View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1303..............................................................by KELLY LOBBYING - Adds to and amends existing law to provide a cooling-off period of one year under certain conditions for public officials when they leave public office; and to provide a civil penalty for violation of the cooling-off period. 01/18 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1303 BY KELLY 1 AN ACT 2 RELATING TO PUBLIC OFFICIALS; AMENDING CHAPTER 7, TITLE 59, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 59-704B, IDAHO CODE, TO PROVIDE A COOLING-OFF 4 PERIOD OF ONE YEAR UNDER CERTAIN CONDITIONS FOR PUBLIC OFFICIALS WHEN THEY 5 LEAVE PUBLIC OFFICE; AND AMENDING SECTION 59-705, IDAHO CODE, TO PROVIDE A 6 CIVIL PENALTY FOR VIOLATING THE COOLING-OFF PERIOD BY FORMER PUBLIC OFFI- 7 CIALS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 7, Title 59, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 59-704B, Idaho Code, and to read as follows: 12 59-704B. COOLING-OFF PERIOD. No public official shall, prior to or within 13 a period of one (1) year from the date of termination of his or her public 14 office, request or accept employment with, compensation for services from, or 15 economic gain from any business or any majority owner of such business, or 16 from any individual if the former public official, during the two (2) years 17 prior to the date of termination of his or her employment from public service 18 personally and directly participated in or advised a decision maker on a dis- 19 cretionary action affecting the negotiation, issuance or award on behalf of 20 the government entity of one (1) or more contract(s), lease(s) or other 21 agreement(s) awarded to that business or individual for services or property 22 having a total value of more than twenty-five thousand dollars ($25,000), 23 excluding contracts otherwise permitted in accordance with section 18-1361, 24 Idaho Code. 25 SECTION 2. That Section 59-705, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 59-705. CIVIL PENALTY. (1) Any public official who intentionally fails to 28 disclose a conflict of interest as provided for in section 59-704, Idaho Code, 29 or who violates the provisions of section 59-704B, Idaho Code, shall be 30 guilty of a civil offense, the penalty for which may be a fine not to exceed 31 five hundred dollars ($500), provided that the provisions of this subsection 32 shall not apply to any public official where the governmental entity on which 33 said official serves has put into operation an ethics commission or board 34 described in section 59-704(6), Idaho Code. 35 (2) The penalty prescribed in subsection (1) of this section does not 36 limit the power of either house of the legislature to discipline its own mem- 37 bers, nor limit the power of governmental entities, including occupational or 38 professional licensing bodies, to discipline their members or personnel. A 39 violation of the provisions of this chapter shall not preclude prosecution and 40 conviction for any criminal violation that may have been committed.
STATEMENT OF PURPOSE
RS 17632
This legislation puts in place a one year "cooling off"
period before a government officer or employee can go to work for
or receive other benefit from a person or business if the officer
or employee participated in the award of a large contract or
lease to that person or business in the two years before leaving
public service.
FISCAL IMPACT
None.
Contact
Name: Senator Kate Kelly Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1303