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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.
865
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PUBLIC
UTILITIES
COMMISSION;
AMENDING
SECTION
61
-
207,
IDAHO
2
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
CERTAIN
EX
PARTE
COMMUNICA
-
3
TIONS;
AMENDING
SECTION
18
-
1356,
IDAHO
CODE,
TO
REVISE
A
PROVISION
4
REGARDING
GIFTS
TO
PUBLIC
SERVANTS
BY
PERSONS
SUBJECT
TO
THEIR
JURIS
-
5
DICTION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
61
-
207,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
61
-
207.
COMMISSIONERS
AND
EMPLOYEES
-
-
OATH
-
-
QUALIFICATIONS
-
-
RE
-
10
STRICTIONS
ON
POLITICAL
ACTIVITY
-
-
EX
PARTE
COMMUNICATIONS
.
(1)
Each
com
-
1
1
missioner
shall
devote
his
entire
time
to
the
duties
of
his
office
and
shall,
12
together
with
each
person
appointed
to
a
civil
executive
office
by
the
com
-
13
mission,
before
entering
upon
the
duties
of
his
office,
take
and
subscribe
14
to
an
oath
to
the
effect
that
he
will
support
the
Constitution
of
the
United
15
States
and
the
state
of
Idaho,
and
faithfully
and
impartially
discharge
the
16
duties
of
his
office
as
required
by
law
and
that
he
is
not
interested
directly
17
or
indirectly
in
any
public
utility
embraced
within
the
provisions
of
this
18
act;
or
any
of
its
stocks,
bonds,
mortgages,
securities
or
earnings.
19
(2)
Each
commissioner
shall
be
a
qualified
elector
of
this
state,
and
no
20
person
while
in
the
employ
of
or
holding
any
official
relation
to
any
corpo
-
21
ration
or
person,
which
said
corporation
or
person
is
subject
in
whole
or
in
22
part
to
regulation
by
the
commission,
and
no
person
owning
stocks
or
bonds
of
23
any
such
corporation
or
who
is
in
any
manner
pecuniarily
interested
therein
24
shall
be
appointed
to
or
hold
the
office
of
commissioner
or
be
appointed
or
25
employed
by
the
commission:
provided,
that
if
such
person
shall
become
the
26
owner
of
such
stocks
or
bonds
or
become
pecuniarily
interested
in
such
corpo
-
27
ration
otherwise
than
voluntarily,
he
shall
within
a
reasonable
time
divest
28
himself
of
such
ownership
or
interest;
failing
to
do
so,
his
office
or
em
-
29
ployment
shall
become
vacant.
30
(3)
No
commissioner
shall,
directly
or
indirectly,
while
he
is
a
member
31
of
said
commission,
take
any
part
in
politics
by
advocating
or
opposing
the
32
election,
appointment
or
nomination
of
any
person
or
persons
to
any
office
in
33
the
state
of
Idaho,
excepting
under
officers
in
the
commission,
nor
shall
any
34
commissioner
seek
appointment
or
election
or
nomination
for
any
civil
of
-
35
fice
in
the
state
of
Idaho,
other
than
commissioner,
while
he
is
a
member
of
36
said
commission,
nor
shall
any
commissioner
seek
appointment,
nomination
or
37
election
to
any
civil
office
in
the
state
of
Idaho,
other
than
that
of
commis
-
38
sioner,
for
a
period
of
two
(2)
years
from
the
date
of
the
expiration
of
his
39
term
or
after
his
resignation
or
removal
from
said
office.
40
2
(4)
The
following
provisions
shall
apply
to
any
ex
parte
communications
1
directed
to
or
originating
from
the
commission,
or
any
person
employed
by
the
2
commission:
3
(a)
No
commissioner,
or
any
person
employed
by
the
commission,
shall,
4
directly
or
indirectly,
solicit,
invite,
encourage,
or
consider
any
5
communication
from
any
person
concerning
the
merits
of
any
matter
pend
-
6
ing
before
the
commission
or
reasonably
expected
to
come
before
the
7
commission,
unless
such
communication
is
made
in
the
course
of
an
offi
-
8
cial
proceeding
or
is
reduced
to
writing
and
made
a
part
of
the
records
9
of
the
commission.
10
(b)
No
public
utility
or
agent
thereof,
party
appearing
before
the
1
1
commission,
lobbyist
registered
pursuant
to
chapter
7,
title
74,
Idaho
12
Code,
representing
a
public
utility,
or
attorney
representing
a
public
13
utility
shall,
directly
or
indirectly,
make
any
communication
to
any
14
commissioner,
or
any
person
employed
by
the
commission,
concerning
the
15
merits
of
any
matter
pending
before
the
commission
or
reasonably
ex
-
16
pected
to
come
before
the
commission,
unless
such
communication
is
made
17
in
the
course
of
an
official
proceeding
or
is
reduced
to
writing
and
made
18
a
part
of
the
records
of
the
commission.
19
(c)
The
provisions
of
this
subsection
shall
not
apply
to
communications
20
limited
solely
to
ministerial
or
scheduling
matters
or
statements
made
21
in
a
public
hearing
or
other
proceeding
duly
noticed
by
the
commission.
22
(d)
If
any
communication
in
violation
of
this
subsection
is
received
by
23
a
commissioner,
or
any
person
employed
by
the
commission,
such
commis
-
24
sioner
or
employee
receiving
the
communication
shall
create
a
written
25
summary
of
the
communication
and
within
seven
(7)
business
days
place
26
such
summary
in
the
records
of
the
commission
and
transmit
a
copy
of
such
27
summary
to
any
party
before
the
commission
who
is
adverse
to
the
person
28
making
such
ex
parte
communication.
