2000 Legislation
Print Friendly

HOUSE BILL NO. 478, As Amended – Election, candidate, polls/identity

HOUSE BILL NO. 478, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0478aa....................................................by STATE AFFAIRS
CANDIDATES - POLLS - Adds to existing law to provide that persuasive polls
concerning a candidate must identify the person or entity paying for the
poll; and to provide procedures.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to St Aff
02/15    Rpt out - to Gen Ord
02/22    Rpt out amen - to engros
02/23    Rpt engros - 1st rdg - to 2nd rdg as amen
02/24    2nd rdg - to 3rd rdg as amen
02/25    3rd rdg as amen - PASSED - 39-16-15
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Cheirrett, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Hansen(23), Henbest, Jaquet, Judd, Lake, Linford, Mader, Marley,
      Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sellman, Shepherd, Smylie, Stoicheff,
      Stone, Zimmermann
      NAYS -- Crow, Gagner, Geddes, Hadley, Hammond, Hornbeck, Kempton,
      Kendell, Kunz, Loertscher, McKague, Sali, Schaefer, Tilman, Wheeler,
      Wood
      Absent and excused -- Alltus, Callister, Campbell, Chase, Clark,
      Gould, Hansen(29), Jones, Kellogg, Mortensen, Smith, Stevenson,
      Taylor, Trail(Miller), Mr Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/28    Senate intro - 1st rdg as amen - to St Aff
03/07    Rpt out - rec d/p - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/28    3rd rdg as amen - PASSED - 24-4-7
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Danielson,
      Darrington, Deide, Dunklin, Frasure, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, McLaughlin, Noh, Riggs, Risch, Schroeder,
      Sorensen, Stegner, Wheeler, Williams
      NAYS--Branch, Davis, Hawkins, Thorne
      Absent and excused--Cameron, Geddes, Parry, Richardson, Sandy,
      Stennett, Whitworth
    Floor Sponsor - Dunklin
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 153
         Effective: 04/03/00

Bill Text


 H0478
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 478, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POLITICAL CAMPAIGNS; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 67-6629, IDAHO CODE, TO PROVIDE THAT PERSUA-
  4        SIVE POLLS CONCERNING A CANDIDATE MUST IDENTIFY THE PERSON OR ENTITY  PAY-
  5        ING  FOR  THE POLL, TO PROVIDE PROCEDURES, TO DEFINE A TERM AND TO PROVIDE
  6        PENALTIES; AND DECLARING AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 66, Title 67, Idaho Code, be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 67-6629, Idaho Code, and to read as follows:
                                                                        
 11        67-6629.  PERSUASIVE POLL CONCERNING CANDIDATE  MUST  IDENTIFY  PERSON  OR
 12    ENTITY PAYING FOR POLL. (1)  If a person, candidate, political party or polit-
 13    ical committee requests or compensates a person to:
 14        (a)  Conduct  or cause to be conducted a persuasive poll by telephone con-
 15        cerning a candidate; or
 16        (b)  Produce automated or computerized messages by telephone to conduct  a
 17        persuasive poll concerning a candidate.
 18    The  person  conducting  the  poll shall, at the end of the poll, disclose the
 19    name and telephone number of the person, candidate, political party or politi-
 20    cal committee that requested or compensated the person for the poll.
 21        (2)  As used in this section, "persuasive poll" means  the  canvassing  of
 22    persons,  by means other than an established method of scientific sampling, by
 23    asking questions or other information concerning a candidate which is designed
 24    to provide information that is negative or derogatory about the  candidate  or
 25    his  family.   The term does not include a poll that is conducted only to mea-
 26    sure the public's opinion about or reaction to an issue, fact or theme.
 27        (3)  A violation of the provisions of this section shall  be  punished  as
 28    provided in section 67-6625, Idaho Code.
                                                                        
 29        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval.

Amendment


 AH0478
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Ellsworth           
                                                                        
                                                     Seconded by Jaquet              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 478
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1  of  the  printed  bill,  in  line  12,  following  "a"  insert:
  3    "person,"; and in line 19, following "the" insert: "person,".
                                                                        
  4                                AMENDMENT TO SECTION 2
  5        On  page  1,  in line 29, following "2." delete the remainder of the line,
  6    delete line 30, and insert:
  7        "An emergency existing therefor, which emergency  is  hereby  declared  to
  8    exist, this act shall be in full force and effect on and after its passage and
  9    approval.".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On  page  1, delete line 6, and insert: "PENALTIES; AND DECLARING AN EMER-
 12    GENCY.".

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                            RS 09620 

The purpose of this legislation is to promote fairness in 
using political statements via telephone messages. This 
legislation extends the requirement for a clear disclosure 
of the person financing the political statement that already 
exists for printed and broadcast material to communication 
by telephone.

                          FISCAL IMPACT

There is no fiscal impact. 

CONTACT: 
Name: Rep. Wendy Jaquet
Phone: 208/332-1133

STATEMENT OF PURPOSE/FISCAL NOTE                      H 478