1998 Legislation
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HOUSE BILL NO. 545 – Public official, conflict/interest

HOUSE BILL NO. 545

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Daily Data Tracking History



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

Bill Text


H0545


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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.    CIVIL    PENALTY. (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 a  civil offense   mis-
11    demeanor  ,  the  penalty  for  which  may be a fine not to exceed 
12    twenty- five hundred dollars ($ 2, 500) , provided  that
13    the provisions of this subsection shall not apply to any public official where
14    the  governmental  entity on which said official serves has put into operation
15    an ethics commission or board  described  in  section  59-704(6),  Idaho  Code
16    .
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 / Fiscal Impact


    





                           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