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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
]]]] 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.
]]]] 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.".
]]]] 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
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