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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
686
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
BRIBERY
AND
CORRUPTION;
AMENDING
SECTION
18
-
1359,
IDAHO
CODE,
TO
2
REVISE
A
PROVISION
REGARDING
EMPLOYMENT
OF
RELATIVES
AND
TO
PROVIDE
AN
3
EXEMPTION
REGARDING
THE
EMPLOYMENT
OF
CERTAIN
RELATIVES;
AND
DECLARING
4
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
18
-
1359,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
18
-
1359.
USING
PUBLIC
POSITION
FOR
PERSONAL
GAIN.
(1)
No
public
ser
-
9
vant
shall:
10
(a)
Without
the
specific
authorization
of
the
governmental
entity
for
1
1
which
he
serves,
use
public
funds
or
property
to
obtain
a
pecuniary
ben
-
12
efit
for
himself.
13
(b)
Solicit,
accept
or
receive
a
pecuniary
benefit
as
payment
for
14
services,
advice,
assistance
or
conduct
customarily
exercised
in
the
15
course
of
his
official
duties.
This
prohibition
shall
not
include
triv
-
16
ial
benefits
not
to
exceed
a
value
of
fifty
dollars
($50.00)
incidental
17
to
personal,
professional
or
business
contacts
and
involving
no
sub
-
18
stantial
risk
of
undermining
official
impartiality.
19
(c)
Use
or
disclose
confidential
information
gained
in
the
course
of
or
20
by
reason
of
his
official
position
or
activities
in
any
manner
with
the
21
intent
to
obtain
a
pecuniary
benefit
for
himself
or
any
other
person
or
22
entity
in
whose
welfare
he
is
interested
or
with
the
intent
to
harm
the
23
governmental
entity
for
which
he
serves.
24
(d)
Be
interested
in
any
contract
made
by
him
in
his
official
capacity,
25
or
by
any
body
or
board
of
which
he
is
a
member,
except
as
provided
in
26
section
18
-
1361,
Idaho
Code.
27
(e)
Appoint
or
vote
for
the
appointment
of
any
person
related
to
him
by
28
blood
or
marriage
within
the
second
degree
to
any
clerkship,
office,
po
-
29
sition,
employment
or
duty,
when
the
salary,
wages,
pay
or
compensation
30
of
such
appointee
is
to
be
paid
out
of
public
funds
or
fees
of
office,
31
or
appoint
or
furnish
employment
to
any
person
whose
salary,
wages,
pay
32
or
compensation
is
to
be
paid
out
of
public
funds
or
fees
of
office,
and
33
who
is
related
by
either
blood
or
marriage
within
the
second
degree
to
34
any
other
public
servant
when
such
appointment
is
made
on
the
agreement
35
or
promise
of
such
other
public
servant
or
any
other
public
servant
to
36
appoint
or
furnish
employment
to
anyone
so
related
to
the
public
ser
-
37
vant
making
or
voting
for
such
appointment.
Any
public
servant
who
pays
38
out
of
any
public
funds
under
his
control
or
who
draws
or
authorizes
the
39
drawing
of
any
warrant
or
authority
for
the
payment
out
of
any
public
40
fund
of
the
salary,
wages,
pay,
or
compensation
of
any
such
ineligi
-
41
2
ble
person,
knowing
him
to
be
ineligible,
is
guilty
of
a
misdemeanor
and
1
shall
be
punished
as
provided
in
this
chapter.
2
(f)
Unless
specifically
authorized
by
another
provision
of
law,
com
-
3
mit
any
act
prohibited
of
members
of
the
legislature
or
any
officer
4
or
employee
of
any
branch
of
the
state
government
by
section
67
-
9230,
5
Idaho
Code,
violations
of
which
are
subject
to
penalties
as
provided
in
6
section
67
-
9231,
Idaho
Code,
which
prohibition
and
penalties
shall
be
7
deemed
to
extend
to
all
public
servants
pursuant
to
the
provisions
of
8
this
section.
9
(2)
No
person
related
to
any
member
of
the
legislature
by
blood
or
mar
-
10
riage
within
the
second
degree
shall
be
appointed
to
any
clerkship,
office,
1
1
position,
employment
or
duty
within
the
legislative
branch
of
government
12
or
otherwise
be
employed
by
the
legislative
branch
of
government
when
the
13
salary,
wages,
pay
or
compensation
of
such
appointee
or
employee
is
to
be
14
paid
out
of
public
funds.
The
provisions
of
this
subsection
shall
not
apply
15
to
any
person
who
participates
in
the
legislative
page
program
of
the
senate
16
or
the
house
of
representatives.
17
(3)
No
person
related
to
a
mayor
or
member
of
a
city
council
by
blood
or
18
marriage
within
the
second
degree
shall
be
appointed
to
any
clerkship,
of
-
19
fice,
position,
employment
or
duty
with
the
mayor's
or
city
council's
city
20
when
the
salary,
wages,
pay
or
compensation
of
such
appointee
or
employee
is
21
to
be
paid
out
of
public
funds.
22
(4)
No
person
related
to
a
county
commissioner
by
blood
or
marriage
23
within
the
second
degree
shall
be
appointed
to
any
clerkship,
office,
po
-
24
sition,
employment
or
duty
with
the
commissioner's
county
when
the
salary,
25
wages,
pay
or
compensation
of
such
appointee
or
employee
is
to
be
paid
out
of
26
public
funds.
