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S1012..........................................................by SCHROEDER
POST-PUBLIC EMPLOYMENT - Adds to existing law to provide the "Post-Public
Employment or Service Conflict of Interest Act"; and to provide criminal
penalties for violation of the act.
01/14 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1012
BY SCHROEDER
1 AN ACT
2 RELATING TO PUBLIC EMPLOYEES AND CONFLICTS OF INTEREST; AMENDING CHAPTER 13,
3 TITLE 18, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 18-1361, 18-1362,
4 18-1363, 18-1364, 18-1365 AND 18-1366, IDAHO CODE, TO PROVIDE A SHORT
5 TITLE, TO PROVIDE APPLICATION, TO DEFINE TERMS, TO PROVIDE PROHIBITED
6 ACTS, TO PROVIDE REMEDIES AND TO PROVIDE PENALTIES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 13, Title 18, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
10 nated as Sections 18-1361, 18-1362, 18-1363, 18-1364, 18-1365 and 18-1366,
11 Idaho Code, and to read as follows:
12 18-1361. SHORT TITLE. Sections 18-1361 through 18-1366, Idaho Code, shall
13 be known and may be designated as the "Post-Public Employment or Service Con-
14 flict of Interest Act."
15 18-1362. APPLICATION OF THIS ACT. (1) Sections 18-1361 through 18-1366,
16 Idaho Code, shall apply to all public officers and employees of the state or
17 political subdivisions of the state and to any of the state's or a political
18 subdivision's departments, commissions, agencies, institutions or boards dur-
19 ing their tenure of employment or service and for designated periods following
20 termination.
21 (2) Other prohibitions in state statutes against any specific conflict of
22 interest shall be in addition to this act if consistent with the intent and
23 provisions of this act.
24 18-1363. DEFINITIONS. As used in this act:
25 (1) "Benefit" means gain, or advantage, or anything regarded by the bene-
26 ficiary as gain or advantage, including benefit to any other person or entity
27 in whose welfare he is interested.
28 (2) "Employee" means all persons who are not public officers and who are
29 employed on a full, part-time or contract basis by the state, any of its
30 departments, commissions, agencies, institutions or boards or by a political
31 subdivision of the state or any of its departments, commissions, agencies,
32 institutions or boards.
33 (3) "Pecuniary" means a benefit in the form of money, property, commer-
34 cial interests or anything else the primary significance of which is economic
35 gain.
36 (4) "Public agency" means any department, political subdivision, board,
37 commission, institution, instrumentality, legislative or administrative body.
38 (5) "Public officer" means all appointed officers of a public agency
39 established by charter, ordinance, resolution, executive order, state consti-
40 tution or statute.
2
1 18-1364. PROHIBITED ACTS. (1) No public officer or employee may represent
2 another person for benefit, pecuniary or otherwise, before a public agency by
3 which he is or was employed or for which he served within the preceding twelve
4 (12) months concerning any matter with which that officer or employee was
5 directly concerned and in which he personally participated during his employ-
6 ment or service by a substantial and material exercise of administrative dis-
7 cretion.
8 (2) During the period of his employment or service and for two (2) years
9 thereafter, no public officer or employee may disclose or use for his benefit,
10 pecuniary or otherwise, without appropriate authorization, any information
11 acquired by him in the course of his official duties which has been clearly
12 designated to him as confidential, when such confidential designation is war-
13 ranted because of the status of the proceedings or the circumstances under
14 which the information was received and when preserving its confidentiality is
15 necessary to the proper conduct of government business.
16 18-1365. REMEDIES. (1) In addition to any other remedies provided by law,
17 any contract entered into by a public agency in violation of this act is void-
18 able at the insistence of the public agency.
19 (2) Any person affected by a decision of a public agency may commence a
20 civil suit in district court in the county or counties in which the public
21 agency has its principal office for the purpose of enforcing the civil provi-
22 sions of this act. The court may order such equitable relief as it deems
23 appropriate in the circumstances, including the remedies provided in this sec-
24 tion.
25 (3) The court may, in its discretion, order payment of costs, including
26 reasonable attorney's fees, to the prevailing party in an action brought under
27 subsection (2) of this section.
28 18-1366. PENALTIES. Any person who violates any provision of sections
29 18-1361 through 18-1365, Idaho Code, shall be guilty of a misdemeanor and,
30 upon conviction, shall be punished by imprisonment not exceeding six (6)
31 months, or by a fine not exceeding five thousand dollars ($5,000), or both.
STATEMENT OF PURPOSE
RS 14566
Amends Chapter 13, Title 18, Idaho Code, by the addition of new
sections to provide that public officers and emplyees in Idaho
shall not represent another person for benefit, pecuniary or
otherwise, before a public agency by which they were employed or
are employed, in any matter in which that officer or employee was
or is directly connected and personally participated, while in
office and for a period of one year after they have left office.
This Act also protects public confidential information for a period
of two years.
FISCAL IMPACT
There will no fiscal impact connected with this legislation unless
person(s) would need to be prosecuted. Some savings may be
anticipated because of the disincentive provided to not entangle
the State in questionable programs promoted by nonpublic entities.
Contact:
Senator Gary J. Schroeder
332-1324
S 1012