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S1005................................................by JUDICIARY AND RULES
GOVERNMENT ETHICS - Amends existing law relating to the Ethics in
Government Act to change the term "administrative action" to "official
action."
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Boatright, Davis
Floor Sponsor - Dunklin
Title apvd - to House
02/11 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 58-0-12
AYES -- Alltus, Barrett, Bell, Bieter, Bruneel, Callister, Campbell,
Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz,
Lake, Linford, Mader, Marley, McKague, Meyer(Duncan), Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Watson, Wheeler, Williams, Zimmermann
NAYS -- None
Absent and excused -- Barraclough, Black, Boe, Denney, Jones,
Limbaugh, Loertscher, Montgomery, Mortensen, Trail, Wood, Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 145
Effective: 07/01/99
S1005|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1005 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE ETHICS IN GOVERNMENT ACT OF 1990; AMENDING SECTION 59-703, 3 IDAHO CODE, TO CHANGE THE DEFINED TERM "ADMINISTRATIVE ACTION" TO 4 "OFFICIAL ACTION" AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 59-703, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 59-703. DEFINITIONS. For purposes of this chapter: 9 (1) "AdministrativeOfficial action" means any 10 decision on, or proposal, consideration, enactment, defeat, or making of any 11 rule, regulation, rate-making proceeding or policy action or nonaction by a 12 governmental body or any other policy matter which is within the official 13 jurisdiction of the governmental body. 14 (2) "Business" means any undertaking operated for economic gain, includ- 15 ing, but not limited to, a corporation, partnership, trust, proprietorship, 16 firm, association or joint venture. 17 (3) "Business with which a public official is associated" means any busi- 18 ness of which the public official or member of his household is a director, 19 officer, owner, partner, employee or holder of stock over five thousand dol- 20 lars ($5,000) or more at fair market value. 21 (4) "Conflict of interest" means any official action or any decision or 22 recommendation by a person acting in a capacity as a public official, the 23 effect of which would be to the private pecuniary benefit of the person or a 24 member of the person's household, or a business with which the person or a 25 member of the person's household is associated, unless the pecuniary benefit 26 arises out of the following: 27 (a) An interest or membership in a particular business, industry, occupa- 28 tion or class required by law as a prerequisite to the holding by the per- 29 son of the office or position; 30 (b) Any action in the person's official capacity which would affect to 31 the same degree a class consisting of an industry or occupation group in 32 which the person, or a member of the person's household or business with 33 which the person is associated, is a member or is engaged; 34 (c) Any interest which the person has by virtue of his profession, trade 35 or occupation where his interest would be affected to the same degree as 36 that of a substantial group or class of others similarly engaged in the 37 profession, trade or occupation; 38 (d) Any action by a public official upon any revenue measure, any appro- 39 priation measure or any measure imposing a tax, when similarly situated 40 members of the general public are affected by the outcome of the action in 41 a substantially similar manner and degree. 42 (5) "Economic gain" means increase in pecuniary value from sources other 43 than lawful compensation as a public official. 2 1 (6) "Governmental entity" means: 2 (a) The state of Idaho and all agencies, commissions and other governmen- 3 tal bodies of the state; and 4 (b) Counties and municipalities of the state of Idaho, all other politi- 5 cal subdivisions including, but not limited to, highway districts, plan- 6 ning and zoning commissions or governmental bodies not specifically men- 7 tioned in this chapter. 8 (7) "Members of a household" mean s the spouse and dependent 9 children of the public official and/or persons whom the public official is 10 legally obligated to support. 11 (8) "Person" means an individual, proprietorship, partnership, associa- 12 tion, trust, estate, business trust, group or corporation, whether operated 13 for profit or not, and any other legal entity, or agent or servant thereof, or 14 a governmental entity. 15 (9) "Public office" means any position in which the normal and usual 16 duties are conducted on behalf of a governmental entity. 17 (10) "Public official" means any person holding public office in the fol- 18 lowing capacity: 19 (a) As an elected public official meaning any person holding public 20 office of a governmental entity by virtue of an elected process, including 21 persons appointed to a vacant elected office of a governmental entity, 22 excluding members of the judiciary; or 23 (b) As an elected legislative public official meaning any person holding 24 public office as a legislator; or 25 (c) As an appointed public official meaning any person holding public 26 office of a governmental entity by virtue of formal appointment as 27 required by law; or 28 (d) As an employed public official meaning any person holding public 29 office of a governmental entity by virtue of employment, or a person 30 employed by a governmental entity on a consultive basis.
STATEMENT OF PURPOSE
RS 08533
This bill is one of a series of bills that the Justices of
the Supreme Court transmitted to the Governor in their annual
"defects in the law" report under Art. 5, Sec. 25 of the Idaho
Constitution.
The Ethics in Government Act of l990 defines several terms
in I.C. 59-703 to aid in its interpretation. One of the terms
defined in this section is "administrative action," but this term
does not appear in any other section of the Act. Conversely, the
term "official action" appears in I.C. 59-703(4) and 59-704 of
the Act but is not defined and therefore lacks a clearly
expressed legislative meaning.
This bill amends I.C. 59-703(l) of the definition section
to change the descriptive term "administrative action" to
uofficial actionN to give meaning to the latter term as used in
the substantive provisions of the Act.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S1005