2001 Legislation
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SENATE BILL NO. 1164 – Campaign finance, magistrate judges

SENATE BILL NO. 1164

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Daily Data Tracking History



S1164aa....................................................by STATE AFFAIRS
ELECTION CAMPAIGN FINANCE - Amends existing law to provide that the chapter
on election campaign contributions and expenditures shall apply to
magistrate retention elections.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to St Aff
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/27    To 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Noh, Sims
    Floor Sponsor -- Davis
    Title apvd - to House
03/14    House intro - 1st rdg - to St Aff
03/19    Rpt out - rec d/p - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - PASSED - 59-0-10(1 vacant)
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(20), Gagner, Gould,
      Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Kellogg,
      Langford, Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Field(13), Henbest, Jones, Kendell,
      Kunz, Lake, Mader, Moyle, Pischner
      Vacant -- Dist. #23
    Floor Sponsor -- Moss
    Title apvd - to Senate
03/26    To enrol - rpt enrol - Pres signed
03/28    Sp signed - to Governor
04/02    Governor signed
         Session Law Chapter 291
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1164
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; AMENDING SECTION
  3        67-6602, IDAHO CODE, TO CLARIFY THAT, FOR PURPOSES  OF  THE  CHAPTER,  THE
  4        DEFINITION  OF  "PUBLIC  OFFICE"  INCLUDES MAGISTRATE JUDGES AND TO MAKE A
  5        TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 67-6602, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        67-6602.  DEFINITIONS.  As  used  in this act chapter, the following terms
 10    have the following meanings:
 11        (a)  "Candidate" means an individual who has taken affirmative  action  to
 12    seek nomination or election to public office. An individual shall be deemed to
 13    have  taken  affirmative  action to seek such nomination or election to public
 14    office when he first:
 15        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 16        facilities with intent to promote his candidacy for office; or
 17        (2)  Announces publicly or files for office.
 18        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 19    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 20    of money or anything of value, and any contract, agreement, promise  or  other
 21    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 22    for services rendered or to be rendered, but does not include reimbursement of
 23    expenses if such reimbursement does not exceed the  amount  actually  expended
 24    for such expenses and is substantiated by an itemization of such expenses.
 25        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 26    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 27    or  transfer of money or anything of value, and any contract, agreement, prom-
 28    ise or other obligation, whether or not legally enforceable, to make a contri-
 29    bution, in support of or in opposition to any candidate,  political  committee
 30    or measure. Such term also includes personal funds or other property of a can-
 31    didate  or  members of his household expended or transferred to cover expendi-
 32    tures incurred in support of such candidate  but  does  not  include  personal
 33    funds  used  to pay the candidate filing fee. Such term also includes the ren-
 34    dering of personal and professional services for less than full consideration,
 35    but does not include ordinary home hospitality or the rendering of "part-time"
 36    personal services of the sort commonly performed by volunteer campaign workers
 37    or advisors or incidental  expenses  not  in  excess  of  twenty-five  dollars
 38    ($25.00)  personally  paid  for  by any volunteer campaign worker. "Part-time"
 39    services for the purposes of this definition, means services  in  addition  to
 40    regular  full-time employment, or, in the case of an unemployed person or per-
 41    sons engaged in part-time employment, services rendered  without  compensation
 42    or  reimbursement  of  expenses  from  any  source other than the candidate or
 43    political committee for whom such services are rendered. For the  purposes  of
                                                                        
