|
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the
<br />prohibitions in this section.
<br />(8.2) Section 8.2. Loans to Public Officials.
<br />(A) No elected officer of a state or local government agency shall, from the date of his or
<br />her election to office through the date that he or she vacates office, receive a personal loan from
<br />any officer, employee, member, or consultant of the state or local government agency in which
<br />the elected officer holds office or over which the elected officer's agency has direction and
<br />control.
<br />(B) No public official who is exempt from the state civil service system pursuant to
<br />subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he
<br />or she holds office, receive a personal loan from any officer, employee, member, or consultant
<br />of the state or local government agency in which the public official holds office or over which the
<br />public official's agency has direction and control. This subdivision shall not apply to loans made
<br />to a public official whose duties are solely secretarial, clerical, or manual.
<br />(C) No elected officer of a state or local government agency shall, from the date of his or
<br />her election to office through the date that he or she vacates office, receive a personal loan from
<br />any person who has a contract with the state or local government agency to which that elected
<br />officer has been elected or over which that elected officer's agency has direction and control.
<br />This subdivision shall not apply to loans made by banks or other financial institutions or to any
<br />indebtedness created as part of a retail installment or credit card transaction, if the loan is made
<br />or the indebtedness created in the lender's regular course of business on terms available to
<br />members of the public without regard to the elected officer's official status.
<br />(D) No public official who is exempt from the state civil service system pursuant to
<br />subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he
<br />or she holds office, receive a personal loan from any person who has a contract with the state or
<br />local government agency to which that elected officer has been elected or over which that
<br />elected officer's agency has direction and control. This subdivision shall not apply to loans made
<br />by banks or other financial institutions or to any indebtedness created as part of a retail
<br />installment or credit card transaction, if the loan is made or the indebtedness created in the
<br />lender's regular course of business on terms available to members of the public without regard
<br />to the elected officer's official status. This subdivision shall not apply to loans made to a public
<br />official whose duties are solely secretarial, clerical, or manual.
<br />(E) This section shall not apply to the following:
<br />1. Loans made to the campaign committee of an elected officer or candidate for elective
<br />office.
<br />2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
<br />brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
<br />cousin, or the spouse of any such persons, provided that the person making the loan is not
<br />acting as an agent or intermediary for any person not otherwise exempted under this section.
<br />3. Loans from a person which, in the aggregate, do not exceed five hundred dollars
<br />($500) at any given time.
<br />6
<br />
|