1999 Legislation
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SENATE BILL NO. 1227, As Amended in the House – Lobbyists, registration, rpts

SENATE BILL NO. 1227, As Amended in the House

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S1227aaH...................................................by STATE AFFAIRS
LOBBYISTS - Amends existing law to delete language regarding a lobbyist's
employer being a nonbusiness entity and language regarding certain filing
requirements; and to delete a requirement that a lobbyist who submits
written matter to the Legislature must also submit copies to the Secretary
of State.

02/18    Senate intro - 1st rdg - to printing
02/19    Rpt prt - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 27-0-8
      AYES--Andreason, Boatright, Bunderson, Cameron, Crow, Danielson,
      Darrington, Davis, Dunklin, Frasure, Ingram, Ipsen, King, Lee,
      McLaughlin, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen,
      Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Branch, Burtenshaw, Deide, Geddes, Hawkins,
      Keough, Noh, Parry
    Floor Sponsor - Twiggs
    Title apvd - to House
03/09    House intro - 1st rdg - to St Aff
03/12    Rpt out - to Gen Ord
03/16    Rpt out amen - to 1st rdg as amen
03/17    1st rdg - to 2nd rdg as amen
03/17    Rules susp - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer(Duncan), Mortensen, Moyle,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Watson,
      Wheeler, Williams, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Montgomery, Pischner, Smith, Tippets
    Floor Sponsor - Callister
    Title apvd - to Senate
03/17    Senate concurred in House amens - to engros
03/18    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Thorne, Wheeler, Whitworth
      Absent and excused--Crow, Parry, Stegner, Twiggs
    Floor Sponsor - Sorensen
    Title apvd - to enrol
03/18    Rpt enrol - Pres signed
03/19    Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 176
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                      SENATE BILL NO. 1227, As Amended in the House

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section 67-6602, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        67-6602.  DEFINITIONS. As used in this act, the following terms  have  the
13    following meanings:
14        (a)  "Candidate"  means  an individual who has taken affirmative action to
15    seek nomination or election to public office. An individual shall be deemed to
16    have taken affirmative action to seek such nomination or  election  to  public
17    office when he first:
18        (1)  Receives  contributions  or  makes  expenditures or reserves space or
19        facilities with intent to promote his candidacy for office; or
20        (2)  Announces publicly or files for office.
21        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
22    indebtedness, deposit, distribution, loan, payment, gift, pledge  or  transfer
23    of  money  or anything of value, and any contract, agreement, promise or other
24    obligation, whether or not legally enforceable, to do any  of  the  foregoing,
25    for services rendered or to be rendered, but does not include reimbursement of
26    expenses  if  such  reimbursement does not exceed the amount actually expended
27    for such expenses and is substantiated by an itemization of such expenses.
28        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
29    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
30    or transfer of money or anything of value, and any contract, agreement,  prom-
31    ise or other obligation, whether or not legally enforceable, to make a contri-
32    bution,  in  support of or in opposition to any candidate, political committee
33    or measure. Such term also includes personal funds or other property of a can-
34    didate or members of his household expended or transferred to  cover  expendi-
35    tures  incurred  in  support  of  such candidate but does not include personal
36    funds used to pay the candidate filing fee. Such term also includes  the  ren-
37    dering of personal and professional services for less than full consideration,
38    but does not include ordinary home hospitality or the rendering of "part-time"
39    personal services of the sort commonly performed by volunteer campaign workers
40    or  advisors  or  incidental  expenses  not  in  excess of twenty-five dollars
41    ($25.00) personally paid for by any  volunteer  campaign  worker.  "Part-time"
42    services  for  the  purposes of this definition, means services in addition to
43    regular full-time employment, or, in the case of an unemployed person or  per-


