2004 Legislation
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SENATE BILL NO. 1375 – Legislators/public servants, gifts

SENATE BILL NO. 1375

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Bill Status



S1375......................................................by STATE AFFAIRS
LEGISLATORS - PUBLIC SERVANTS - GIFTS - Amends existing law to prohibit
public servants from soliciting, accepting or agreeing to accept any
pecuniary benefit from certain persons; and to prohibit legislators or
public servants employed by the Legislature from soliciting, accepting or
agreeing to accept any pecuniary benefit from certain persons.
                                                                        
02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to St Aff
03/02    Rpt out - to 14th Ord

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1375
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BRIBERY AND CORRUPTION; AMENDING SECTION 18-1356, IDAHO  CODE,  TO
  3        PROHIBIT  PUBLIC SERVANTS FROM SOLICITING, ACCEPTING OR AGREEING TO ACCEPT
  4        ANY PECUNIARY BENEFIT FROM CERTAIN PERSONS, AND TO PROHIBIT LEGISLATORS OR
  5        PUBLIC SERVANTS EMPLOYED BY THE LEGISLATURE FROM SOLICITING, ACCEPTING  OR
  6        AGREEING TO ACCEPT ANY PECUNIARY BENEFIT FROM CERTAIN PERSONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  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  Government officials and public servants. No public servant, having any
 20    discretionary function to perform in  connection  with  contracts,  purchases,
 21    payments,  claims  or other pecuniary transactions of the government including
 22    government officials, shall solicit, accept or agree to accept  any  pecuniary
 23    benefit  from  any person known to be interested in or likely to become inter-
 24    ested in any such government contract, purchase, payment,  claim  or  transac-
 25    tion.
 26        (3)  Judicial and administrative officials. No public servant having judi-
 27    cial  or  administrative  authority  and no public servant employed by or in a
 28    court or other  tribunal  having  such  authority,  or  participating  in  the
 29    enforcement  of  its  decisions,  shall solicit, accept or agree to accept any
 30    pecuniary benefit from a person known to be interested in or likely to  become
 31    interested  in  any matter before such public servant or a tribunal with which
 32    he is associated.
 33        (4)  Legislative officials. No legislator or public  servant  employed  by
 34    the legislature or by any committee or agency thereof shall solicit, accept or
 35    agree to accept any pecuniary benefit in return for action on a bill, legisla-
 36    tion,  proceeding  or  official transaction from any person known to be inter-
 37    ested in a bill, legislation, official transaction or proceeding,  pending  or
 38    contemplated before the legislature or any committee or agency thereof.
 39        (5)  Exceptions. This section shall not apply to:
 40        (a)  fees  prescribed  by  law  to be received by a public servant, or any
 41        other benefit for which the recipient gives legitimate consideration or to
 42        which he is otherwise legally entitled; or
 43        (b)  gifts or other benefits conferred on account of kinship or other per-
                                                                        
                                           2
                                                                        
  1        sonal, professional or business relationship independent of  the  official
  2        status of the receiver; or
  3        (c)  trivial  benefits  not  to  exceed  a value of fifty dollars ($50.00)
  4        incidental to personal, professional or business contacts and involving no
  5        substantial risk of undermining official impartiality.
  6        (6)  Offering benefits prohibited. No person shall  knowingly  confer,  or
  7    offer or agree to confer, any benefit prohibited by the foregoing subsections.
  8        (7)  Grade  of offense. An offense under this section is a misdemeanor and
  9    shall be punished as provided in this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13969C1


     The purpose of this legislation is to clarify the
prohibition on giving and accepting gifts to/by government
officials, including state legislators.

     Under current law, a public servant must have a
discretionary function to perform in connection with contracts,
purchases, payments, claims or other pecuniary transactions of
the government in order to convict for accepting gifts.  For
example, a mayor may accept a large gift from a company
attempting to secure a contract with the city and will not be
convicted of accepting a gift because it is the city council that
performs the ultimate discretionary function.  This legislation
clarifies the language and provides that it is wrong for any
government official or public servant to accept gifts from
someone wanting to do business with the government entity.

     Currently, state legislators are prohibited from accepting
gifts, in return for action on a bill, legislation, proceeding or
official transaction.  This is an impossible standard to prove. 
State legislators should set an example and be beyond reproach
and not present the appearance of a conflict.  This legislation
would simply prohibit a state legislator from accepting a gift
from someone known to have an interest in legislation proceeding
or other official transaction.


                          FISCAL IMPACT
     No fiscal impact.


Contact
Name:     Senator Cecil Ingram 
Phone:    332-1315


STATEMENT OF PURPOSE/FISCAL NOTE                     S 1375