HOUSE BILL NO. 416
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H0416......................................................by STATE AFFAIRS
CAMPAIGN CONTRIBUTIONS - Repeals and adds to existing law to enumerate
permitted and nonpermitted uses of a contribution accepted by a candidate
for public office.
01/19 House intro - 1st rdg - to printing
01/20 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 416
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MONEYS CONTRIBUTED TO A POLITICAL CAMPAIGN; REPEALING SECTION
3 67-6610C, IDAHO CODE, RELATING TO USE OF CONTRIBUTIONS FOR CERTAIN PUR-
4 POSES BY A CANDIDATE OR OFFICEHOLDER; AMENDING CHAPTER 66, TITLE 67, IDAHO
5 CODE, BY THE ADDITION OF A NEW SECTION 67-6610C, IDAHO CODE, TO ENUMERATE
6 PERMITTED AND NONPERMITTED USES OF A CONTRIBUTION ACCEPTED BY A CANDIDATE;
7 AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 67-6610C, Idaho Code, be, and the same is hereby
11 SECTION 2. That Chapter 66, Title 67, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 67-6610C, Idaho Code, and to read as follows:
14 67-6610C. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. (1) Permitted
15 uses. A contribution accepted by a candidate may be used by the candidate:
16 (a) For expenditures in connection with the campaign for public office of
17 the candidate;
18 (b) For ordinary and necessary expenses incurred in connection with
19 duties of the individual as a holder of public office;
20 (c) For contributions to an organization described in section 170(c) of
21 the Internal Revenue Code of 1986; or
22 (d) For transfers, without limitation, to a national, state or local com-
23 mittee of a political party.
24 (2) Prohibited use.
25 (a) In general. A contribution shall not be converted by any person to
26 personal use.
27 (b) Conversion. For the purposes of subsection (2)(a) of this section, a
28 contribution shall be considered to be converted to personal use if the
29 contribution is used to fulfill any commitment, obligation or expense of a
30 person that would exist irrespective of the candidate's election campaign
31 or individual's duties as a holder of public office, including:
32 (i) A home mortgage, rent or utility payment;
33 (ii) A clothing purchase;
34 (iii) A noncampaign-related automobile expense;
35 (iv) A country club membership;
36 (v) A vacation or other noncampaign-related trip;
37 (vi) A household food item;
38 (vii) A tuition payment;
39 (viii) Admission to a sporting event, concert, theater or other form
40 of entertainment not associated with an election campaign;
41 (ix) Dues, fees and other payments to a health club or recreational
42 facility; and
1 (x) Meals, groceries or other food expense, except for tickets to
2 meals that the candidate attends solely for the purpose of enhancing
3 the candidacy of another person or meal expenses which are incurred
4 as part of a campaign activity or as part of a function that is
5 related to the candidate's or officeholder's responsibilities.
6 SECTION 3. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval.
STATEMENT OF PURPOSE
The purpose of this legislation is to amend the Sunshine Law to
clarify what is a proper use of campaign contributions.
Candidates and officeholders should have wide discretion in the
use of campaign funds, however, some parameters must exist in
regard to what constitutes an impermissible "personal use". This
bill tracks the language of the Federal law and lists specific
prohibitions pertaining to the use of campaign funds.
Name: Ben Ysursa
Name: Tim Hurst
Agency: Secretary of State, Office of
STATEMENT OF PURPOSE/FISCAL NOTE H 416