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S1177.........................................................by STATE AFFAIRS
PUBLIC SERVANTS - GIFTS - Amends existing law to provide an exception from the
provision which prohibits gifts to public servants by persons subject to their
jurisdiction for expenses provided to a public servant to attend charitable,
cultural, instructional or educational events.
03/31 Senate intro - 1st rdg - to printing
04/01 Rpt prt - to St Aff
Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/04 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1177
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE PROHIBITION OF GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO
3 THEIR JURISDICTION; AMENDING SECTION 18-1356, IDAHO CODE, TO PROVIDE AN
4 EXCEPTION FROM THE PROVISION PROHIBITING GIFTS TO PUBLIC SERVANTS BY PER-
5 SONS SUBJECT TO THEIR JURISDICTION FOR EXPENSES PROVIDED TO A PUBLIC SER-
6 VANT TO ATTEND CHARITABLE, CULTURAL, INSTRUCTIONAL OR EDUCATIONAL EVENTS
7 AND TO MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-1356, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-1356. GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURISDIC-
12 TION. (1) Regulatory and law enforcement officials. No public servant in any
13 department or agency exercising regulatory functions, or conducting inspec-
14 tions or investigations, or carrying on civil or criminal litigation on behalf
15 of the government, or having custody of prisoners, shall solicit, accept or
16 agree to accept any pecuniary benefit from a person known to be subject to
17 such regulation, inspection, investigation or custody, or against whom such
18 litigation is known to be pending or contemplated.
19 (2) Officials concerned with government contracts and pecuniary transac-
20 tions. No public servant having any discretionary function to perform in con-
21 nection with contracts, purchases, payments, claims or other pecuniary trans-
22 actions of the government shall solicit, accept or agree to accept any pecuni-
23 ary benefit from any person known to be interested in or likely to become
24 interested in any such contract, purchase, payment, claim or transaction.
25 (3) Judicial and administrative officials. No public servant having judi-
26 cial or administrative authority and no public servant employed by or in a
27 court or other tribunal having such authority, or participating in the
28 enforcement of its decisions, shall solicit, accept or agree to accept any
29 pecuniary benefit from a person known to be interested in or likely to become
30 interested in any matter before such public servant or a tribunal with which
31 he is associated.
32 (4) Legislative officials. No legislator or public servant employed by
33 the legislature or by any committee or agency thereof shall solicit, accept or
34 agree to accept any pecuniary benefit in return for action on a bill, legisla-
35 tion, proceeding or official transaction from any person known to be inter-
36 ested in a bill, legislation, official transaction or proceeding, pending or
37 contemplated before the legislature or any committee or agency thereof.
38 (5) Exceptions. This section shall not apply to:
39 (a) fFees prescribed by law to be received by a public servant, or any
40 other benefit for which the recipient gives legitimate consideration or to
41 which he is otherwise legally entitled; or
42 (b) gGifts or other benefits conferred on account of kinship or other
43 personal, professional or business relationship independent of the offi-
2
1 cial status of the receiver; or
2 (c) Expenses provided to a public servant to attend charitable, cultural,
3 instructional or educational events; or
4 (d) Ttrivial benefits not to exceed a value of fifty dollars ($50.00)
5 incidental to personal, professional or business contacts and involving no
6 substantial risk of undermining official impartiality.
7 (6) Offering benefits prohibited. No person shall knowingly confer, or
8 offer or agree to confer, any benefit prohibited by the foregoing subsections.
9 (7) Grade of offense. An offense under this section is a misdemeanor and
10 shall be punished as provided in this chapter.
STATEMENT OF PURPOSE
RS 13252
The purpose of this legislation is to amend Section 18-1356,
Idaho Code, to provide an exception from the provision
prohibiting gifts to public servants by persons subject to their
jurisdiction, for expenses provided to a public servant to attend
charitable, cultural, instructional or educational events.
FISCAL IMPACT
None.
Contact
Name: Senator Sheila Sorensen
Phone: 332-1319
STATEMENT OF PURPOSE/FISCAL NOTE S 1177