2005 Legislation
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SENATE BILL NO. 1012 – Post-public employmnt/conflicts


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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.
  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 / Fiscal Impact

                     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.


Senator Gary J. Schroeder
                                                       S 1012