2004 Legislation
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HOUSE BILL NO. 586 – Employee/govt/related to official

HOUSE BILL NO. 586

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Bill Status



H0586aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
GOVERNMENTAL OFFICIALS - RELATIVES - Amends existing law to allow merit
increases or promotions to an employee of a governmental entity holding a
position prior to the election of a local government official who is
related within the second degree.
                                                                        
01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 68-1-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langhorst, Martinez, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Langford
      Absent and excused -- McGeachin
    Floor Sponsor - Wills
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/10    3rd rdg - to 14th Ord
03/11    Rpt out amen - to 1st rdg as amen
03/12    1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 26-5-4
      AYES -- Andreason, Bailey, Brandt, Bunderson, Calabretta, Cameron,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Keough, Little,
      Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Pearce,
      Richardson, Sorensen, Stennett, Sweet, Werk
      NAYS -- Burkett, Davis, Kennedy, Schroeder, Stegner
      Absent and excused -- Burtenshaw, Ingram, Noh, Williams
    Floor Sponsor - Darrington
    Title apvd - to House
03/17    House concurred in Senate amens - to engros
03/18    Rpt engros - 1st rdg - to 2nd rdg as amen
03/19    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 60-2-8
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Wills
      NAYS -- Moyle, Wood
      Absent and excused -- Bauer, Clark, Gagner, Harwood, Lake, Smith(24),
      Trail, Mr. Speaker
    Floor Sponsor - Wills
    Title apvd - To enrol - Rpt enrol - Sp signed
03/20    Pres signed
03/22    To Governor
03/24    Governor signed
         Session Law Chapter 316
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 586
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USING PUBLIC POSITION FOR PERSONAL GAIN; AMENDING SECTION 18-1359,
  3        IDAHO CODE, TO PROHIBIT THE MEMBERS OF A HOUSEHOLD OF A MAYOR, CITY  COUN-
  4        CIL MEMBER OR COUNTY COMMISSIONER FROM BEING APPOINTED TO ANY OFFICE IN OR
  5        EMPLOYED IN THE LOCAL UNIT OF GOVERNMENT WHERE COMPENSATION IS PAID OUT OF
  6        PUBLIC FUNDS, TO PROVIDE THAT AN EMPLOYEE OF A GOVERNMENTAL ENTITY HOLDING
  7        A  POSITION  PRIOR TO THE ELECTION OF A LOCAL GOVERNMENT OFFICIAL WHO IS A
  8        MEMBER OF THE OFFICIAL'S HOUSEHOLD SHALL BE ENTITLED TO RETAIN HIS OR  HER
  9        POSITION  AND RECEIVE CERTAIN PAY INCREASES AND TO DEFINE THE TERM "MEMBER
 10        OF A HOUSEHOLD" AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 18-1359, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        18-1359.  USING  PUBLIC  POSITION FOR PERSONAL GAIN. (1) No public servant
 15    shall:
 16        (a)  Without the specific authorization of  the  governmental  entity  for
 17        which  he serves, use public funds or property to obtain a pecuniary bene-
 18        fit for himself.
 19        (b)  Solicit, accept or receive a pecuniary benefit as  payment  for  ser-
 20        vices,  advice,  assistance or conduct customarily exercised in the course
 21        of his official duties. This prohibition shall not include  trivial  bene-
 22        fits  not  to  exceed a value of fifty dollars ($50.00) incidental to per-
 23        sonal, professional or business contacts and involving no substantial risk
 24        of undermining official impartiality.
 25        (c)  Use or disclose confidential information gained in the course  of  or
 26        by  reason  of  his official position or activities in any manner with the
 27        intent to obtain a pecuniary benefit for himself or any  other  person  or
 28        entity  in  whose  welfare he is interested or with the intent to harm the
 29        governmental entity for which he serves.
 30        (d)  Be interested in any contract made by him in his  official  capacity,
 31        or  by  any  body  or board of which he is a member, except as provided in
 32        section 18-1361, Idaho Code.
 33        (e)  Appoint or vote for the appointment of any person related to  him  by
 34        blood  or  marriage  within  the  second degree, to any clerkship, office,
 35        position, employment or duty, when the salary, wages, pay or  compensation
 36        of  such appointee is to be paid out of public funds or fees of office, or
 37        appoint or furnish employment to any person whose salary,  wages,  pay  or
 38        compensation  is to be paid out of public funds or fees of office, and who
 39        is related by either blood or marriage within the  second  degree  to  any
 40        other  public  servant  when  such appointment is made on the agreement or
 41        promise of such other public  servant  or  any  other  public  servant  to
 42        appoint  or  furnish employment to anyone so related to the public servant
 43        making or voting for such appointment. Any public servant who pays out  of
                                                                        
