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H0548aa,aa.................................................by STATE AFFAIRS
CONFLICT OF INTEREST - Amends existing law to strike reference to the
option of obtaining independent counsel for state elected public officials
concerning the potential of a conflict of interest.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 To Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 To Gen Ord
03/12 Rpt out amen - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 66-3-1
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Henbest, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Barrett, Hornbeck, Stoicheff
Absent and excused -- Hansen,
Floor Sponsor - Newcomb
Title apvd - to Senate
03/18 Senate intro - 1st rdg as amen - to St Aff
H0548|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 548, As Amended, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO REQUIRED ACTION IN THE EVENT OF CONFLICTS OF INTEREST; AMENDING 3 SECTION 59-704, IDAHO CODE, TO STRIKE REFERENCE TO INDEPENDENT COUNSEL FOR 4 ELECTED STATE PUBLIC OFFICIALS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 59-704. REQUIRED ACTION IN CONFLICTS. A public official shall not take 7 any official action or make a formal decision or formal recommendation con- 8 cerning any matter where he has a conflict of interest and has failed to dis- 9 close such conflict as provided in this section. Disclosure of a conflict does 10 not affect an elected public official's authority to be counted for purposes 11 of determining a quorum and to debate and to vote on the matter, unless the 12 public official requests to be excused from debate and voting at his or her 13 discretion. In order to determine whether a conflict of interest exists rela- 14 tive to any matter within the scope of the official functions of a public 15 official, a public official may seek legal advice from the attorney represent- 16 ing that governmental entity or from the attorney general or from independent 17 counsel if the person is not an elected state public official . If 18 the legal advice is that no real or potential conflict of interest exists, the 19 public official may proceed and shall not be subject to the prohibitions of 20 this chapter. If the legal advice is that a real or potential conflict may 21 exist, the public official: 22 (1) If he is an elected legislative public official, he shall disclose 23 the nature of the potential conflict of interest and/or be subject to the 24 rules of the body of which he/she is a member and shall take all action 25 required under such rules prior to acting on the matter. If a member requests 26 to be excused from voting on an issue which involves a conflict or a potential 27 conflict, and the body of which he is a member does not excuse him, such fail- 28 ure to excuse shall exempt that member from any civil or criminal liability 29 related to that particular issue. 30 (2) If he is an elected state public official, he shall prepare a written 31 statement describing the matter required to be acted upon and the nature of 32 the potential conflict, and shall file such statement with the secretary of 33 state prior to acting on the matter. A n elected state public 34 official may seek legal advice from the attorney representing that agency or 35 from the attorney general .or from independent counsel.36The elected state public official may then act on the 37 advice of the agency's attorney,or the attorney 38 general .or independent counsel.39 (3) If he is an appointed or employed state public official, he shall 40 prepare a written statement describing the matter to be acted upon and the 41 nature of the potential conflict, and shall deliver the statement to his 42 appointing authority. The appointing authority may obtain an advisory opinion 43 from the attorney general or from the attorney representing that agency. The 44 public official may then act on the advice of the attorney general, the 2 1 agency's attorney or independent counsel. 2 (4) If he is an elected public official of a county or municipality, he 3 shall disclose the nature of a potential conflict of interest prior to acting 4 on a matter and shall be subject to the rules of the body of which he/she is a 5 member and take all action required by the rules prior to acting on the mat- 6 ter. If a member requests to be excused from voting on an issue which involves 7 a conflict or a potential conflict, and the body of which he is a member does 8 not excuse him, such failure to excuse shall exempt that member from any civil 9 or criminal liability related to that particular issue. The public official 10 may obtain an advisory opinion from the attorney general or the attorney for 11 the county or municipality or from independent counsel. The public official 12 may then act on the advice of the attorney general or attorney for the county 13 or municipality or his independent counsel. 14 (5) If he is an appointed or employed public official of a county or 15 municipality, he shall prepare a written statement describing the matter 16 required to be acted upon and the nature of the potential conflict, and shall 17 deliver the statement to his appointing authority. The appointing authority 18 may obtain an advisory opinion from the attorney for the appointing authority, 19 or, if none, the attorney general. The public official may then act on the 20 advice of the attorney general or attorney for the appointing authority or 21 independent counsel. 22 (6) Nothing contained herein shall preclude the executive branch of state 23 government or a political subdivision from establishing an ethics board or 24 commission to perform the duties and responsibilities provided for in this 25 chapter. Any ethics board or commission so established shall have specifically 26 stated powers and duties including the power to: 27 (a) Issue advisory opinions upon the request of a public official within 28 its jurisdiction; 29 (b) Investigate possible unethical conduct of public officials within its 30 jurisdiction and conduct hearings, issue findings, and make recommenda- 31 tions for disciplinary action to a public official's appointing authority; 32 (c) Accept complaints of unethical conduct from the public and take 33 appropriate action.
STATEMENT OF PURPOSE
RS07477
This legislation does not allow a public official to solicit legal
advice from independent counsel in order to determine the existence
of a conflict of interest. Legal advice may still be solicited from
the attorney general or an attorney representing a governmental
agency.
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 548