2005 Idaho Code - 59-703 — DEFINITIONS

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 7
                             ETHICS IN GOVERNMENT
    59-703.  DEFINITIONS. For purposes of this chapter:
    (1)  "Official action" means any decision on, or proposal, consideration,
enactment, defeat, or making of any rule, regulation, rate-making proceeding
or policy action or nonaction by a governmental body or any other policy
matter which is within the official jurisdiction of the governmental body.
    (2)  "Business" means any undertaking operated for economic gain,
including, but not limited to, a corporation, partnership, trust,
proprietorship, firm, association or joint venture.
    (3)  "Business with which a public official is associated" means any
business of which the public official or member of his household is a
director, officer, owner, partner, employee or holder of stock over five
thousand dollars ($5,000) or more at fair market value.
    (4)  "Conflict of interest" means any official action or any decision or
recommendation by a person acting in a capacity as a public official, the
effect of which would be to the private pecuniary benefit of the person or a
member of the person's household, or a business with which the person or a
member of the person's household is associated, unless the pecuniary benefit
arises out of the following:
    (a)  An interest or membership in a particular business, industry,
    occupation or class required by law as a prerequisite to the holding by
    the person of the office or position;
    (b)  Any action in the person's official capacity which would affect to
    the same degree a class consisting of an industry or occupation group in
    which the person, or a member of the person's household or business with
    which the person is associated, is a member or is engaged;
    (c)  Any interest which the person has by virtue of his profession, trade
    or occupation where his interest would be affected to the same degree as
    that of a substantial group or class of others similarly engaged in the
    profession, trade or occupation;
    (d)  Any action by a public official upon any revenue measure, any
    appropriation measure or any measure imposing a tax, when similarly
    situated members of the general public are affected by the outcome of the
    action in a substantially similar manner and degree.
    (5)  "Economic gain" means increase in pecuniary value from sources other
than lawful compensation as a public official.
    (6)  "Governmental entity" means:
    (a)  The state of Idaho and all agencies, commissions and other
    governmental bodies of the state; and
    (b)  Counties and municipalities of the state of Idaho, all other
    political subdivisions including, but not limited to, highway districts,
    planning and zoning commissions or governmental bodies not specifically
    mentioned in this chapter.
    (7)  "Members of a household" means the spouse and dependent children of
the public official and/or persons whom the public official is legally
obligated to support.
    (8)  "Person" means an individual, proprietorship, partnership,
association, trust, estate, business trust, group or corporation, whether
operated for profit or not, and any other legal entity, or agent or servant
thereof, or a governmental entity.
    (9)  "Public office" means any position in which the normal and usual
duties are conducted on behalf of a governmental entity.
    (10) "Public official" means any person holding public office in the
following capacity:
    (a)  As an elected public official meaning any person holding public
    office of a governmental entity by virtue of an elected process, including
    persons appointed to a vacant elected office of a governmental entity,
    excluding members of the judiciary; or
    (b)  As an elected legislative public official meaning any person holding
    public office as a legislator; or
    (c)  As an appointed public official meaning any person holding public
    office of a governmental entity by virtue of formal appointment as
    required by law; or
    (d)  As an employed public official meaning any person holding public
    office of a governmental entity by virtue of employment, or a person
    employed by a governmental entity on a consultive basis.