2005 Legislation
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SENATE BILL NO. 1044 – Public contracts, public employees

SENATE BILL NO. 1044

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Bill Status



S1044aa........................................................by SCHROEDER
PUBLIC CONTRACTS - Amends and adds to existing law relating to public
contracts to prohibit public servants and public officers from engaging in
certain acts; to specify the penalties for violations; and to clarify that
designated penalties apply unless otherwise provided.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to St Aff
03/03    Rpt out - to 14th Ord
03/04    Rpt out amen - to engros
03/07    Rpt engros - 1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 30-0-4, 1 vacancy
      AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
      McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet,
      Werk
      NAYS -- None
      Absent and excused -- Andreason, Hill, Pearce, Williams, (District 21
      seat vacant)
    Floor Sponsor - Schroeder
    Title apvd - to House
03/11    House intro - 1st rdg - to St Aff
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 57-2-11
      AYES -- Anderson, Andrus, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23),
      Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle,
      Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rydalch,
      Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
      NAYS -- Barraclough, Nielsen
      Absent and excused -- Black, Crow, Deal, Eskridge, Harwood, Lake,
      Mitchell, Ring, Rusche, Schaefer, Wills
    Floor Sponsor - Smylie
    Title apvd - to Senate
03/22    To enrol
03/23    Rpt enrol - Pres signed
03/24    Sp signed
03/25    To Governor
03/31    Governor signed
         Session Law Chapter 214
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1044
                                                                        
                                        BY SCHROEDER
                                                                        
  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; AMENDING CHAPTER 2, TITLE 59, IDAHO CODE, BY THE
  5        ADDITION OF A NEW SECTION 59-210, IDAHO CODE, TO PROHIBIT PUBLIC  OFFICERS
  6        FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE PENALTIES FOR VIOLATIONS;
  7        AND AMENDING SECTION 59-208, IDAHO CODE, TO CLARIFY THAT DESIGNATED PENAL-
  8        TIES APPLY UNLESS OTHERWISE PROVIDED.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-1359, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-1359.  USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No  public  servant
 13    shall:
 14        (a)  Without  the  specific  authorization  of the governmental entity for
 15        which he serves, use public funds or property to obtain a pecuniary  bene-
 16        fit for himself.
 17        (b)  Solicit,  accept  or  receive a pecuniary benefit as payment for ser-
 18        vices, advice, assistance or conduct customarily exercised in  the  course
 19        of  his  official duties. This prohibition shall not include trivial bene-
 20        fits not to exceed a value of fifty dollars ($50.00)  incidental  to  per-
 21        sonal, professional or business contacts and involving no substantial risk
 22        of undermining official impartiality.
 23        (c)  Use  or  disclose confidential information gained in the course of or
 24        by reason of his official position or activities in any  manner  with  the
 25        intent  to  obtain  a pecuniary benefit for himself or any other person or
 26        entity in whose welfare he is interested or with the intent  to  harm  the
 27        governmental entity for which he serves.
 28        (d)  Be  interested  in any contract made by him in his official capacity,
 29        or by any body or board of which he is a member,  except  as  provided  in
 30        section 18-1361, Idaho Code.
 31        (e)  Appoint  or  vote for the appointment of any person related to him by
 32        blood or marriage within the second  degree,  to  any  clerkship,  office,
 33        position,  employment or duty, when the salary, wages, pay or compensation
 34        of such appointee is to be paid out of public funds or fees of office,  or
 35        appoint  or  furnish  employment to any person whose salary, wages, pay or
 36        compensation is to be paid out of public funds or fees of office, and  who
 37        is  related  by  either  blood or marriage within the second degree to any
 38        other public servant when such appointment is made  on  the  agreement  or
 39        promise  of  such  other  public  servant  or  any other public servant to
 40        appoint or furnish employment to anyone so related to the  public  servant
 41        making  or voting for such appointment. Any public servant who pays out of
 42        any public funds under his control or who draws or authorizes the  drawing
 43        of  any warrant or authority for the payment out of any public fund of the
                                                                        
                                           2
                                                                        
  1        salary, wages, pay, or compensation of any such ineligible person, knowing
  2        him to be ineligible, is guilty of a misdemeanor and shall be punished  as
  3        provided in this chapter.
  4        (f)  Commit  any act prohibited of members of the legislature or any offi-
  5        cer or employee of any branch of the state government by section  67-5726,
  6        Idaho  Code,  violations of which  are subject to penalties as provided in
  7        section 67-5734, Idaho Code, which  prohibition  and  penalties  shall  be
  8        deemed to extend to all public servants pursuant to the provisions of this
  9        section.
 10        (2)  No  person  related to any member of the legislature by blood or mar-
 11    riage within the second degree shall be appointed to  any  clerkship,  office,
 12    position,  employment  or  duty within the legislative branch of government or
 13    otherwise be employed by the legislative branch of government when the salary,
 14    wages, pay or compensation of such appointee or employee is to be paid out  of
 15    public funds.
 16        (3)  No  person related to a mayor or member of a city council by blood or
 17    marriage within the second degree shall be appointed to any clerkship, office,
 18    position, employment or duty with the mayor's or city council's city when  the
 19    salary, wages, pay or compensation of such appointee or employee is to be paid
 20    out of public funds.
 21        (4)  No  person  related  to  a  county  commissioner by blood or marriage
 22    within the second degree shall be appointed to any  clerkship,  office,  posi-
 23    tion,  employment  or  duty  with  the  commissioner's county when the salary,
 24    wages, pay or compensation of such appointee or employee is to be paid out  of
 25    public funds.
 26        (5)  (a) An  employee of a governmental entity holding a position prior to
 27        the election of a local government official, who  is  related  within  the
 28        second degree, shall be entitled to retain his or her position and receive
 29        general  pay  increases,  step increases, cost of living increases, and/or
 30        other across the board  increases in salary or merit  increases,  benefits
 31        and bonuses or promotions.
 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, do 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 do 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.  VIOLATION RELATING TO PUBLIC CONTRACTS. Officers shall not commit
 49    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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Schroeder           
                                                                        
