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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
]]]] 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.
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