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H0813......................................................by STATE AFFAIRS LEGISLATIVE OFFICIALS - GIFTS - Amends existing law relating to bribery and corrupt influence to revise the definition for "pecuniary benefit"; to revise the prohibition on improper gifts applicable to legislative officials; and to set forth additional exceptions. 03/04 House intro - 1st rdg - to printing 03/05 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 813 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BRIBERY AND CORRUPT INFLUENCE; AMENDING SECTION 18-1351, IDAHO 3 CODE, TO REVISE THE DEFINITION FOR "PECUNIARY BENEFIT"; AND AMENDING SEC- 4 TION 18-1356, IDAHO CODE, TO REVISE THE PROHIBITION ON IMPROPER GIFTS 5 APPLICABLE TO LEGISLATIVE OFFICIALS, TO SET FORTH ADDITIONAL EXCEPTIONS 6 AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-1351, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-1351. BRIBERY AND CORRUPT PRACTICES -- DEFINITIONS. Unless a different 11 meaning plainly is required in this chapter: 12 (1) "Benefit" means gain or advantage, or anything regarded by the bene- 13 ficiary as gain or advantage, including benefit to any other person or entity 14 in whose welfare he is interested, but not an advantage promised generally to 15 a group or class of voters as a consequence of public measures which a candi- 16 date engages to support or oppose. 17 (2) "Confidential information" means knowledge gained through a public 18 office, official duty or employment by a governmental entity which is not sub- 19 ject to disclosure to the general public and which, if utilized in financial 20 transactions would provide the user with an advantage over those not having 21 such information or result in harm to the governmental entity from which it 22 was obtained. 23 (3) "Government" includes any branch, subdivision or agency of the gov- 24 ernment of the state or any locality within it and other political subdivi- 25 sions including, but not limited to, highway districts, planning and zoning 26 commissions and cemetery districts, and all other governmental districts, com- 27 missions or governmental bodies not specifically mentioned in this chapter. 28 (4) "Harm" means loss, disadvantage or injury, including loss, disadvan- 29 tage or injury to any other person or entity in whose welfare he is inter- 30 ested. 31 (5) "Official proceeding" means a proceeding heard or which may be heard 32 before any legislative, judicial, administrative or other governmental agency 33 or official authorized to take evidence under oath, including any referee, 34 hearing examiner, commissioner, notary or other person taking testimony or 35 deposition in connection with any such proceeding. 36 (6) "Party official" means a person who holds an elective or appointive 37 post in a political party in the United States by virtue of which he directs 38 or conducts, or participates in directing or conducting party affairs at any 39 level of responsibility. 40 (7) "Pecuniary benefit" is any benefit to a public official or member of 41 his household in the form of money, property or commercial interests , the pri-42 mary significance of which is economic gain. 43 (8) "Public servant" means any officer or employee of government, includ- 2 1 ing legislators and judges, and any person participating as juror, advisor, 2 consultant or otherwise, in performing a governmental function; but the term 3 does not include witnesses. 4 (9) "Administrative proceeding" means any proceeding, other than a judi- 5 cial proceeding, the outcome of which is required to be based on a record or 6 documentation prescribed by law, or in which law or regulation is 7 particularized in application to individuals. 8 SECTION 2. That Section 18-1356, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-1356. GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURISDIC- 11 TION. (1) Regulatory and law enforcement officials. No public servant in any 12 department or agency exercising regulatory functions, or conducting inspec- 13 tions or investigations, or carrying on civil or criminal litigation on behalf 14 of the government, or having custody of prisoners, shall solicit, accept or 15 agree to accept any pecuniary benefit from a person known to be subject to 16 such regulation, inspection, investigation or custody, or against whom such 17 litigation is known to be pending or contemplated. 18 (2) Officials concerned with government contracts and pecuniary transac- 19 tions. No public servant having any discretionary function to perform in con- 20 nection with contracts, purchases, payments, claims or other pecuniary trans- 21 actions of the government shall solicit, accept or agree to accept any pecuni- 22 ary benefit from any person known to be interested in or likely to become 23 interested in any such contract, purchase, payment, claim or transaction. 24 (3) Judicial and administrative officials. No public servant having judi- 25 cial or administrative authority and no public servant employed by or in a 26 court or other tribunal having such authority, or participating in the 27 enforcement of its decisions, shall solicit, accept or agree to accept any 28 pecuniary benefit from a person known to be interested in or likely to become 29 interested in any matter before such public servant or a tribunal with which 30 he is associated. 31 (4) Legislative officials. No legislator or public servant employed by 32 the legislature or by any committee or agency thereof shall solicit,knowingly 33 accept, take, seek or agree to accept any pecuniary benefit in return for34 action on a bill, legislation, proceeding or official transaction from any35 person known to be interested in a bill, legislation, official transaction or36 proceeding, pending or contemplated before the legislature or any committee or37 agency thereofsolicit, directly or indirectly, for himself or another a gift 38 of value or an economic benefit tantamount to a gift: 39 (a) That would tend improperly to influence a reasonable person in the 40 person's position to depart from the faithful and impartial discharge of 41 the person's public duties; 42 (b) That the person knows or that a reasonable person in that position 43 should know under the circumstances is primarily for the purpose of 44 rewarding that person for official action taken; or 45 (c) If he recently has been, is now, or in the near future may be 46 involved in any governmental action directly affecting the donor. 47 (5) Exceptions. This section shall not apply to: 48 (a) fFees prescribed by law to be received by a public servant, or any 49 other benefit for which the recipient gives legitimate consideration or to 50 which he is otherwise legally entitled; or 51 (b) gGifts or other benefits conferred on account of kinship or other 52 personal, professional or business relationship independent of the offi- 53 cial status of the receiver; or 3 1 (c) tTrivial benefits not to exceed a value of fifty dollars ($50.00) 2 incidental to personal, professional or business contacts and involving no 3 substantial risk of undermining official impartiality; or 4 (d) Regional tours created and sponsored by chambers of commerce that are 5 in good standing with the secretary of state, the primary purpose of such 6 tours being educational or informational for public officials; or 7 (e) Attendance at such events as are sponsored by a nonprofit corporation 8 in good standing pursuant to chapter 3, title 30, Idaho Code, the primary 9 purpose of which, as reflected in the nonprofit corporation's articles of 10 incorporation, is to provide scholarships to residents of Idaho for atten- 11 dance at Idaho colleges and universities. Any events attended pursuant to 12 this exception shall occur only within the state of Idaho. Officials 13 attending such events pursuant to this exception shall be permitted to 14 accept only reasonable costs of transportation, accommodations, meals, and 15 registration and participation fees. Receipt of any gift pursuant to this 16 section may not be in return for any act or activity otherwise prohibited 17 by this chapter; or 18 (f) Such other events as approved by the legislative leadership in con- 19 sultation, at their discretion, with appropriate legal counsel. 20 (6) Offering benefits prohibited. No person shall knowingly confer, or 21 offer or agree to confer, any benefit prohibited by the foregoing subsections. 22 (7) Grade of offense. An offense under this section is a misdemeanor and 23 shall be punished as provided in this chapter.
STATEMENT OF PURPOSE RS 14246 This legislation will amend section 18-1351, Idaho Code, to revise the definition for "pecuniary benefit"; and amend section 18-1356, Idaho Code, to revise the prohibition on improper gifts applicable to legislative officials, to set forth additional exceptions and to make technical corrections FISCAL IMPACT There is no fiscal impact to the general fund Contact Name: Rep. Wendy Jaquet Rep. John Campbell Phone: 208/332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 813