 76-8-105, to knowingly receive, accept, take,seek, or solicit, directly or indirectly for himself or another a gift of substantial value or asubstantial economic benefit tantamount to a gift:
(a) that would tend improperly to influence a reasonable person in the person's positionto 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 thatposition should know under the circumstances is primarily for the purpose of rewarding thepublic 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 futuremay be involved in any governmental action directly affecting the donor or lender, unless adisclosure of the gift, compensation, or loan and other relevant information has been made in themanner 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.
Amended by Chapter 382, 2008 General Session