                                           2
                                                                        
  1        any  public funds under his control or who draws or authorizes the drawing
  2        of any warrant or authority for the payment out of any public fund of  the
  3        salary, wages, pay, or compensation of any such ineligible person, knowing
  4        him  to be ineligible, is guilty of a misdemeanor and shall be punished as
  5        provided in this chapter.
  6        (2)  No person related to any member of the legislature by blood  or  mar-
  7    riage  within  the  second degree shall be appointed to any clerkship, office,
  8    position, employment or duty within the legislative branch  of  government  or
  9    otherwise be employed by the legislative branch of government when the salary,
 10    wages,  pay or compensation of such appointee or employee is to be paid out of
 11    public funds.
 12        (3)  No person related to member of a mayor or member of a city council by
 13    blood or marriage within  the  second  degree  council's  household  shall  be
 14    appointed  to  any  clerkship,  office,  position, employment or duty with the
 15    mayor's or city council's city when the salary, wages, pay or compensation  of
 16    such appointee or employee is to be paid out of public funds.
 17        (4)  No person related to member of a county commissioner by blood or mar-
 18    riage  within the second degree commissioner's household shall be appointed to
 19    any clerkship, office, position, employment or duty  with  the  commissioner's
 20    county  when  the  salary,  wages,  pay  or  compensation of such appointee or
 21    employee is to be paid out of public funds.
 22        (5)  (a) An employee of a governmental entity holding a position prior  to
 23        the  election  of  a  local government official, who is related within the
 24        second degree a member of the official's household, shall be  entitled  to
 25        retain  his  or  her  position  and  receive  general  pay increases, step
 26        increases, cost  of  living  increases,  and/or  other  across  the  board
 27        increases in salary, benefits and bonuses.
 28        (b)  Nothing  in  this section shall be construed as creating any property
 29        rights in the position held by an employee subject to  this  section,  and
 30        all authority in regard to disciplinary action, transfer, dismissal, demo-
 31        tion or termination shall continue to apply to the employee.
 32        (6)  The prohibitions contained within this section shall not include con-
 33    duct defined by the provisions of section 59-703(4), Idaho Code.
 34        (7)  The prohibitions within this section and section 18-1356, Idaho Code,
 35    as  it applies to part-time public servants, does do not include those actions
 36    or conduct involving the public servant's business, profession  or  occupation
 37    and  unrelated to the public servant's official conduct, and does do not apply
 38    to a pecuniary benefit received in the normal course of a  legislator's  busi-
 39    ness,  profession  or  occupation and unrelated to any bill, legislation, pro-
 40    ceeding or official transaction.
 41        (8)  "Member of a household" means the spouse and/or dependent children of
 42    the public official and/or persons whom the public official is  legally  obli-
 43    gated to support.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Burkett             
                                                                        
                                                     Seconded by Darrington          
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 586
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 14 through 43; and delete page
  3    2 and insert:
  4        "18-1359.  USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No public  servant
  5    shall:
  6        (a)  Without  the  specific  authorization  of the governmental entity for
  7        which he serves, use public funds or property to obtain a pecuniary  bene-
  8        fit for himself.
  9        (b)  Solicit,  accept  or  receive a pecuniary benefit as payment for ser-
 10        vices, advice, assistance or conduct customarily exercised in  the  course
 11        of  his  official duties. This prohibition shall not include trivial bene-
 12        fits not to exceed a value of fifty dollars ($50.00)  incidental  to  per-
 13        sonal, professional or business contacts and involving no substantial risk
 14        of undermining official impartiality.
 15        (c)  Use  or  disclose confidential information gained in the course of or
 16        by reason of his official position or activities in any  manner  with  the
 17        intent  to  obtain  a pecuniary benefit for himself or any other person or
 18        entity in whose welfare he is interested or with the intent  to  harm  the
 19        governmental entity for which he serves.
 20        (d)  Be  interested  in any contract made by him in his official capacity,
 21        or by any body or board of which he is a member,  except  as  provided  in
 22        section 18-1361, Idaho Code.
 23        (e)  Appoint  or  vote for the appointment of any person related to him by
 24        blood or marriage within the second  degree,  to  any  clerkship,  office,
 25        position,  employment or duty, when the salary, wages, pay or compensation
 26        of such appointee is to be paid out of public funds or fees of office,  or
 27        appoint  or  furnish  employment to any person whose salary, wages, pay or
 28        compensation is to be paid out of public funds or fees of office, and  who
 29        is  related  by  either  blood or marriage within the second degree to any
 30        other public servant when such appointment is made  on  the  agreement  or
 31        promise  of  such  other  public  servant  or  any other public servant to
 32        appoint or furnish employment to anyone so related to the  public  servant
 33        making  or voting for such appointment. Any public servant who pays out of
 34        any public funds under his control or who draws or authorizes the  drawing
 35        of  any warrant or authority for the payment out of any public fund of the
 36        salary, wages, pay, or compensation of any such ineligible person, knowing
 37        him to be ineligible, is guilty of a misdemeanor and shall be punished  as
 38        provided in this chapter.
 39        (2)  No  person  related to any member of the legislature by blood or mar-
 40    riage within the second degree shall be appointed to  any  clerkship,  office,
 41    position,  employment  or  duty within the legislative branch of government or
 42    otherwise be employed by the legislative branch of government when the salary,
 43    wages, pay or compensation of such appointee or employee is to be paid out  of
 44    public funds.
                                                                        
