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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
|||| 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.
|||| 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".
|||| 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
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