Amends existing law to revise a provision regarding employment of relatives and to provide an exemption regarding the employment of certain relatives.

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 ACT1 RELATING TO BRIBERY AND CORRUPTION; AMENDING SECTION 18-1359, IDAHO CODE, TO2 REVISE A PROVISION REGARDING EMPLOYMENT OF RELATIVES AND TO PROVIDE AN3 EXEMPTION REGARDING THE EMPLOYMENT OF CERTAIN RELATIVES; AND DECLARING4 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 hereby7 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 for11 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 for14 services, advice, assistance or conduct customarily exercised in the15 course of his official duties. This prohibition shall not include triv-16 ial benefits not to exceed a value of fifty dollars ($50.00) incidental17 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 or20 by reason of his official position or activities in any manner with the21 intent to obtain a pecuniary benefit for himself or any other person or22 entity in whose welfare he is interested or with the intent to harm the23 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 in26 section 18-1361, Idaho Code.27 (e) Appoint or vote for the appointment of any person related to him by28 blood or marriage within the second degree to any clerkship, office, po-29 sition, employment or duty, when the salary, wages, pay or compensation30 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, pay32 or compensation is to be paid out of public funds or fees of office, and33 who is related by either blood or marriage within the second degree to34 any other public servant when such appointment is made on the agreement35 or promise of such other public servant or any other public servant to36 appoint or furnish employment to anyone so related to the public ser-37 vant making or voting for such appointment. Any public servant who pays38 out of any public funds under his control or who draws or authorizes the39 drawing of any warrant or authority for the payment out of any public40 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 and1 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 officer4 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 in6 section 67-9231, Idaho Code, which prohibition and penalties shall be7 deemed to extend to all public servants pursuant to the provisions of8 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,11 position, employment or duty within the legislative branch of government12 or otherwise be employed by the legislative branch of government when the13 salary, wages, pay or compensation of such appointee or employee is to be14 paid out of public funds. The provisions of this subsection shall not apply15 to any person who participates in the legislative page program of the senate16 or the house of representatives.17 (3) No person related to a mayor or member of a city council by blood or18 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 city20 when the salary, wages, pay or compensation of such appointee or employee is21 to be paid out of public funds.22 (4) No person related to a county commissioner by blood or marriage23 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 of26 public funds.27 (5)(a) An employee of a governmental entity holding a position prior28 to the election of a local government official, who is related to a29 local government official within the second degree, shall be entitled30 to retain his or her position and receive general pay increases, step31 increases, cost of living increases, and/or other across-the-board32 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; or36 (ii) Meets the requirements of subsection (8) of this section37 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 property40 rights in the position held by an employee subject to this section, and41 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 include44 conduct defined by the provisions of section 74-403(4), Idaho Code.45 (7) The prohibitions within this section and section 18-1356, Idaho46 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 or48 occupation and unrelated to the public servant's official conduct, and do49 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 means10 customarily used by the city for job postings, including posting11 to the city website, if applicable;12 (iv) The position has been publicly posted for no fewer than13 forty-five (45) days prior to the proposed appointment or employ-14 ment, and no qualified applicants have applied during the posting15 period;16 (v) The city has made a good faith effort to identify and con-17 sider qualified applicants, including documented outreach and18 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; and24 4. The rationale for the appointment or employment of the25 related individual;26 (vii) The city council approves the appointment or employment at27 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 the31 work or employment conditions of the newly appointed or employed32 individual. The city council shall assign supervisory responsi-33 bilities to an unrelated employee or official who is not within the34 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 shall37 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; and40 (ix) Any increase in compensation for a person appointed or em-41 ployed pursuant to this subsection is limited to cost-of-living42 adjustments or other across-the-board increases provided to all43 employees. Such individual shall not be eligible for discre-44 tionary increases, bonuses, or promotions unless approved by the45 city council in an open meeting, with the rationale for such in-46 crease made part of the record. No person appointed or employed47 pursuant to this subsection shall receive any benefits beyond48 those uniformly offered to all similarly situated employees of the49 city.50

4 (b) No position shall be created solely for the purpose of employing a1 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 hereby5 declared to exist, this act shall be in full force and effect on and after6 July 1, 2026.7