                                          2
                                                                        
  1        (3)  No  person related to a mayor or member of a city council by blood or
  2    marriage within the second degree shall be appointed to any clerkship, office,
  3    position, employment or duty with the mayor's or city council's city when  the
  4    salary, wages, pay or compensation of such appointee or employee is to be paid
  5    out of public funds.
  6        (4)  No  person  related  to  a  county  commissioner by blood or marriage
  7    within the second degree shall be appointed to any  clerkship,  office,  posi-
  8    tion,  employment  or  duty  with  the  commissioner's county when the salary,
  9    wages, pay or compensation of such appointee or employee is to be paid out  of
 10    public funds.
 11        (5)  (a) An  employee of a governmental entity holding a position prior to
 12        the election of a local government official, who  is  related  within  the
 13        second degree, shall be entitled to retain his or her position and receive
 14        general  pay  increases,  step increases, cost of living increases, and/or
 15        other across the board  increases in salary or merit  increases,  benefits
 16        and bonuses or promotions.
 17        (b)  Nothing  in  this section shall be construed as creating any property
 18        rights in the position held by an employee subject to  this  section,  and
 19        all authority in regard to disciplinary action, transfer, dismissal, demo-
 20        tion or termination shall continue to apply to the employee.
 21        (6)  The prohibitions contained within this section shall not include con-
 22    duct defined by the provisions of section 59-703(4), Idaho Code.
 23        (7)  The prohibitions within this section and section 18-1356, Idaho Code,
 24    as  it applies to part-time public servants, does do not include those actions
 25    or conduct involving the public servant's business, profession  or  occupation
 26    and  unrelated to the public servant's official conduct, and does do not apply
 27    to a pecuniary benefit received in the normal course of a  legislator's  busi-
 28    ness,  profession  or  occupation and unrelated to any bill, legislation, pro-
 29    ceeding or official transaction.".
                                                                        
 30                                 CORRECTION TO TITLE
 31        On page 1, delete lines 3 through 10 and insert:  "IDAHO  CODE,  TO  ALLOW
 32    MERIT  INCREASES OR PROMOTIONS TO AN EMPLOYEE OF A GOVERNMENTAL ENTITY HOLDING
 33    A POSITION PRIOR TO THE ELECTION OF A LOCAL GOVERNMENT OFFICIAL WHO IS RELATED
 34    WITHIN THE SECOND DEGREE AND TO MAKE TECHNICAL CORRECTIONS.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 586, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USING PUBLIC POSITION FOR PERSONAL GAIN; AMENDING SECTION 18-1359,
  3        IDAHO CODE, TO ALLOW MERIT INCREASES OR PROMOTIONS TO  AN  EMPLOYEE  OF  A
  4        GOVERNMENTAL  ENTITY  HOLDING  A POSITION PRIOR TO THE ELECTION OF A LOCAL
  5        GOVERNMENT OFFICIAL WHO IS RELATED WITHIN THE SECOND DEGREE  AND  TO  MAKE
  6        TECHNICAL CORRECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 18-1359, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-1359.  USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No  public  servant
 11    shall:
 12        (a)  Without  the  specific  authorization  of the governmental entity for
 13        which he serves, use public funds or property to obtain a pecuniary  bene-
 14        fit for himself.
 15        (b)  Solicit,  accept  or  receive a pecuniary benefit as payment for ser-
 16        vices, advice, assistance or conduct customarily exercised in  the  course
 17        of  his  official duties. This prohibition shall not include trivial bene-
 18        fits not to exceed a value of fifty dollars ($50.00)  incidental  to  per-
 19        sonal, professional or business contacts and involving no substantial risk
 20        of undermining official impartiality.
 21        (c)  Use  or  disclose confidential information gained in the course of or
 22        by reason of his official position or activities in any  manner  with  the
 23        intent  to  obtain  a pecuniary benefit for himself or any other person or
 24        entity in whose welfare he is interested or with the intent  to  harm  the
 25        governmental entity for which he serves.
 26        (d)  Be  interested  in any contract made by him in his official capacity,
 27        or by any body or board of which he is a member,  except  as  provided  in
 28        section 18-1361, Idaho Code.
 29        (e)  Appoint  or  vote for the appointment of any person related to him by
 30        blood or marriage within the second  degree,  to  any  clerkship,  office,
 31        position,  employment or duty, when the salary, wages, pay or compensation
 32        of such appointee is to be paid out of public funds or fees of office,  or
 33        appoint  or  furnish  employment to any person whose salary, wages, pay or
 34        compensation is to be paid out of public funds or fees of office, and  who
 35        is  related  by  either  blood or marriage within the second degree to any
 36        other public servant when such appointment is made  on  the  agreement  or
 37        promise  of  such  other  public  servant  or  any other public servant to
 38        appoint or furnish employment to anyone so related to the  public  servant
 39        making  or voting for such appointment. Any public servant who pays out of
 40        any public funds under his control or who draws or authorizes the  drawing
 41        of  any warrant or authority for the payment out of any public fund of the
 42        salary, wages, pay, or compensation of any such ineligible person, knowing
 43        him to be ineligible, is guilty of a misdemeanor and shall be punished  as
                                                                        
