View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] 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 tionsGovernment officials and public servants. No public servant, having any20 discretionary function to perform in connection with contracts, purchases,21 payments, claims or other pecuniary transactions of the governmentincluding 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 suchgovernment 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 transactionfrom 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 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