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2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, <br /> grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, <br /> uncle, or first cousin, or the spouse of any such person, provided that the person making the <br /> loan is not acting as an agent or intermediary for any person not otherwise exempted under this <br /> section. <br /> 3. Loans made, or offered in writing, before January 1, 1998. <br /> (C) Nothing in this section shall exempt any person from any other provision of Title 9 of <br /> the Government Code. <br /> (8.4) Section 8.4. Personal Loans. <br /> (A) Except as set forth in subdivision (B), a personal loan received by any designated <br /> employee shall become a gift to the designated employee for the purposes of this section in the <br /> following circumstances: <br /> 1. If the loan has a defined date or dates for repayment, when,the statute of limitations <br /> for filing an action for default has expired. <br /> 2. If the loan has no defined date or dates for repayment, when one year has elapsed <br /> from the later of the following: <br /> a. The date the loan was made. ; <br /> b. The date the last payment of one hundred dollars ($100) or more was made on the <br /> loan. <br /> c. The date,upon which the debtor has made payments on the loan aggregating to less <br /> than two hundred fifty dollars ($250) during the previous 12 months. <br /> (B) This section shall not apply to the following types of loans: <br /> 1. A loan made to the campaign committee of an elected officer or a candidate for <br /> elective office. <br /> 2. A loan that would otherwise not be a gift as defined in this title. <br /> 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which <br /> the creditor has taken reasonable action to collect the balance due. <br /> 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which <br /> the creditor, based on reasonable business considerations, has not undertaken collection <br /> action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of <br /> this paragraph has the burden of proving that the decision for not taking collection action was <br /> based on reasonable business considerations. <br /> 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately <br /> discharged in bankruptcy. <br /> (C) Nothing in this section shall exempt any person from any other provisions of Title 9 <br /> of the Government Code. 0 <br /> (9) Section 9. Disqualification. <br />