2004 Legislation
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SENATE BILL NO. 1309 – Public servants/certain acts/prohib

SENATE BILL NO. 1309

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Bill Status



S1309..........................................................by EDUCATION
PUBLIC SERVANTS - Adds to and amends existing law relating to public
contracts to prohibit public servants and officers from engaging in certain
acts; and to specify penalties for violations.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to St Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/27    3rd rdg
03/03    PASSED - 20-15-0
      AYES -- Andreason, Bunderson, Burkett, Calabretta, Cameron,
      Compton(Duncan), Darrington, Gannon, Ingram, Kennedy, Keough, Little,
      Malepeai, Marley, McWilliams, Noh, Schroeder, Stegner, Stennett, Werk
      NAYS -- Bailey, Brandt, Burtenshaw, Davis, Geddes, Goedde, Hill,
      Lodge, McKenzie, Noble(Anderson), Pearce, Richardson, Sorensen,
      Sweet, Williams
      Absent and excused -- None
    Floor Sponsor - Noh
    Title apvd - to House
03/04    House intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1309
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CONTRACTS; AMENDING SECTION 18-1359, IDAHO  CODE,  TO  PRO-
  3        HIBIT  PUBLIC  SERVANTS  FROM  ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE
  4        PENALTIES FOR VIOLATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP-
  5        TER 2, TITLE 59, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION  59-210,
  6        IDAHO  CODE, TO PROHIBIT PUBLIC OFFICERS FROM ENGAGING IN CERTAIN ACTS AND
  7        TO SPECIFY THE PENALTIES FOR  VIOLATIONS;  AND  AMENDING  SECTION  59-208,
  8        IDAHO  CODE,  TO  CLARIFY THAT DESIGNATED PENALTIES APPLY UNLESS OTHERWISE
  9        PROVIDED.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 18-1359, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        18-1359.  USING  PUBLIC  POSITION FOR PERSONAL GAIN. (1) No public servant
 14    shall:
 15        (a)  Without the specific authorization of  the  governmental  entity  for
 16        which  he serves, use public funds or property to obtain a pecuniary bene-
 17        fit for himself.
 18        (b)  Solicit, accept or receive a pecuniary benefit as  payment  for  ser-
 19        vices,  advice,  assistance or conduct customarily exercised in the course
 20        of his official duties. This prohibition shall not include  trivial  bene-
 21        fits  not  to  exceed a value of fifty dollars ($50.00) incidental to per-
 22        sonal, professional or business contacts and involving no substantial risk
 23        of undermining official impartiality.
 24        (c)  Use or disclose confidential information gained in the course  of  or
 25        by  reason  of  his official position or activities in any manner with the
 26        intent to obtain a pecuniary benefit for himself or any  other  person  or
 27        entity  in  whose  welfare he is interested or with the intent to harm the
 28        governmental entity for which he serves.
 29        (d)  Be interested in any contract made by him in his  official  capacity,
 30        or  by  any  body  or board of which he is a member, except as provided in
 31        section 18-1361, Idaho Code.
 32        (e)  Appoint or vote for the appointment of any person related to  him  by
 33        blood  or  marriage  within  the  second degree, to any clerkship, office,
 34        position, employment or duty, when the salary, wages, pay or  compensation
 35        of  such appointee is to be paid out of public funds or fees of office, or
 36        appoint or furnish employment to any person whose salary,  wages,  pay  or
 37        compensation  is to be paid out of public funds or fees of office, and who
 38        is related by either blood or marriage within the  second  degree  to  any
 39        other  public  servant  when  such appointment is made on the agreement or
 40        promise of such other public  servant  or  any  other  public  servant  to
 41        appoint  or  furnish employment to anyone so related to the public servant
 42        making or voting for such appointment. Any public servant who pays out  of
 43        any  public funds under his control or who draws or authorizes the drawing
                                                                        
