United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1304

Officers and municipal employees are prohibited from using their office or confidential information for personal gain, or from soliciting or accepting substantial gifts or benefits that could improperly influence them,…

Source excerpt

conflict of interestconflicts of interestpublic office conductpublic sector compliance

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Officers and municipal employees are prohibited from using their office or confidential information for personal gain, or from soliciting or accepting substantial gifts or benefits that could improperly influence them, subject to stated exceptions.”

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Use of office for personal benefit prohibited.

Section 10-3-1304

Subsection 10-3-1304(2)

An officer or municipal employee commits an offense, except as provided in Subsection (4), if they misuse official information or position for personal gain, special privileges, or receive a substantial gift tied to official influence or reward.

Section 10-3-1304(2)

Subsection 10-3-1304(2)(c)

An officer or municipal employee must not knowingly receive, accept, take, seek, or solicit, directly or indirectly, a substantial gift or comparable economic benefit when it could improperly influence public duties or is mainly for rewarding official action.

Section 10-3-1304(2)(c)

Subsection 10-3-1304(3)(a)

An occasional nonpecuniary gift is limited to a value of less than $50.

Section 10-3-1304(3)(a)

Subsection 10-3-1304(4)

This section does not apply to an officer or municipal employee for conduct covered by this section, except to the extent the person is chargeable for the same conduct under Section 76-8-105.

Section 10-3-1304(4)

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Showing 18 of 18 provisions

Provision 18

Part 10-3-13

part 10-3-13 Municipal Officers' and Employees' Ethics Act

§ 10-3-1304Use of office for personal benefit prohibited.Provision

Source excerpt

Use of office for personal benefit prohibited. As used in this section, "economic benefit tantamount to a gift" includes: a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; or compensation received for a private service rendered at a rate substantially exceeding the fair market value of the service. Except as provided in Subsection (4), it is an offense for an officer or municipal employee to: disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or municipal employee's official position or in the course of official duties in order to further substantially the officer's or municipal employee's personal economic interest or to secure special privileges or exemptions for the officer or municipal employee or for others; use or attempt to use the officer's or municipal employee's official position to: further substantially the officer's or municipal employee's personal economic interest; or secure special privileges for the officer or municipal employee or for others; or knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer or municipal employee or for another, a gift of substantial value or a substantial economic benefit tantamount to a gift 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; or 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. Subsection (2)(c) does not apply to: an occasional nonpecuniary gift having a value of less than $50; an award publicly presented in recognition of public services; any bona fide loan made in the ordinary course of business; or a political campaign contribution. This section does not apply to an officer or municipal employee who engages in conduct that constitutes a violation of this section to the extent that the officer or municipal employee is chargeable, for the same conduct, under Section 76-8-105 .

Section 10-3-1304Verify source

§ 10-3-1304(1)Subsection 10-3-1304(1)Provision

Source excerpt

This section defines “economic benefit tantamount to a gift” to include certain below-market loans and above-market compensation for private services.

As used in this section, "economic benefit tantamount to a gift" includes: a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; or compensation received for a private service rendered at a rate substantially exceeding the fair market value of the service.

Section 10-3-1304(1)Verify source

§ 10-3-1304(1)(a)Subsection 10-3-1304(1)(a)Provision

Source excerpt

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

Section 10-3-1304(1)(a)Verify source

§ 10-3-1304(1)(b)Subsection 10-3-1304(1)(b)Provision

Source excerpt

compensation received for a private service rendered at a rate substantially exceeding the fair market value of the service.

Section 10-3-1304(1)(b)Verify source

§ 10-3-1304(2)Subsection 10-3-1304(2)Provision

Source excerpt

Except as provided in Subsection (4), it is an offense for an officer or municipal employee to: disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or municipal employee's official position or in the course of official duties in order to further substantially the officer's or municipal employee's personal economic interest or to secure special privileges or exemptions for the officer or municipal employee or for others; use or attempt to use the officer's or municipal employee's official position to: further substantially the officer's or municipal employee's personal economic interest; or secure special privileges for the officer or municipal employee or for others; or knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer or municipal employee or for another, a gift of substantial value or a substantial economic benefit tantamount to a gift 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; or 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.

