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H0545......................................................by STATE AFFAIRS CONFLICT OF INTEREST - Amends existing law to provide that failure to disclose a conflict of interest by a public official is a misdemeanor and to provide penalties. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - to St Aff
H0545|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 545 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CONFLICT OF INTEREST OF A PUBLIC OFFICIAL; AMENDING SECTION 3 59-705, IDAHO CODE, TO PROVIDE THAT FAILURE TO DISCLOSE A CONFLICT OF 4 INTEREST IS A MISDEMEANOR AND PROVIDING PENALTIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 59-705, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 59-705.CIVILPENALTY. (1) Any public official who inten- 9 tionally fails to disclose a conflict of interest as provided for in section 10 59-704, Idaho Code, shall be guilty of acivil offensemis- 11 demeanor , the penalty for which may be a fine not to exceed 12 twenty- five hundred dollars ($ 2, 500), provided that13the provisions of this subsection shall not apply to any public official where14the governmental entity on which said official serves has put into operation15an ethics commission or board described in section 59-704(6), Idaho Code16. 17 (2) The penalty prescribed in subsection (1) of this section does not 18 limit the power of either house of the legislature to discipline its own mem- 19 bers, nor limit the power of governmental entities, including occupational or 20 professional licensing bodies, to discipline their members or personnel. A 21 violation of the provisions of this chapter shall not preclude prosecution and 22 conviction for any criminal violation that may have been committed.
STATEMENT OF PURPOSE RS07476C1 This legislation raises the penalty for a public official's failure to report a conflict of interest. It raises the penalty from a civil offense to a misdemeanor and the maximum fine from $500 to $2,500. It still allows the Legislature and other government entities to punish its own members or preclude prosecution and conviction of any criminal violation. FISCAL NOTE There will be no fiscal impact to the state. CONTACT: Representative Bruce Newcomb 332-1122 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 545