2008 Legislation
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SENATE BILL NO. 1303<br /> – Public official, former, lobbying

SENATE BILL NO. 1303

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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 / Fiscal Impact



                       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