                                           2
                                                                        
  1    this  act,  contributions, other than money or its equivalents shall be deemed
  2    to have a money value equivalent to the fair market value of the contribution.
  3        (d)  "Election" means any general, special or primary election.
  4        (e)  "Election campaign" means any campaign in support of or in opposition
  5    to a candidate for election to public office and any campaign in  support  of,
  6    or in opposition to, a measure.
  7        (f)  "Expenditure"  includes any payment, contribution, subscription, dis-
  8    tribution, loan, advance, deposit, or gift of money or anything of value,  and
  9    includes  a  contract,  promise, or agreement, whether or not legally enforce-
 10    able, to make an expenditure. The term "expenditure" also includes  a  promise
 11    to  pay,  a  payment or a transfer of anything of value in exchange for goods,
 12    services, property, facilities or anything of value for the purpose of assist-
 13    ing, benefiting or honoring any public official or candidate, or assisting  in
 14    furthering or opposing any election campaign.
 15        (g)  "Independent  expenditure"  means  any  expenditure by a person for a
 16    communication expressly advocating  the  election,  passage  or  defeat  of  a
 17    clearly  identified candidate or measure that is not made with the cooperation
 18    or with the prior consent of, or in consultation with, or at the  consent  of,
 19    or  in consultation with, or at the request of a suggestion of, a candidate or
 20    any agent or authorized committee of the candidate or political committee sup-
 21    porting or opposing a measure. As used in this subsection, "expressly advocat-
 22    ing" means any communication containing a message advocating election, passage
 23    or defeat including, but not limited to, the name of the candidate or measure,
 24    or expression such as "vote for," "elect," "support," "cast your ballot  for,"
 25    "vote against," "defeat" or "reject."
 26        (h)  "Lobby"  and  "lobbying" each means attempting through contacts with,
 27    or causing others to make contact with, members of the legislature or legisla-
 28    tive committees, to influence the approval, modification or rejection  of  any
 29    legislation by the legislature of the state of Idaho or any committee thereof.
 30    Neither   "lobby"   nor   "lobbying"   includes   an  association's  or  other
 31    organization's act of communicating with the members of  that  association  or
 32    organization.
 33        (i)  "Lobbyist" includes any person who lobbies.
 34        (j)  "Lobbyist's  employer" means the person or persons by whom a lobbyist
 35    is employed, directly or indirectly, and all persons by whom he is compensated
 36    for acting as a lobbyist.
 37        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 38    people for their approval or rejection at an election, including  any  initia-
 39    tive,  referendum  or  revision  of or amendment to the state constitution. An
 40    initiative or referendum proposal shall be deemed a measure  when the attorney
 41    general reviews it and gives it a ballot title.
 42        (l)  "Nonbusiness entity" means any group (of two (2)  or  more  individu-
 43    als),  corporation,  association,  firm, partnership, committee, club or other
 44    organization which:
 45        (1)  Does not have as its principal purpose the conduct of business activ-
 46        ities for profit; and
 47        (2)  Received during the preceding calendar year contributions,  gifts  or
 48        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 49        total receipts for such year.
 50        (m)  "Person"  means  an individual, corporation, association, firm, part-
 51    nership, committee, political party, club or other organization  or  group  of
 52    persons.
 53        (n)  "Political committee" means:
 54        (1)  Any person specifically designated to support or oppose any candidate
 55        or measure; or
                                                                        
                                           3
                                                                        
  1        (2)  Any  person  who  receives contributions and makes expenditures in an
  2        amount exceeding five hundred dollars ($500) in any calendar year for  the
  3        purpose  of supporting or opposing one (1) or more candidates or measures.
  4        Any entity registered with the federal election commission  shall  not  be
  5        considered a political committee for purposes of this chapter.
  6        (3)  A  county,  district  or regional committee of a recognized political
  7        party  shall not be considered a political committee for the  purposes  of
  8        this  chapter  unless such party committee has expenditures exceeding five
  9        thousand dollars ($5,000) in a calendar year.
 10        (o)  "Political treasurer" means an individual appointed by a candidate or
 11    political committee as provided in section 67-6603, Idaho Code.
 12        (p)  "Public office" means any state office or position,  including  state
 13    senator,  state  representative,  magistrate  judge, and judge of the district
 14    court that is filled by election.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1164
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 3 of the printed bill, in line 12, delete "including" and  insert:
  3    "including"; and in line 13, delete "magistrate judge,".
                                                                        
  4                                AMENDMENT TO THE BILL
  5        On page 1, following line 6, insert:
  6        "SECTION  1.  That  Chapter  22,  Title 1, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 1-2220A, Idaho Code, and to read as follows:
                                                                        
  9        1-2220A.  REPORTING  OF  CAMPAIGN CONTRIBUTIONS AND EXPENDITURES -- MAGIS-
 10    TRATE RETENTION ELECTIONS. The provisions of sections 67-6601 through 67-6616,
 11    Idaho Code, and sections 67-6623 through 67-6629, Idaho Code, insofar as  they
 12    relate to the reporting of campaign contributions and expenditures, are hereby
 13    made  applicable  to  all magistrate retention elections except that, with the
 14    exception of section 67-6623(f), the clerk of the district court  shall  stand
 15    in  place  of  the secretary of state as it relates to the provisions cited in
 16    this section.";
 17    and in line 7, delete "1" and insert: "2".
                                                                        
