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S1044aa........................................................by SCHROEDER
PUBLIC CONTRACTS - Amends and adds to existing law relating to public
contracts to prohibit public servants and public officers from engaging in
certain acts; to specify the penalties for violations; and to clarify that
designated penalties apply unless otherwise provided.
01/21 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to St Aff
03/03 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 30-0-4, 1 vacancy
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet,
Werk
NAYS -- None
Absent and excused -- Andreason, Hill, Pearce, Williams, (District 21
seat vacant)
Floor Sponsor - Schroeder
Title apvd - to House
03/11 House intro - 1st rdg - to St Aff
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 57-2-11
AYES -- Anderson, Andrus, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23),
Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle,
Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rydalch,
Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
NAYS -- Barraclough, Nielsen
Absent and excused -- Black, Crow, Deal, Eskridge, Harwood, Lake,
Mitchell, Ring, Rusche, Schaefer, Wills
Floor Sponsor - Smylie
Title apvd - to Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Governor
03/31 Governor signed
Session Law Chapter 214
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1044
BY SCHROEDER
1 AN ACT
2 RELATING TO PUBLIC CONTRACTS; AMENDING SECTION 18-1359, IDAHO CODE, TO PRO-
3 HIBIT PUBLIC SERVANTS FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE
4 PENALTIES FOR VIOLATIONS; AMENDING CHAPTER 2, TITLE 59, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 59-210, IDAHO CODE, TO PROHIBIT PUBLIC OFFICERS
6 FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE PENALTIES FOR VIOLATIONS;
7 AND AMENDING SECTION 59-208, IDAHO CODE, TO CLARIFY THAT DESIGNATED PENAL-
8 TIES APPLY UNLESS OTHERWISE PROVIDED.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-1359, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-1359. USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No public servant
13 shall:
14 (a) Without the specific authorization of the governmental entity for
15 which he serves, use public funds or property to obtain a pecuniary bene-
16 fit for himself.
17 (b) Solicit, accept or receive a pecuniary benefit as payment for ser-
18 vices, advice, assistance or conduct customarily exercised in the course
19 of his official duties. This prohibition shall not include trivial bene-
20 fits not to exceed a value of fifty dollars ($50.00) incidental to per-
21 sonal, professional or business contacts and involving no substantial risk
22 of undermining official impartiality.
23 (c) Use or disclose confidential information gained in the course of or
24 by reason of his official position or activities in any manner with the
25 intent to obtain a pecuniary benefit for himself or any other person or
26 entity in whose welfare he is interested or with the intent to harm the
27 governmental entity for which he serves.
28 (d) Be interested in any contract made by him in his official capacity,
29 or by any body or board of which he is a member, except as provided in
30 section 18-1361, Idaho Code.
31 (e) Appoint or vote for the appointment of any person related to him by
32 blood or marriage within the second degree, to any clerkship, office,
33 position, employment or duty, when the salary, wages, pay or compensation
34 of such appointee is to be paid out of public funds or fees of office, or
35 appoint or furnish employment to any person whose salary, wages, pay or
36 compensation is to be paid out of public funds or fees of office, and who
37 is related by either blood or marriage within the second degree to any
38 other public servant when such appointment is made on the agreement or
39 promise of such other public servant or any other public servant to
40 appoint or furnish employment to anyone so related to the public servant
41 making or voting for such appointment. Any public servant who pays out of
42 any public funds under his control or who draws or authorizes the drawing
43 of any warrant or authority for the payment out of any public fund of the
2
1 salary, wages, pay, or compensation of any such ineligible person, knowing
2 him to be ineligible, is guilty of a misdemeanor and shall be punished as
3 provided in this chapter.
4 (f) Commit any act prohibited of members of the legislature or any offi-
5 cer or employee of any branch of the state government by section 67-5726,
6 Idaho Code, violations of which are subject to penalties as provided in
7 section 67-5734, Idaho Code, which prohibition and penalties shall be
8 deemed to extend to all public servants pursuant to the provisions of this
9 section.
10 (2) No person related to any member of the legislature by blood or mar-
11 riage within the second degree shall be appointed to any clerkship, office,
12 position, employment or duty within the legislative branch of government or
13 otherwise be employed by the legislative branch of government when the salary,
14 wages, pay or compensation of such appointee or employee is to be paid out of
15 public funds.
16 (3) No person related to a mayor or member of a city council by blood or
17 marriage within the second degree shall be appointed to any clerkship, office,
18 position, employment or duty with the mayor's or city council's city when the
19 salary, wages, pay or compensation of such appointee or employee is to be paid
20 out of public funds.
