Bill Description: House Bill 319 would prohibit state employees from assisting any person or entity in any legal matter against the state of Idaho.
Rating: -2
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
House Bill 319 would create Chapter 7, Title 74, Idaho Code, titled "State Employee Loyalty," which would say, "A state employee shall not assist any person or entity in any legal matter against the state of Idaho." The bill includes definitions, exceptions, and enforcement provisions.
The bill would define "assist" as "acting as a paid or unpaid agent, consultant, expert, or attorney in any claim against the state of Idaho, receiving any share of or interest in any such claim, or receiving any compensation or gratuity in consideration of assistance in the pursuit of such claim."
While there may be times when a particular state employee's contract prohibits conflicts of interest, this prohibition is far too broad and violates the basic constitutional rights of individuals who are employed by the state.
Acting as an unpaid consultant is an overly legalistic way to describe giving someone free advice, and attempting to prohibit such activities abridges freedom of speech.
(-1)
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
The bill says, "The attorney general may bring a civil action against any person who engages in conduct constituting a violation under this section upon proof of such conduct by a preponderance of the evidence."
A violation of this law would be a civil offense carrying a penalty of up to $10,000 per violation.
(-1)