                                                     Seconded by Little              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1044
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, in line  4,  delete  "Commit"  and  insert:
  3    "Unless specifically authorized by another provision of law, commit".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1044, As Amended
                                                                        
                                        BY SCHROEDER
                                                                        
  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; AMENDING CHAPTER 2, TITLE 59, IDAHO CODE, BY THE
  5        ADDITION OF A NEW SECTION 59-210, IDAHO CODE, TO PROHIBIT PUBLIC  OFFICERS
  6        FROM ENGAGING IN CERTAIN ACTS AND TO SPECIFY THE PENALTIES FOR VIOLATIONS;
  7        AND AMENDING SECTION 59-208, IDAHO CODE, TO CLARIFY THAT DESIGNATED PENAL-
  8        TIES APPLY UNLESS OTHERWISE PROVIDED.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-1359, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-1359.  USING PUBLIC POSITION FOR PERSONAL GAIN. (1) No  public  servant
 13    shall:
 14        (a)  Without  the  specific  authorization  of the governmental entity for
 15        which he serves, use public funds or property to obtain a pecuniary  bene-
 16        fit for himself.
 17        (b)  Solicit,  accept  or  receive a pecuniary benefit as payment for ser-
 18        vices, advice, assistance or conduct customarily exercised in  the  course
 19        of  his  official duties. This prohibition shall not include trivial bene-
 20        fits not to exceed a value of fifty dollars ($50.00)  incidental  to  per-
 21        sonal, professional or business contacts and involving no substantial risk
 22        of undermining official impartiality.
 23        (c)  Use  or  disclose confidential information gained in the course of or
 24        by reason of his official position or activities in any  manner  with  the
 25        intent  to  obtain  a pecuniary benefit for himself or any other person or
 26        entity in whose welfare he is interested or with the intent  to  harm  the
 27        governmental entity for which he serves.
 28        (d)  Be  interested  in any contract made by him in his official capacity,
 29        or by any body or board of which he is a member,  except  as  provided  in
 30        section 18-1361, Idaho Code.
 31        (e)  Appoint  or  vote for the appointment of any person related to him by
 32        blood or marriage within the second  degree,  to  any  clerkship,  office,
 33        position,  employment or duty, when the salary, wages, pay or compensation
 34        of such appointee is to be paid out of public funds or fees of office,  or
 35        appoint  or  furnish  employment to any person whose salary, wages, pay or
 36        compensation is to be paid out of public funds or fees of office, and  who
 37        is  related  by  either  blood or marriage within the second degree to any
 38        other public servant when such appointment is made  on  the  agreement  or
 39        promise  of  such  other  public  servant  or  any other public servant to
 40        appoint or furnish employment to anyone so related to the  public  servant
 41        making  or voting for such appointment. Any public servant who pays out of
 42        any public funds under his control or who draws or authorizes the  drawing
 43        of  any warrant or authority for the payment out of any public fund of the
                                                                        
                                           2
                                                                        
  1        salary, wages, pay, or compensation of any such ineligible person, knowing
  2        him to be ineligible, is guilty of a misdemeanor and shall be punished  as
  3        provided in this chapter.
  4        (f)  Unless  specifically  authorized  by another provision of law, commit
  5        any act prohibited of  members  of  the  legislature  or  any  officer  or
  6        employee  of  any branch of the state government by section 67-5726, Idaho
  7        Code, violations of which  are subject to penalties as provided in section
  8        67-5734, Idaho Code, which prohibition and penalties shall  be  deemed  to
  9        extend to all public servants pursuant to the provisions of this section.
 10        (2)  No  person  related to any member of the legislature by blood or mar-
 11    riage within the second degree shall be appointed to  any  clerkship,  office,
 12    position,  employment  or  duty within the legislative branch of government or
 13    otherwise be employed by the legislative branch of government when the salary,
 14    wages, pay or compensation of such appointee or employee is to be paid out  of
 15    public funds.
 16        (3)  No  person related to a mayor or member of a city council by blood or
 17    marriage within the second degree shall be appointed to any clerkship, office,
 18    position, employment or duty with the mayor's or city council's city when  the
 19    salary, wages, pay or compensation of such appointee or employee is to be paid
 20    out of public funds.
 21        (4)  No  person  related  to  a  county  commissioner by blood or marriage
 22    within the second degree shall be appointed to any  clerkship,  office,  posi-
 23    tion,  employment  or  duty  with  the  commissioner's county when the salary,
 24    wages, pay or compensation of such appointee or employee is to be paid out  of
 25    public funds.
 26        (5)  (a) An  employee of a governmental entity holding a position prior to
 27        the election of a local government official, who  is  related  within  the
 28        second degree, shall be entitled to retain his or her position and receive
 29        general  pay  increases,  step increases, cost of living increases, and/or
 30        other across the board  increases in salary or merit  increases,  benefits
 31        and bonuses or promotions.
 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, do 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 do 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.  VIOLATION RELATING TO PUBLIC CONTRACTS. Officers shall not commit
 49    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.

Statement of Purpose / Fiscal Impact


                              STATEMENT OF PURPOSE
                                    RS 14685

 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 of 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:

Senator Gary J. Schroeder
Phone:  208-334-1324                                                 S 1044