                                           2
                                                                        
  1        of any warrant or authority for the payment out of any public fund of  the
  2        salary, wages, pay, or compensation of any such ineligible person, knowing
  3        him  to be ineligible, is guilty of a misdemeanor and shall be punished as
  4        provided in this chapter.
  5        (f)  Commit any act prohibited of members of the legislature or any  offi-
  6        cer  or employee of any branch of the state government by section 67-5726,
  7        Idaho Code, violations of which are subject to penalties  as  provided  in
  8        section  67-5734,  Idaho  Code,  which prohibitions and penalties shall be
  9        deemed to extend to all public servants pursuant to the provisions of this
 10        section.
 11        (2)  No person related to any member of the legislature by blood  or  mar-
 12    riage  within  the  second degree shall be appointed to any clerkship, office,
 13    position, employment or duty within the legislative branch  of  government  or
 14    otherwise be employed by the legislative branch of government when the salary,
 15    wages,  pay or compensation of such appointee or employee is to be paid out of
 16    public funds.
 17        (3)  No person related to a mayor or member of a city council by blood  or
 18    marriage within the second degree shall be appointed to any clerkship, office,
 19    position,  employment or duty with the mayor's or city council's city when the
 20    salary, wages, pay or compensation of such appointee or employee is to be paid
 21    out of public funds.
 22        (4)  No person related to a  county  commissioner  by  blood  or  marriage
 23    within  the  second  degree shall be appointed to any clerkship, office, posi-
 24    tion, employment or duty with  the  commissioner's  county  when  the  salary,
 25    wages,  pay or compensation of such appointee or employee is to be paid out of
 26    public funds.
 27        (5)  (a) An employee of a governmental entity holding a position prior  to
 28        the  election  of  a  local government official, who is related within the
 29        second degree, shall be entitled to retain his or her position and receive
 30        general pay increases, step increases, cost of  living  increases,  and/or
 31        other across the board increases in salary, benefits and bonuses.
 32        (b)  Nothing  in  this section shall be construed as creating any property
 33        rights in the position held by an employee subject to  this  section,  and
 34        all authority in regard to disciplinary action, transfer, dismissal, demo-
 35        tion or termination shall continue to apply to the employee.
 36        (6)  The prohibitions contained within this section shall not include con-
 37    duct defined by the provisions of section 59-703(4), Idaho Code.
 38        (7)  The prohibitions within this section and section 18-1356, Idaho Code,
 39    as  it applies to part-time public servants, does not include those actions or
 40    conduct involving the public servant's business, profession or occupation  and
 41    unrelated  to  the  public servant's official conduct, and does not apply to a
 42    pecuniary benefit received in the normal course of  a  legislator's  business,
 43    profession or occupation and unrelated to any bill, legislation, proceeding or
 44    official transaction.
                                                                        
 45        SECTION  2.  That  Chapter  2,  Title  59, Idaho Code, be, and the same is
 46    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 47    ignated as Section 59-210, Idaho Code, and to read as follows:
                                                                        
 48        59-210.  VIOLATIONS  RELATING TO PUBLIC CONTRACTS. Officers shall not com-
 49    mit any act prohibited by section 67-5726, Idaho Code, violations of which are
 50    subject to penalties as provided in section 67-5734,  Idaho  Code,  and  which
 51    prohibitions  and  penalties  shall be deemed to extend to all public officers
 52    governed by the provisions of this chapter.
                                                                        
                                           3
                                                                        
  1        SECTION 3.  That Section 59-208, Idaho Code, be, and the  same  is  hereby
  2    amended to read as follows:
                                                                        
  3        59-208.  VIOLATION.  A violation of the provisions of this chapter, unless
  4    otherwise provided, is a misdemeanor and shall  be  punished  by  a  fine  not
  5    exceeding  one  thousand dollars ($1,000), or incarceration in the county jail
  6    for a period not exceeding one (1) year, or by both such fine  and  incarcera-
  7    tion.

Statement of Purpose / Fiscal Impact


     REVISED   REVISED   REVISED   REVISED   REVISED   REVISED

                       STATEMENT OF PURPOSE
                             RS 13973

     It is a crime, under Idaho Code 67-5734, for an officer or
employee of state government to violate Idaho Code 67-5726 which
prohibits acts to influence or attempt to influence the award of
a contract to a particular vendor.  Additionally, no officer or
employee shall conspire with a vendor or its agent, and no vendor
or its agent shall conspire with an officer or employee to
influence or attempt to influence the award of a contract.  The
first is a misdemeanor; the second is a felony.
     Because this provision is in a different code section from
most other ethics in government provisions, it is easily
overlooked.
     This proposal references Idaho Code 67-5726 and Idaho Code
67-5734 into Title 18, where the general ethics in government
provisions are contained for the convenience and clarity of those
seeking guidance.  It also clarifies that the provisions of 67-
5726 and 67-5734 extend to local governments, as well as state
government.


                              FISCAL IMPACT                      
     None.

Contact
Name: Senator Laird Noh 
Phone: 332-1333



STATEMENT OF PURPOSE/FISCAL NOTE                      S 1309
   
REVISED   REVISED   REVISED   REVISED   REVISED   REVISE