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2006 Utah Code - 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 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) It is an offense for a public officer, public employee, or legislator, under circumstances not amounting to a violation of Section 63-56-1001 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 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 person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or
     (c) if he 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.

Amended by Chapter 25, 2005 General Session

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