2006 Legislation
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HOUSE BILL NO. 416 – Campaign contributions, use

HOUSE BILL NO. 416

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 10    repealed.
                                                                        
 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
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 15521

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. 



                          FISCAL NOTE

None





Contact
Name:     Ben Ysursa
Name:     Tim Hurst
Agency:   Secretary of State, Office of 
Phone:    208-334-2300




STATEMENT OF PURPOSE/FISCAL NOTE                         H 416