29
(e)
Any
person
who
violates
any
provision
of
this
subsection
shall
30
be
subject
to
a
civil
penalty
not
to
exceed
two
hundred
fifty
dollars
31
($250)
if
an
individual
and
not
to
exceed
two
thousand
five
hundred
dol
-
32
lars
($2,500)
if
a
person
other
than
an
individual.
The
burden
of
proof
33
for
such
civil
liability
shall
be
met
by
showing
a
preponderance
of
the
34
evidence.
The
attorney
general
or
the
appropriate
prosecuting
attor
-
35
ney
may
prosecute
any
violations
of
this
subsection.
Prosecution
for
36
a
violation
of
this
subsection
shall
be
commenced
within
two
(2)
years
37
after
the
date
on
which
the
violation
occurred.
Venue
for
prosecution
38
pursuant
to
the
provisions
of
this
chapter
shall
be
in
the
county
of
39
residence
of
the
defendant
if
the
defendant
is
a
resident
of
the
state
of
40
Idaho,
otherwise
venue
shall
be
in
Ada
county.
41
SECTION
2.
That
Section
18
-
1356,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
18
-
1356.
GIFTS
TO
PUBLIC
SERVANTS
BY
PERSONS
SUBJECT
TO
THEIR
JURIS
-
44
DICTION.
(1)
Regulatory
and
law
enforcement
officials.
No
public
servant
in
45
any
department
or
agency
exercising
regulatory
functions,
or
conducting
in
-
46
spections
or
investigations,
or
carrying
on
civil
or
criminal
litigation
on
47
behalf
of
the
government,
or
having
custody
of
prisoners,
shall
solicit,
ac
-
48
cept
or
agree
to
accept
any
pecuniary
benefit
from
a
person
known
to
be
sub
-
49
3
ject
to
such
regulation,
inspection,
investigation
or
custody,
or
against
1
whom
such
litigation
is
known
to
be
pending
or
contemplated.
2
(2)
Officials
concerned
with
government
contracts
and
pecuniary
trans
-
3
actions.
No
public
servant
having
any
discretionary
function
to
perform
in
4
connection
with
contracts,
purchases,
payments,
claims
or
other
pecuniary
5
transactions
of
the
government
shall
solicit,
accept
or
agree
to
accept
any
6
pecuniary
benefit
from
any
person
known
to
be
interested
in
or
likely
to
be
-
7
come
interested
in
any
such
contract,
purchase,
payment,
claim
or
transac
-
8
tion.
9
(3)
Judicial
and
administrative
officials.
No
public
servant
having
10
judicial
or
administrative
authority
and
no
public
servant
employed
by
or
in
1
1
a
court
or
other
tribunal
having
such
authority,
or
participating
in
the
en
-
12
forcement
of
its
decisions,
shall
solicit,
accept
or
agree
to
accept
any
pe
-
13
cuniary
benefit
from
a
person
known
to
be
interested
in
or
likely
to
become
14
interested
in
any
matter
before
such
public
servant
or
a
tribunal
with
which
15
he
is
associated.
16
(4)
Legislative
and
executive
officials.
No
legislator
or
public
ser
-
17
vant
shall
solicit,
accept
or
agree
to
accept
any
pecuniary
benefit
in
return
18
for
action
on
a
bill,
legislation,
proceeding
or
official
transaction
from
19
any
person
known
to
be
interested
in
a
bill,
legislation,
official
transac
-
20
tion
or
proceeding.
21
(5)
Exceptions.
This
section
shall
not
apply
to:
22
(a)
fees
prescribed
by
law
to
be
received
by
a
public
servant,
or
any
23
other
benefit
for
which
the
recipient
gives
legitimate
consideration
or
24
to
which
he
is
otherwise
legally
entitled;
or
25
(b)
gifts
or
other
benefits
conferred
on
account
of
kinship
or
other
26
personal,
professional
or
business
relationship
independent
of
the
of
-
27
ficial
status
of
the
receiver;
or
28
(c)
trivial
benefits
not
to
exceed
a
value
of
fifty
dollars
($50.00)
in
-
29
cidental
to
personal,
professional
or
business
contacts
and
involving
30
no
substantial
risk
of
undermining
official
impartiality;
provided,
31
however,
that
for
any
commissioner
or
employee
of
the
Idaho
public
util
-
32
ities
commission,
such
trivial
benefits
shall
not
exceed
a
value
of
33
twenty
dollars
($20.00);
or
34
(d)
benefits
received
as
a
result
of
lobbying
activities
that
are
dis
-
35
closed
in
reports
required
by
chapter
7,
title
74,
Idaho
Code.
This
ex
-
36
ception
shall
not
apply
to
any
activities
prohibited
by
subsections
(1)
37
through
(4)
of
this
section.
38
(6)
Offering
benefits
prohibited.
No
person
shall
knowingly
confer,
39
or
offer
or
agree
to
confer,
any
benefit
prohibited
by
the
foregoing
subsec
-
40
tions.
41
(7)
Grade
of
offense.
An
offense
under
this
section
is
a
misdemeanor
42
and
shall
be
punished
as
provided
in
this
chapter.
43
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
44
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
45
July
1,
2026.
46