Section 10-3-1304(2)Verify source

§ 10-3-1304(2)(a)Subsection 10-3-1304(2)(a)Provision

Source excerpt

An officer or municipal employee must not disclose or improperly use private, controlled, or protected information obtained through official position or duties to gain a personal economic benefit or special privileges or exemptions for themselves or others.

disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or municipal employee's official position or in the course of official duties in order to further substantially the officer's or municipal employee's personal economic interest or to secure special privileges or exemptions for the officer or municipal employee or for others;

Section 10-3-1304(2)(a)Verify source

§ 10-3-1304(2)(b)Subsection 10-3-1304(2)(b)Provision

Source excerpt

use or attempt to use the officer's or municipal employee's official position to: further substantially the officer's or municipal employee's personal economic interest; or secure special privileges for the officer or municipal employee or

Section 10-3-1304(2)(b)Verify source

§ 10-3-1304(2)(b)(i)Subsection 10-3-1304(2)(b)(i)Provision

Source excerpt

further substantially the officer's or municipal employee's personal economic interest; or

Section 10-3-1304(2)(b)(i)Verify source

§ 10-3-1304(2)(b)(ii)Subsection 10-3-1304(2)(b)(ii)Provision

Source excerpt

secure special privileges for the officer or municipal employee or for others; or

Section 10-3-1304(2)(b)(ii)Verify source

§ 10-3-1304(2)(c)Subsection 10-3-1304(2)(c)Provision

Source excerpt

knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer or municipal employee or for another, a gift of substantial value or a substantial economic benefit tantamount to a gift 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; or 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.

Section 10-3-1304(2)(c)Verify source

§ 10-3-1304(2)(c)(i)Subsection 10-3-1304(2)(c)(i)Provision

Source excerpt

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; or

Section 10-3-1304(2)(c)(i)Verify source

§ 10-3-1304(2)(c)(ii)Subsection 10-3-1304(2)(c)(ii)Provision

Source excerpt

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.

Section 10-3-1304(2)(c)(ii)Verify source

§ 10-3-1304(3)Subsection 10-3-1304(3)Provision

Source excerpt

Subsection (2)(c) does not apply to certain small gifts, awards for public service, bona fide business loans, or political campaign contributions.

Subsection (2)(c) does not apply to: an occasional nonpecuniary gift having a value of less than $50; an award publicly presented in recognition of public services; any bona fide loan made in the ordinary course of business; or a political campaign contribution.

Section 10-3-1304(3)Verify source

§ 10-3-1304(3)(a)Subsection 10-3-1304(3)(a)Provision

Source excerpt

An occasional nonpecuniary gift is limited to a value of less than $50.

an occasional nonpecuniary gift having a value of less than $50;

Section 10-3-1304(3)(a)Verify source

§ 10-3-1304(3)(b)Subsection 10-3-1304(3)(b)Provision

Source excerpt

an award publicly presented in recognition of public services;

Section 10-3-1304(3)(b)Verify source

§ 10-3-1304(3)(c)Subsection 10-3-1304(3)(c)Provision

Source excerpt

Refers to a bona fide loan made in the ordinary course of business.

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

Section 10-3-1304(3)(c)Verify source

§ 10-3-1304(3)(d)Subsection 10-3-1304(3)(d)Provision

Source excerpt

a political campaign contribution.

Section 10-3-1304(3)(d)Verify source

§ 10-3-1304(4)Subsection 10-3-1304(4)Provision

Source excerpt

This section does not apply to an officer or municipal employee for conduct covered by this section, except to the extent the person is chargeable for the same conduct under Section 76-8-105.

This section does not apply to an officer or municipal employee who engages in conduct that constitutes a violation of this section to the extent that the officer or municipal employee is chargeable, for the same conduct, under Section 76-8-105 .

Section 10-3-1304(4)Verify source

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Utah Code § 10-3-1304

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