 18                                   CORRECTIONS TO TITLE
 19        On page 1, in line 2, following "EXPENDITURES;" insert: "AMENDING  CHAPTER
 20    22, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 1-2220A, IDAHO CODE,
 21    TO  PROVIDE  THAT CERTAIN LAWS RELATING TO THE REPORTING OF CAMPAIGN CONTRIBU-
 22    TIONS AND EXPENDITURES SHALL APPLY TO MAGISTRATE RETENTION ELECTIONS AND  THAT
 23    THE  CLERK  OF  THE  DISTRICT  COURT  SHALL STAND IN PLACE OF THE SECRETARY OF
 24    STATE;"; in line 3, delete "THAT, FOR PURPOSES OF THE CHAPTER,"; and  in  line
 25    4, delete "INCLUDES MAGISTRATE JUDGES".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1164, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; AMENDING CHAPTER
  3        22, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION  1-2220A,  IDAHO
  4        CODE,  TO  PROVIDE THAT CERTAIN LAWS RELATING TO THE REPORTING OF CAMPAIGN
  5        CONTRIBUTIONS AND EXPENDITURES SHALL APPLY TO MAGISTRATE  RETENTION  ELEC-
  6        TIONS AND THAT THE CLERK OF THE DISTRICT COURT SHALL STAND IN PLACE OF THE
  7        SECRETARY  OF  STATE; AMENDING SECTION 67-6602, IDAHO CODE, TO CLARIFY THE
  8        DEFINITION OF "PUBLIC OFFICE" AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Chapter 22, Title 1, Idaho Code,  be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 1-2220A, Idaho Code, and to read as follows:
                                                                        
 13        1-2220A.  REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES  --  MAGIS-
 14    TRATE RETENTION ELECTIONS. The provisions of sections 67-6601 through 67-6616,
 15    Idaho  Code, and sections 67-6623 through 67-6629, Idaho Code, insofar as they
 16    relate to the reporting of campaign contributions and expenditures, are hereby
 17    made applicable to all magistrate retention elections except  that,  with  the
 18    exception  of  section 67-6623(f), the clerk of the district court shall stand
 19    in place of the secretary of state as it relates to the  provisions  cited  in
 20    this section.
                                                                        
 21        SECTION  2.  That  Section 67-6602, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        67-6602.  DEFINITIONS. As used in this act chapter,  the  following  terms
 24    have the following meanings:
 25        (a)  "Candidate"  means  an individual who has taken affirmative action to
 26    seek nomination or election to public office. An individual shall be deemed to
 27    have taken affirmative action to seek such nomination or  election  to  public
 28    office when he first:
 29        (1)  Receives  contributions  or  makes  expenditures or reserves space or
 30        facilities with intent to promote his candidacy for office; or
 31        (2)  Announces publicly or files for office.
 32        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 33    indebtedness, deposit, distribution, loan, payment, gift, pledge  or  transfer
 34    of  money  or anything of value, and any contract, agreement, promise or other
 35    obligation, whether or not legally enforceable, to do any  of  the  foregoing,
 36    for services rendered or to be rendered, but does not include reimbursement of
 37    expenses  if  such  reimbursement does not exceed the amount actually expended
 38    for such expenses and is substantiated by an itemization of such expenses.
 39        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 40    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 41    or transfer of money or anything of value, and any contract, agreement,  prom-
                                                                        
