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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
NAYS--None
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
NAYS--None
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
S1227|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1227, As Amended in the House BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE SUNSHINE LAW; AMENDING SECTION 67-6602, IDAHO CODE, TO 3 FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 4 67-6617, IDAHO CODE, TO DELETE LANGUAGE REGARDING A LOBBYIST'S EMPLOYER 5 BEING A NONBUSINESS ENTITY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 6 SECTION 67-6619, IDAHO CODE, TO DELETE A REQUIREMENT THAT A LOBBYIST WHO 7 SUBMITS WRITTEN MATTER TO THE LEGISLATURE MUST ALSO SUBMIT COPIES TO THE 8 SECRETARY OF STATE AND TO MAKE TECHNICAL CORRECTIONS. 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- 2 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 tenper cent52 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. 3 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, but41not limited to, business and trade associations) whose members include, or42which as a representative entity undertakes lobbying activities for, busi-43nesses, groups, associations or organizations, the name and address of44each member of such entity or person represented by such entity whose45fees, dues, payments or other consideration paid to such entity during46either of the prior two (2) years have exceeded five hundred dollars47($500) or who is obligated to or has agreed to pay fees, dues, payments or48other consideration exceeding five hundred dollars ($500) to such entity49during 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 4 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-25byist shall within five (5) days after delivery of any written or printed26statement29 (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 5 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., argument or briefto the legislature or any committee 27 thereof or the members thereof, file one (1) copy with the secretary of state. 28
AS1227|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved 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 "fifty3 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
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
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1227