 1    sons  engaged  in part-time employment, services rendered without compensation
 2    or reimbursement of expenses from any  source  other  than  the  candidate  or
 3    political  committee  for whom such services are rendered. For the purposes of
 4    this act, contributions, other than money or its equivalents shall  be  deemed
 5    to have a money value equivalent to the fair market value of the contribution.
 6        (d)  "Election" means any general, special or primary election.
 7        (e)  "Election campaign" means any campaign in support of or in opposition
 8    to  a  candidate for election to public office and any campaign in support of,
 9    or in opposition to, a measure.
10        (f)  "Expenditure" includes any payment, contribution, subscription,  dis-
11    tribution,  loan, advance, deposit, or gift of money or anything of value, and
12    includes a contract, promise, or agreement, whether or  not  legally  enforce-
13    able,  to  make an expenditure. The term "expenditure" also includes a promise
14    to pay, a payment or a transfer of anything of value in  exchange  for  goods,
15    services, property, facilities or anything of value for the purpose of assist-
16    ing,  benefiting or honoring any public official or candidate, or assisting in
17    furthering or opposing any election campaign.
18        (g)  "Independent expenditure" means any expenditure by  a  person  for  a
19    communication  expressly  advocating  the  election,  passage  or  defeat of a
20    clearly identified candidate or measure that is not made with the  cooperation
21    or  with  the prior consent of, or in consultation with, or at the consent of,
22    or in consultation with, or at the request of a suggestion of, a candidate  or
23    any agent or authorized committee of the candidate or political committee sup-
24    porting or opposing a measure. As used in this subsection, "expressly advocat-
25    ing" means any communication containing a message advocating election, passage
26    or defeat including, but not limited to, the name of the candidate or measure,
27    or  expression such as "vote for," "elect," "support," "cast your ballot for,"
28    "vote against," "defeat" or "reject."
29        (h)  "Lobby" and "lobbying" each means attempting through  contacts  with,
30    or causing others to make contact with, members of the legislature or legisla-
31    tive  committees,  to influence the approval, modification or rejection of any
32    legislation by the legislature of the state of Idaho or any committee thereof.
33     Neither "lobby"  nor  "lobbying"  includes  an  association's  or  other
34    organization's  act  of  communicating with the members of that association or
35    organization. 
36        (i)  "Lobbyist" includes any person who lobbies.
37        (j)  "Lobbyist's employer" means the person or persons by whom a  lobbyist
38    is employed, directly or indirectly, and all persons by whom he is compensated
39    for acting as a lobbyist.
40        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
41    people  for  their approval or rejection at an election, including any initia-
42    tive, referendum or revision of or amendment to  the  state  constitution.  An
43    initiative or referendum proposal shall be deemed a measure  when the attorney
44    general reviews it and gives it a ballot title.
45        (l)  "Nonbusiness  entity"  means  any group (of two (2) or more individu-
46    als), corporation, association, firm, partnership, committee,  club  or  other
47    organization which:
48        (1)  Does not have as its principal purpose the conduct of business activ-
49        ities for profit; and
50        (2)  Received  during  the preceding calendar year contributions, gifts or
51        membership fees, which in the aggregate exceeded ten  per cent 
52         percent  (10%)  of its total receipts for such year.
53        (m)  "Person" means an individual, corporation, association,  firm,  part-
54    nership,  committee,  political  party, club or other organization or group of
55    persons.


 1        (n)  "Political committee" means:
 2        (1)  Any person specifically designated to support or oppose any candidate
 3        or measure; or
 4        (2)  Any person who receives contributions and makes  expenditures  in  an
 5        amount  exceeding five hundred dollars ($500) in any calendar year for the
 6        purpose of supporting or opposing one (1) or more candidates or  measures.
 7        Any  entity  registered  with the federal election commission shall not be
 8        considered a political committee for purposes of this chapter.
 9         (3)  A county, district or regional committee of a recognized polit-
10        ical party shall not be considered a political committee for the  purposes
11        of  this  chapter  unless  such party committee has expenditures exceeding
12        five thousand dollars ($5,000) in a calendar year. 
13        (o)  "Political treasurer" means an individual appointed by a candidate or
14    political committee as provided in section 67-6603, Idaho Code.
15        (p)  "Public office" means any state office or position,  including  state
16    senator,  state representative, and judge of the district court that is filled
17    by election.

18        SECTION 2.  That Section 67-6617, Idaho Code, be, and the same  is  hereby
19    amended to read as follows:

20        67-6617.  REGISTRATION  OF  LOBBYISTS.  (a)  Before doing any lobbying, or
21    within thirty (30) days after being employed as a lobbyist,  whichever  occurs
22    first,  a lobbyist shall register by filing with the secretary of state a lob-
23    byist registration statement, in such detail as the secretary of  state  shall
24    prescribe,  accompanied  by  payment  of  a  registration  fee  of ten dollars
25    ($10.00) (which shall be deposited by the secretary  of  state  in  the  state
26    treasury), showing:
27        (1)  His  name,  permanent business address, and any temporary residential
28        and business address in Ada County during the legislative session;
29        (2)  The name, address and general nature of the occupation or business of
30        the lobbyist's employer, and the duration of his employment;
31        (3)  Whether the person from whom he  receives  compensation  employs  him
32        solely  as  a lobbyist or whether he is a regular employee performing ser-
33        vices for his employer which include but are not limited  to  lobbying  of
34        legislation;
35        (4)  The  general subject or subjects of the lobbyist's legislative inter-
36        est;
37        (5)  The name and address of the person  who  will  have  custody  of  the
38        accounts,  bills,  receipts,  books,  papers, and documents required to be
39        kept under this act ;
40        (6)  If the lobbyist's employer is a nonbusiness  entity  (including,  but
41        not limited to, business and trade associations) whose members include, or
42        which as a representative entity undertakes lobbying activities for, busi-
43        nesses,  groups,  associations  or  organizations, the name and address of
44        each member of such entity or person  represented  by  such  entity  whose
45        fees,  dues,  payments  or  other consideration paid to such entity during
46        either of the prior two (2)  years  have  exceeded  five  hundred  dollars
47        ($500) or who is obligated to or has agreed to pay fees, dues, payments or
48        other  consideration  exceeding five hundred dollars ($500) to such entity
49        during the current year .
50        (b)  Any lobbyist who receives or is to  receive  compensation  from  more
51    than  one   (1)  person for his services as a lobbyist shall file a
52    separate notice of representation, accompanied  by  the  fee  of  ten  dollars
53    ($10.00) for each separate notice of representation, with respect to each such


