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S1422......................................................by STATE AFFAIRS
LOCAL GOVERNMENT - EMPLOYEES - Amends existing law to provide that certain
public employees may retain their positions and receive compensation and
benefits, despite being related to a subsequently elected local government
official; to clarify that no property rights in the position are created;
and to provide that the employee will continue to be subject to certain
disciplinary actions.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler
NAYS -- None
Absent and excused -- Frasure, Goedde, Marley, Sandy, Williams
Floor Sponsor - Davis
Title apvd - to House
02/22 House intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 43-15-12
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Campbell, Collins, Cuddy, Deal, Eskridge, Field(13),
Field(20), Gagner, Hadley, Hammond, Harwood, Higgins,
Kellogg(Duncan), Lake, Langford, Loertscher, Mader, Martinez,
McKague, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young
NAYS -- Bedke, Bruneel, Callister, Denney, Ellis, Ellsworth, Henbest,
Jaquet, Kunz, Montgomery, Moyle, Pearce, Pomeroy, Roberts, Smith(33)
Absent and excused -- Barrett, Clark, Crow, Gould, Hornbeck, Jones,
Kendell, Meyer, Mortensen, Pischner, Smith(23), Mr. Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/26 Governor signed
Session Law Chapter 304
Effective: 03/26/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1422
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE USE OF A PUBLIC POSITION FOR PERSONAL GAIN; AMENDING SECTION
3 18-1359, IDAHO CODE, TO PROVIDE THAT CERTAIN PUBLIC EMPLOYEES MAY RETAIN
4 THEIR POSITIONS AND RECEIVE COMPENSATION AND BENEFITS DESPITE BEING
5 RELATED TO SUBSEQUENTLY ELECTED LOCAL GOVERNMENT OFFICIALS, TO CLARIFY
6 THAT NO PROPERTY RIGHTS IN THE POSITION ARE CREATED AND TO PROVIDE THAT AN
7 EMPLOYEE WILL CONTINUE TO BE SUBJECT TO CERTAIN DISCIPLINARY ACTIONS; AND
8 DECLARING AN EMERGENCY.
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 (2) No person related to any member of the legislature by blood or mar-
5 riage within the second degree shall be appointed to any clerkship, office,
6 position, employment or duty within the legislative branch of government or
7 otherwise be employed by the legislative branch of government when the salary,
8 wages, pay or compensation of such appointee or employee is to be paid out of
9 public funds.
10 (3) No person related to a mayor or member of a city council by blood or
11 marriage within the second degree shall be appointed to any clerkship, office,
12 position, employment or duty with the mayor's or city council's city when the
13 salary, wages, pay or compensation of such appointee or employee is to be paid
14 out of public funds.
15 (4) No person related to a county commissioner by blood or marriage
16 within the second degree shall be appointed to any clerkship, office, posi-
17 tion, employment or duty with the commissioner's county when the salary,
18 wages, pay or compensation of such appointee or employee is to be paid out of
19 public funds.
20 (5) (a) An employee of a governmental entity holding a position prior to
21 the election of a local government official, who is related within the
22 second degree, shall be entitled to retain his or her position and receive
23 general pay increases, step increases, cost of living increases, and/or
24 other across the board increases in salary, benefits and bonuses.
25 (b) Nothing in this section shall be construed as creating any property
26 rights in the position held by an employee subject to this section, and
27 all authority in regard to disciplinary action, transfer, dismissal, demo-
28 tion or termination shall continue to apply to the employee.
29 (6) The prohibitions contained within this section shall not include con-
30 duct defined by the provisions of section 59-703(4), Idaho Code.
31 (67) The prohibitions within this section and section 18-1356, Idaho
32 Code, as it applies to part-time public servants, does not include those
33 actions or conduct involving the public servant's business, profession or
34 occupation and unrelated to the public servant's official conduct, and does
35 not apply to a pecuniary benefit received in the normal course of a
36 legislator's business, profession or occupation and unrelated to any bill,
37 legislation, proceeding or official transaction.
38 SECTION 2. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
RS 11919
This bill would allow employees of a governmental unit to still
receive normal pay increases even though their spouse or other
relative may subsequently be elected as a local government
official.
FISCAL IMPACT
No fiscal impact is projected.
Contact
Name: Bart M. Davis
Phone: 208/332-1307
STATEMENT OF PURPOSE/FISCAL NOTE S 1422