21 (4) No person related to a county commissioner by blood or marriage
22 within the second degree shall be appointed to any clerkship, office, posi-
23 tion, employment or duty with the commissioner's county when the salary,
24 wages, pay or compensation of such appointee or employee is to be paid out of
25 public funds.
26 (5) (a) An employee of a governmental entity holding a position prior to
27 the election of a local government official, who is related within the
28 second degree, shall be entitled to retain his or her position and receive
29 general pay increases, step increases, cost of living increases, and/or
30 other across the board increases in salary or merit increases, benefits
31 and bonuses or promotions.
32 (b) Nothing in this section shall be construed as creating any property
33 rights in the position held by an employee subject to this section, and
34 all authority in regard to disciplinary action, transfer, dismissal, demo-
35 tion or termination shall continue to apply to the employee.
36 (6) The prohibitions contained within this section shall not include con-
37 duct defined by the provisions of section 59-703(4), Idaho Code.
38 (7) The prohibitions within this section and section 18-1356, Idaho Code,
39 as it applies to part-time public servants, do not include those actions or
40 conduct involving the public servant's business, profession or occupation and
41 unrelated to the public servant's official conduct, and do not apply to a
42 pecuniary benefit received in the normal course of a legislator's business,
43 profession or occupation and unrelated to any bill, legislation, proceeding or
44 official transaction.
45 SECTION 2. That Chapter 2, Title 59, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 59-210, Idaho Code, and to read as follows:
48 59-210. VIOLATION RELATING TO PUBLIC CONTRACTS. Officers shall not commit
49 any act prohibited by section 67-5726, Idaho Code, violations of which are
50 subject to penalties as provided in section 67-5734, Idaho Code, and which
51 prohibitions and penalties shall be deemed to extend to all public officers
52 governed by the provisions of this chapter.
3
1 SECTION 3. That Section 59-208, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 59-208. VIOLATION. A violation of the provisions of this chapter, unless
4 otherwise provided, is a misdemeanor and shall be punished by a fine not
5 exceeding one thousand dollars ($1,000), or incarceration in the county jail
6 for a period not exceeding one (1) year, or by both such fine and incarcera-
7 tion.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Schroeder
Seconded by Little
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1044
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 4, delete "Commit" and insert:
3 "Unless specifically authorized by another provision of law, commit".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1044, As Amended
BY SCHROEDER
1 AN ACT
2 RELATING TO PUBLIC CONTRACTS; AMENDING SECTION 18-1359, IDAHO CODE, TO PRO-
3 HIBIT PUBLIC SERVANTS FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE
4 PENALTIES FOR VIOLATIONS; AMENDING CHAPTER 2, TITLE 59, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 59-210, IDAHO CODE, TO PROHIBIT PUBLIC OFFICERS
6 FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE PENALTIES FOR VIOLATIONS;
7 AND AMENDING SECTION 59-208, IDAHO CODE, TO CLARIFY THAT DESIGNATED PENAL-
8 TIES APPLY UNLESS OTHERWISE PROVIDED.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-1359, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-1359. USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No public servant
13 shall:
14 (a) Without the specific authorization of the governmental entity for
15 which he serves, use public funds or property to obtain a pecuniary bene-
16 fit for himself.
17 (b) Solicit, accept or receive a pecuniary benefit as payment for ser-
18 vices, advice, assistance or conduct customarily exercised in the course
19 of his official duties. This prohibition shall not include trivial bene-
20 fits not to exceed a value of fifty dollars ($50.00) incidental to per-
21 sonal, professional or business contacts and involving no substantial risk
22 of undermining official impartiality.
23 (c) Use or disclose confidential information gained in the course of or
24 by reason of his official position or activities in any manner with the
25 intent to obtain a pecuniary benefit for himself or any other person or
26 entity in whose welfare he is interested or with the intent to harm the
27 governmental entity for which he serves.
28 (d) Be interested in any contract made by him in his official capacity,
29 or by any body or board of which he is a member, except as provided in
30 section 18-1361, Idaho Code.
31 (e) Appoint or vote for the appointment of any person related to him by
32 blood or marriage within the second degree, to any clerkship, office,
33 position, employment or duty, when the salary, wages, pay or compensation
34 of such appointee is to be paid out of public funds or fees of office, or
35 appoint or furnish employment to any person whose salary, wages, pay or
36 compensation is to be paid out of public funds or fees of office, and who
37 is related by either blood or marriage within the second degree to any
38 other public servant when such appointment is made on the agreement or
39 promise of such other public servant or any other public servant to
40 appoint or furnish employment to anyone so related to the public servant
41 making or voting for such appointment. Any public servant who pays out of
42 any public funds under his control or who draws or authorizes the drawing
43 of any warrant or authority for the payment out of any public fund of the
2
1 salary, wages, pay, or compensation of any such ineligible person, knowing
2 him to be ineligible, is guilty of a misdemeanor and shall be punished as
3 provided in this chapter.
