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H0175......................................................by STATE AFFAIRS POLLS - PERSUASIVE - Amends existing law to clarify the definition of a persuasive poll; and to provide for penalties and prosecution. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to St Aff 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 65-2-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Hornbeck, Sali Absent and excused -- Crow, Mortensen, Swan Floor Sponsor -- Jaquet Title apvd - to Senate 03/01 Senate intro - 1st rdg - to St Aff 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS -- None Absent and excused -- Williams Floor Sponsors -- Geddes & Stennett Title apvd - to House 03/19 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - to Governor 03/22 Governor signed Session Law Chapter 106 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 175 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CAMPAIGN CONTRIBUTIONS; AMENDING SECTION 67-6629, IDAHO CODE, TO 3 CLARIFY THE DEFINITION OF A PERSUASIVE POLL AND TO MAKE A TECHNICAL COR- 4 RECTION; AND AMENDING SECTION 67-6625, IDAHO CODE, TO CLARIFY PENALTIES 5 AND VENUE FOR PROSECUTION AND TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-6629, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-6629. PERSUASIVE POLL CONCERNING CANDIDATE MUST IDENTIFY PERSON OR 10 ENTITY PAYING FOR POLL. (1) If a person, candidate, political party or politi- 11 cal committee requests or compensates a person to: 12 (a) Conduct or cause to be conducted a persuasive poll by telephone con- 13 cerning a candidate; or 14 (b) Produce automated or computerized messages by telephone to conduct a 15 persuasive poll concerning a candidate. 16 The person conducting the poll shall, at the end of the poll, disclose the 17 name and telephone number of the person, candidate, political party or politi- 18 cal committee that requested or compensated the person for the poll. 19 (2) As used in this section, "persuasive poll" means the canvassing of 20 persons, by means other than an established method of scientific sampling, by 21 asking questions or other information concerning a candidate which is designed 22 to provide information that isnegative or derogatory about the candidate or23his familydesigned to advocate the election, approval or defeat of a candi- 24 date or measure. The term does not include a poll that is conducted only to 25 measure the public's opinion about or reaction to an issue, fact or theme. 26 (3) A violation of the provisions of this section shall bepunishedpun- 27 ishable as provided in section 67-6625, Idaho Code. 28 SECTION 2. That Section 67-6625, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION 31 -- LIMITATION -- VENUE. (a) Any person who violates the provisions of section 32 67-6603 through 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a),or67-6624 or 33 67-6629, Idaho Code, shall be liable for a civil fine not to exceed two hun- 34 dred fifty dollars ($250) if an individual, and not more than two thousand 35 five hundred dollars ($2,500) if a person other than an individual. The burden 36 of proof for such civil liability shall be met by showing a preponderance of 37 the evidence. 38 (b) Any person who violates section 67-6605 or 67-6621(b), Idaho Code, 39 and any person who knowingly and willfully violates section 67-6603 through 40 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a),or67-6624 or 67-6629, Idaho 41 Code, is guilty of a misdemeanor and, upon conviction, in addition to the 2 1 fines set forth in subsection (a) of this section, may be imprisoned for not 2 more than six (6) months or be both fined and imprisoned. 3 (c) The attorney general or the appropriate prosecuting attorney may 4 prosecute any violations of this act. 5 (d) Prosecution for violation of this act must be commenced within two 6 (2) years after the date on which the violation occurred. 7 (e) Venue for prosecution under the provisions of this chapter shall be 8 in the county of residence of the defendant if the defendant is a resident of 9 the state of Idaho, otherwise venue shall be in Ada county.
STATEMENT OF PURPOSE RS 10916 The purpose of this legislation is to amend section 67-6629 of Idaho Code relating to campaign contributions. The act clarifies the definition of a "persuasive poll" in section 2, to mean a canvassing of persons, which is designed to advocate the approval or defeat of a candidate or measure, while removing the terms "negative" and "derogatory" from the definition. The act also clarifies the penalties applicable to the violation of the code making it comparable to existing code for other campaign techniques. FISCAL IMPACT There will be no fiscal impact. STATEMENT OF PURPOSE/FISCAL NOTE H 175 Contact Name: Rep. Wendy Jaquet Phone: 332 1130