 1    person;  except  that where a lobbyist whose fee for acting as such in respect
 2    to the same legislation or type of legislation is, or is to be, paid  or  con-
 3    tributed  by more than one  (1)  person then such lobbyist may file
 4    a single statement, in which he shall detail the name,  business  address  and
 5    general occupation of each person so paying or contributing.
 6        (c)  Whenever  a  change,  modification,  or termination of the lobbyist's
 7    employment occurs, the lobbyist shall, within one (1)  week  of  such  change,
 8    modification  or  termination,  furnish full information regarding the same by
 9    filing with the secretary of state an amended registration statement.
10        (d)  Each lobbyist who has registered shall file a new registration state-
11    ment, revised as appropriate, on or before each January 10, and failure to  do
12    so shall terminate his registration.

13        SECTION  3.  That  Section 67-6619, Idaho Code, be, and the same is hereby
14    amended to read as follows:

15        67-6619.  REPORTING BY LOBBYISTS. (a) Any lobbyist registered  under  sec-
16    tion  67-6617,  Idaho  Code,  shall file with the secretary of state an annual
17    report of his activities signed  by  both  the  lobbyist  and  the  lobbyist's
18    employers.  The reports shall be made in the form and manner prescribed by the
19    secretary of state and shall be filed on  January  31.   In  addition  to  the
20    annual  report, while the legislature is in session, every registered lobbyist
21    shall file interim monthly periodic reports for each month or portion  thereof
22    that  the  legislature is in session, which reports need be signed only by the
23    lobbyist and which shall be filed within ten (10) days of the first day of the
24    month for the activities of the month just past.  In addition, each  lob-
25    byist  shall  within  five  (5)  days after delivery of any written or printed
26    statement , argument or brief  to the legislature or any  committee
27    thereof or the members thereof, file one (1) copy with the secretary of state.
29        (b)  Each such annual and monthly periodic report shall contain:
30        (1)  The  totals  of all expenditures made or incurred by such lobbyist or
31        on behalf of such lobbyist by the lobbyist's employer (not including  pay-
32        ments  made  directly  to  the lobbyist), during the period covered by the
33        report, which totals shall be segregated according to financial  category,
34        including, for example, entertainment, food and refreshments; advertising;
35        providing, however, that reimbursed personal living and travel expenses of
36        a  lobbyist  incurred directly or indirectly for any lobbying purpose need
37        not be reported. The totals of each expenditure of more than fifty dollars
38        ($50.00) for a legislator or other holder of public office shall be  iden-
39        tified  by  date, place, amount, and the names of all members of the state
40        legislature or  holder  s    of  public  office  in  the  group
41        partaking  in  or of such financial category excluding any portion thereof
42        attributable to the lobbyist's participation  therein.  Reported  expendi-
43        tures  for  entertainment,  food and refreshments for legislators or other
44        holders of public office shall be the actual cost  of  the  entertainment,
45        food and refreshments.
46        (2)  In  the case of a lobbyist employed by more than one  (1) 
47        employer, the proportionate amount of such expenditures in  each  category
48        incurred on behalf of each of his employers.
49        (3)  An  itemized listing of each such expenditure made by the lobbyist or
50        by the lobbyist's employer in the nature of a contribution of money or  of
51        tangible  or  intangible personal property to any legislator, or for or on
52        behalf of any legislator. All contributions made to, or  for  the  benefit
53        of,  any  legislator, exempting only those contributions that are required


 1        to be reported under other provisions of law, shall be identified by date,
 2        amount, and the name of the legislator receiving, or to  be  benefited  by
 3        each such contribution.
 4        (c)  Each  such  annual and monthly periodic report shall contain the sub-
 5    ject matter of proposed legislation and the number of  each  senate  or  house
 6    bill,  resolution,  or  other legislative activity which the lobbyist has been
 7    engaged in supporting or opposing during the reporting period; provided,  that
 8    in the case of appropriations bills the lobbyists shall enumerate the specific
 9    section or sections which he supported or opposed.



 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                       Moved by     Callister            

                                       Seconded by  Tippets              

                             IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENT TO S.B. NO. 1227

 1                                AMENDMENT TO SECTION 3
 2        On page 4 of the printed bill, in line 37,   delete  "  fifty  
 3      one  "    and  insert: "fifty"; in line 38, delete " hundred
 4    " and also  in line  38,  delete  " 50.     1
 5    00" and insert: "50.00".

 6                                 CORRECTION TO TITLE
 7        On  page  1,  in  line 8, delete ", TO INCREASE THE CONTRIBUTION AMOUNT BY
 8    LOBBYISTS"; and in line 9, delete "BEFORE REPORTING IS REQUIRED".

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                           RS 09075C1

The purpose of this legislation is to delete language pertaining
to Lobbyist registration and clarifying reporting requirements to
the Secretary of the State's office

                           FISCAL NOTE

There should be no negative fiscal impact to any fund of
government. There may be a positive impact to the state general
fund due to Secretary of State dealing with less paperwork.

CONTACT:  Ben Ysursa, Secretary of State Office
         Office - 332-2852


                                                           S 1227