4 (f) Unless specifically authorized by another provision of law, commit
5 any act prohibited of members of the legislature or any officer or
6 employee of any branch of the state government by section 67-5726, Idaho
7 Code, violations of which are subject to penalties as provided in section
8 67-5734, Idaho Code, which prohibition and penalties shall be deemed to
9 extend to all public servants pursuant to the provisions of this section.
10 (2) No person related to any member of the legislature by blood or mar-
11 riage within the second degree shall be appointed to any clerkship, office,
12 position, employment or duty within the legislative branch of government or
13 otherwise be employed by the legislative branch of government when the salary,
14 wages, pay or compensation of such appointee or employee is to be paid out of
15 public funds.
16 (3) No person related to a mayor or member of a city council by blood or
17 marriage within the second degree shall be appointed to any clerkship, office,
18 position, employment or duty with the mayor's or city council's city when the
19 salary, wages, pay or compensation of such appointee or employee is to be paid
20 out of public funds.
21 (4) No person related to a county commissioner by blood or marriage
22 within the second degree shall be appointed to any clerkship, office, posi-
23 tion, employment or duty with the commissioner's county when the salary,
24 wages, pay or compensation of such appointee or employee is to be paid out of
25 public funds.
26 (5) (a) An employee of a governmental entity holding a position prior to
27 the election of a local government official, who is related within the
28 second degree, shall be entitled to retain his or her position and receive
29 general pay increases, step increases, cost of living increases, and/or
30 other across the board increases in salary or merit increases, benefits
31 and bonuses or promotions.
32 (b) Nothing in this section shall be construed as creating any property
33 rights in the position held by an employee subject to this section, and
34 all authority in regard to disciplinary action, transfer, dismissal, demo-
35 tion or termination shall continue to apply to the employee.
36 (6) The prohibitions contained within this section shall not include con-
37 duct defined by the provisions of section 59-703(4), Idaho Code.
38 (7) The prohibitions within this section and section 18-1356, Idaho Code,
39 as it applies to part-time public servants, do not include those actions or
40 conduct involving the public servant's business, profession or occupation and
41 unrelated to the public servant's official conduct, and do not apply to a
42 pecuniary benefit received in the normal course of a legislator's business,
43 profession or occupation and unrelated to any bill, legislation, proceeding or
44 official transaction.
45 SECTION 2. That Chapter 2, Title 59, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 59-210, Idaho Code, and to read as follows:
48 59-210. VIOLATION RELATING TO PUBLIC CONTRACTS. Officers shall not commit
49 any act prohibited by section 67-5726, Idaho Code, violations of which are
50 subject to penalties as provided in section 67-5734, Idaho Code, and which
51 prohibitions and penalties shall be deemed to extend to all public officers
52 governed by the provisions of this chapter.
3
1 SECTION 3. That Section 59-208, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 59-208. VIOLATION. A violation of the provisions of this chapter, unless
4 otherwise provided, is a misdemeanor and shall be punished by a fine not
5 exceeding one thousand dollars ($1,000), or incarceration in the county jail
6 for a period not exceeding one (1) year, or by both such fine and incarcera-
7 tion.
STATEMENT OF PURPOSE
RS 14685
It is a crime, under Idaho Code 67-5734, for an officer or employee of state
government to violate Idaho Code 67-5726 which prohibits acts to influence or
attempt to influence the award of a contract to a particular vendor. Additionally,
no officer or employee shall conspire with a vendor of its agent, and no vendor or
its agent shall conspire with an officer or employee to influence or attempt to
influence the award of a contract. The first is a misdemeanor; the second is a
felony.
Because this provision is in a different code section from most other ethics in
government provisions, it is easily overlooked.
This proposal references Idaho Code 67-5726 and Idaho Code 67-5734 into Title
18, where the general ethics in government provisions are contained for the
convenience and clarity of those seeking guidance. It also clarifies that the
provisions of 67-5726 and 67-5734 extend to local governments, as well as state
government.
FISCAL IMPACT
None
Contact:
Senator Gary J. Schroeder
Phone: 208-334-1324 S 1044