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Resolution No. 2026-
<br />Page 6
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<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
<br />of the election to office through the date that the officer vacates office, receive a
<br />personal loan from any officer, employee, member, or consultant of the state or
<br />local government agency in which the elected officer holds office or over which
<br />the elected officer's agency has direction and control.
<br />(B) No public official who is exempt from the state civil service system pursuant
<br />to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the
<br />Constitution shall, while he or she holds office, receive a personal loan from any
<br />officer, employee, member, or consultant of the state or local government agency
<br />in which the public official holds office or over which the public official's agency
<br />has direction and control. This subdivision shall not apply to loans made to a
<br />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
<br />of the election to office through the date that the officer vacates office, receive a
<br />personal loan from any person who has a contract with the state or local
<br />government agency to which that elected officer has been elected or over which
<br />that elected officer's agency has direction and control. This subdivision shall not
<br />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
<br />the loan is made or the indebtedness created in the lender's regular course of
<br />business on terms available to members of the public without regard to the
<br />elected officer's official status.
<br />(D) No public official who is exempt from the state civil service system pursuant
<br />to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the
<br />Constitution shall, while the official holds office, receive a personal loan from any
<br />person who has a contract with the state or local government agency to which
<br />that elected officer has been elected or over which that elected officer's agency
<br />has direction and control. This subdivision shall not apply to loans made by
<br />banks or other financial institutions or to any indebtedness created as part of a
<br />retail installment or credit card transaction, if the loan is made or the
<br />indebtedness created in the lender's regular course of business on terms
<br />available to members of the public without regard to the elected officer's official
<br />status. This subdivision shall not apply to loans made to a public official whose
<br />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
<br />elective 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,
<br />uncle, or first cousin, or the spouse of any such persons, provided that the person
<br />making the loan is not acting as an agent or intermediary for any person not
<br />otherwise exempted under this section.
<br />3. Loans from a person which, in the aggregate, do not exceed $500 at any given
<br />time.
<br />4. Loans made, or offered in writing, before January 1, 1998.
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