27
(5)(a)
An
employee
of
a
governmental
entity
holding
a
position
prior
28
to
the
election
of
a
local
government
official,
who
is
related
to
a
29
local
government
official
within
the
second
degree
,
shall
be
entitled
30
to
retain
his
or
her
position
and
receive
general
pay
increases,
step
31
increases,
cost
of
living
increases,
and/or
other
across
-
the
-
board
32
increases
in
salary
or
merit
increases,
benefits
and
bonuses
or
promo
-
33
tions
.
if
the
employee:
34
(i)
Held
the
position
prior
to
the
election
of
the
local
govern
-
35
ment
official;
or
36
(ii)
Meets
the
requirements
of
subsection
(8)
of
this
section
37
prior
to
a
city's
population
exceeding
ten
thousand
(10,000)
per
-
38
sons.
39
(b)
Nothing
in
this
section
shall
be
construed
as
creating
any
property
40
rights
in
the
position
held
by
an
employee
subject
to
this
section,
and
41
all
authority
in
regard
to
disciplinary
action,
transfer,
dismissal,
42
demotion
or
termination
shall
continue
to
apply
to
the
employee.
43
(6)
The
prohibitions
contained
within
this
section
shall
not
include
44
conduct
defined
by
the
provisions
of
section
74
-
403(4),
Idaho
Code.
45
(7)
The
prohibitions
within
this
section
and
section
18
-
1356,
Idaho
46
Code,
as
it
applies
to
part
-
time
public
servants,
do
not
include
those
ac
-
47
tions
or
conduct
involving
the
public
servant's
business,
profession
or
48
occupation
and
unrelated
to
the
public
servant's
official
conduct,
and
do
49
not
apply
to
a
pecuniary
benefit
received
in
the
normal
course
of
a
leg
-
50
3
islator's
business,
profession
or
occupation
and
unrelated
to
any
bill,
1
legislation,
proceeding
or
official
transaction.
2
(8)(a)
The
prohibition
of
subsection
(3)
of
this
section
shall
not
ap
-
3
ply
if
all
the
following
conditions
are
met:
4
(i)
The
city
has
a
population
of
fewer
than
ten
thousand
(10,000)
5
persons,
based
on
the
most
recent
decennial
census;
6
(ii)
The
position
to
be
filled
requires
specific
education,
7
training,
or
relevant
experience
related
to
the
duties
of
the
po
-
8
sition,
and
the
related
individual
meets
those
qualifications;
9
(iii)
Public
notice
of
the
job
opening
has
been
made
through
means
10
customarily
used
by
the
city
for
job
postings,
including
posting
1
1
to
the
city
website,
if
applicable;
12
(iv)
The
position
has
been
publicly
posted
for
no
fewer
than
13
forty
-
five
(45)
days
prior
to
the
proposed
appointment
or
employ
-
14
ment,
and
no
qualified
applicants
have
applied
during
the
posting
15
period;
16
(v)
The
city
has
made
a
good
faith
effort
to
identify
and
con
-
17
sider
qualified
applicants,
including
documented
outreach
and
18
follow
-
up
with
applicants
to
determine
availability
and
qualifi
-
19
cations;
20
(vi)
The
city
maintains
a
written
record
of:
21
1.
All
applications
received;
22
2.
The
qualifications
of
each
applicant;
23
3.
The
reasons
for
rejection
of
unqualified
applicants;
and
24
4.
The
rationale
for
the
appointment
or
employment
of
the
25
related
individual;
26
(vii)
The
city
council
approves
the
appointment
or
employment
at
27
an
open
meeting,
and
the
familial
relationship
is
publicly
dis
-
28
closed
prior
to
the
vote;
29
(viii)
The
related,
elected
official
does
not
serve
as
the
super
-
30
visor,
manager,
or
otherwise
exercise
direct
authority
over
the
31
work
or
employment
conditions
of
the
newly
appointed
or
employed
32
individual.
The
city
council
shall
assign
supervisory
responsi
-
33
bilities
to
an
unrelated
employee
or
official
who
is
not
within
the
34
second
degree
of
blood
or
marriage
to
the
newly
appointed
or
em
-
35
ployed
individual.
Any
performance
evaluations,
disciplinary
ac
-
36
tions,
or
decisions
relating
to
compensation
or
advancement
shall
37
be
made
or
reviewed
by
an
unrelated
supervisor
or
official
and
con
-
38
firmed
by
the
city
council,
with
a
written
record
maintained
docu
-
39
menting
the
rationale
for
such
actions;
and
40
(ix)
Any
increase
in
compensation
for
a
person
appointed
or
em
-
41
ployed
pursuant
to
this
subsection
is
limited
to
cost
-
of
-
living
42
adjustments
or
other
across
-
the
-
board
increases
provided
to
all
43
employees.
Such
individual
shall
not
be
eligible
for
discre
-
44
tionary
increases,
bonuses,
or
promotions
unless
approved
by
the
45
city
council
in
an
open
meeting,
with
the
rationale
for
such
in
-
46
crease
made
part
of
the
record.
No
person
appointed
or
employed
47
pursuant
to
this
subsection
shall
receive
any
benefits
beyond
48
those
uniformly
offered
to
all
similarly
situated
employees
of
the
49
city.
50
4
(b)
No
position
shall
be
created
solely
for
the
purpose
of
employing
a
1
related
individual,
nor
shall
the
provisions
of
this
subsection
be
con
-
2
strued
to
impair
or
limit
the
provisions
of
subsection
(5)
of
this
sec
-
3
tion.
4
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
5
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
6
July
1,
2026.
7