                                           2
                                                                        
  1        provided in this chapter.
  2        (2)  No  person  related to any member of the legislature by blood or mar-
  3    riage within the second degree shall be appointed to  any  clerkship,  office,
  4    position,  employment  or  duty within the legislative branch of government or
  5    otherwise be employed by the legislative branch of government when the salary,
  6    wages, pay or compensation of such appointee or employee is to be paid out  of
  7    public funds.
  8        (3)  No  person related to a mayor or member of a city council by blood or
  9    marriage within the second degree shall be appointed to any clerkship, office,
 10    position, employment or duty with the mayor's or city council's city when  the
 11    salary, wages, pay or compensation of such appointee or employee is to be paid
 12    out of public funds.
 13        (4)  No  person  related  to  a  county  commissioner by blood or marriage
 14    within the second degree shall be appointed to any  clerkship,  office,  posi-
 15    tion,  employment  or  duty  with  the  commissioner's county when the salary,
 16    wages, pay or compensation of such appointee or employee is to be paid out  of
 17    public funds.
 18        (5)  (a) An  employee of a governmental entity holding a position prior to
 19        the election of a local government official, who  is  related  within  the
 20        second degree, shall be entitled to retain his or her position and receive
 21        general  pay  increases,  step increases, cost of living increases, and/or
 22        other across the board  increases in salary or merit  increases,  benefits
 23        and bonuses or promotions.
 24        (b)  Nothing  in  this section shall be construed as creating any property
 25        rights in the position held by an employee subject to  this  section,  and
 26        all authority in regard to disciplinary action, transfer, dismissal, demo-
 27        tion or termination shall continue to apply to the employee.
 28        (6)  The prohibitions contained within this section shall not include con-
 29    duct defined by the provisions of section 59-703(4), Idaho Code.
 30        (7)  The prohibitions within this section and section 18-1356, Idaho Code,
 31    as  it applies to part-time public servants, does do not include those actions
 32    or conduct involving the public servant's business, profession  or  occupation
 33    and  unrelated to the public servant's official conduct, and does do not apply
 34    to a pecuniary benefit received in the normal course of a  legislator's  busi-
 35    ness,  profession  or  occupation and unrelated to any bill, legislation, pro-
 36    ceeding or official transaction.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                           RS13704
                                
This bill is designed to amend the Idaho criminal
statute dealing with nepotism to reflect the legislative
intent contained in the Ethics in Government Act. Under the
current law, it would be a criminal offense to give a merit
raise or promotion to any person working for a county or city
where that person has a relative by blood or marriage to the
second degree acting as a city councilperson or mayor or
county commissioner. For all practical purposes, the county
or city worker is frozen in his or her career until the
relative leaves office. This bill adopts the language of the
Ethics in Government Act, which only applies to the
dependants or spouse of the elected official. In other words,
only spouses or dependants will have their careers frozen
during the elected official s tenure in office.
  
  
  
  
  
  
  
  
  
  
  
                        FISCAL IMPACT
                                
This bill has no impact on the state general fund.
  
  
  
CONTACT:  Idaho Sheriff s Association, Michael J. Kane
Phone: 342 4545
  
STATEMENT OF PURPOSE/FISCAL NOTE                H 586