                                           2
                                                                        
  1    ise or other obligation, whether or not legally enforceable, to make a contri-
  2    bution,  in  support of or in opposition to any candidate, political committee
  3    or measure. Such term also includes personal funds or other property of a can-
  4    didate or members of his household expended or transferred to  cover  expendi-
  5    tures  incurred  in  support  of  such candidate but does not include personal
  6    funds used to pay the candidate filing fee. Such term also includes  the  ren-
  7    dering of personal and professional services for less than full consideration,
  8    but does not include ordinary home hospitality or the rendering of "part-time"
  9    personal services of the sort commonly performed by volunteer campaign workers
 10    or  advisors  or  incidental  expenses  not  in  excess of twenty-five dollars
 11    ($25.00) personally paid for by any  volunteer  campaign  worker.  "Part-time"
 12    services  for  the  purposes of this definition, means services in addition to
 13    regular full-time employment, or, in the case of an unemployed person or  per-
 14    sons  engaged  in part-time employment, services rendered without compensation
 15    or reimbursement of expenses from any  source  other  than  the  candidate  or
 16    political  committee  for whom such services are rendered. For the purposes of
 17    this act, contributions, other than money or its equivalents shall  be  deemed
 18    to have a money value equivalent to the fair market value of the contribution.
 19        (d)  "Election" means any general, special or primary election.
 20        (e)  "Election campaign" means any campaign in support of or in opposition
 21    to  a  candidate for election to public office and any campaign in support of,
 22    or in opposition to, a measure.
 23        (f)  "Expenditure" includes any payment, contribution, subscription,  dis-
 24    tribution,  loan, advance, deposit, or gift of money or anything of value, and
 25    includes a contract, promise, or agreement, whether or  not  legally  enforce-
 26    able,  to  make an expenditure. The term "expenditure" also includes a promise
 27    to pay, a payment or a transfer of anything of value in  exchange  for  goods,
 28    services, property, facilities or anything of value for the purpose of assist-
 29    ing,  benefiting or honoring any public official or candidate, or assisting in
 30    furthering or opposing any election campaign.
 31        (g)  "Independent expenditure" means any expenditure by  a  person  for  a
 32    communication  expressly  advocating  the  election,  passage  or  defeat of a
 33    clearly identified candidate or measure that is not made with the  cooperation
 34    or  with  the prior consent of, or in consultation with, or at the consent of,
 35    or in consultation with, or at the request of a suggestion of, a candidate  or
 36    any agent or authorized committee of the candidate or political committee sup-
 37    porting or opposing a measure. As used in this subsection, "expressly advocat-
 38    ing" means any communication containing a message advocating election, passage
 39    or defeat including, but not limited to, the name of the candidate or measure,
 40    or  expression such as "vote for," "elect," "support," "cast your ballot for,"
 41    "vote against," "defeat" or "reject."
 42        (h)  "Lobby" and "lobbying" each means attempting through  contacts  with,
 43    or causing others to make contact with, members of the legislature or legisla-
 44    tive  committees,  to influence the approval, modification or rejection of any
 45    legislation by the legislature of the state of Idaho or any committee thereof.
 46    Neither  "lobby"  nor  "lobbying"   includes   an   association's   or   other
 47    organization's  act  of  communicating with the members of that association or
 48    organization.
 49        (i)  "Lobbyist" includes any person who lobbies.
 50        (j)  "Lobbyist's employer" means the person or persons by whom a  lobbyist
 51    is employed, directly or indirectly, and all persons by whom he is compensated
 52    for acting as a lobbyist.
 53        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 54    people  for  their approval or rejection at an election, including any initia-
 55    tive, referendum or revision of or amendment to  the  state  constitution.  An
                                                                        
                                           3
                                                                        
  1    initiative or referendum proposal shall be deemed a measure  when the attorney
  2    general reviews it and gives it a ballot title.
  3        (l)  "Nonbusiness  entity"  means  any group (of two (2) or more individu-
  4    als), corporation, association, firm, partnership, committee,  club  or  other
  5    organization which:
  6        (1)  Does not have as its principal purpose the conduct of business activ-
  7        ities for profit; and
  8        (2)  Received  during  the preceding calendar year contributions, gifts or
  9        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 10        total receipts for such year.
 11        (m)  "Person" means an individual, corporation, association,  firm,  part-
 12    nership,  committee,  political  party, club or other organization or group of
 13    persons.
 14        (n)  "Political committee" means:
 15        (1)  Any person specifically designated to support or oppose any candidate
 16        or measure; or
 17        (2)  Any person who receives contributions and makes  expenditures  in  an
 18        amount  exceeding five hundred dollars ($500) in any calendar year for the
 19        purpose of supporting or opposing one (1) or more candidates or  measures.
 20        Any  entity  registered  with the federal election commission shall not be
 21        considered a political committee for purposes of this chapter.
 22        (3)  A county, district or regional committee of  a  recognized  political
 23        party    shall not be considered a political committee for the purposes of
 24        this chapter unless such party committee has expenditures  exceeding  five
 25        thousand dollars ($5,000) in a calendar year.
 26        (o)  "Political treasurer" means an individual appointed by a candidate or
 27    political committee as provided in section 67-6603, Idaho Code.
 28        (p)  "Public  office"  means any state office or position, including state
 29    senator, state representative, and judge of the district court that is  filled
 30    by election.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE
                                
                            RS 11046
                                
To make more plain and clarify that the state election campaign
laws apply to Magistrate Judges.
     
                       FISCAL IMPACT
                                

No fiscal impact.

Contact
Name: Senator Bart M. Davis 
Phone: (208) 332-1339




STATEMENT OF PURPOSE/FISCAL NOTE              S 116