2001 Legislation
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HOUSE BILL NO. 175 – Poll, persuasive, defined

HOUSE BILL NO. 175

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Daily Data Tracking History



H0175......................................................by STATE AFFAIRS
POLLS - PERSUASIVE - Amends existing law to clarify the definition of a
persuasive poll; and to provide for penalties and prosecution.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to St Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 65-2-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- Hornbeck, Sali
      Absent and excused -- Crow, Mortensen, Swan
    Floor Sponsor -- Jaquet
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to St Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsors -- Geddes & Stennett
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 106
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 175
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CAMPAIGN CONTRIBUTIONS; AMENDING SECTION 67-6629, IDAHO  CODE,  TO
  3        CLARIFY  THE  DEFINITION OF A PERSUASIVE POLL AND TO MAKE A TECHNICAL COR-
  4        RECTION; AND AMENDING SECTION 67-6625, IDAHO CODE,  TO  CLARIFY  PENALTIES
  5        AND VENUE FOR PROSECUTION AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 67-6629, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        67-6629.  PERSUASIVE POLL CONCERNING CANDIDATE  MUST  IDENTIFY  PERSON  OR
 10    ENTITY PAYING FOR POLL. (1) If a person, candidate, political party or politi-
 11    cal committee requests or compensates a person to:
 12        (a)  Conduct  or cause to be conducted a persuasive poll by telephone con-
 13        cerning a candidate; or
 14        (b)  Produce automated or computerized messages by telephone to conduct  a
 15        persuasive poll concerning a candidate.
 16    The  person  conducting  the  poll shall, at the end of the poll, disclose the
 17    name and telephone number of the person, candidate, political party or politi-
 18    cal committee that requested or compensated the person for the poll.
 19        (2)  As used in this section, "persuasive poll" means  the  canvassing  of
 20    persons,  by means other than an established method of scientific sampling, by
 21    asking questions or other information concerning a candidate which is designed
 22    to provide information that is negative or derogatory about the  candidate  or
 23    his  family  designed to advocate the election, approval or defeat of a candi-
 24    date or measure. The term does not include a poll that is  conducted  only  to
 25    measure the public's opinion about or reaction to an issue, fact or theme.
 26        (3)  A  violation of the provisions of this section shall be punished pun-
 27    ishable as provided in section 67-6625, Idaho Code.
                                                                        
 28        SECTION 2.  That Section 67-6625, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        67-6625.  VIOLATIONS  --  CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION
 31    -- LIMITATION -- VENUE. (a) Any person who violates the provisions of  section
 32    67-6603 through 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), or 67-6624 or
 33    67-6629,  Idaho  Code, shall be liable for a civil fine not to exceed two hun-
 34    dred fifty dollars ($250) if an individual, and not  more  than  two  thousand
 35    five hundred dollars ($2,500) if a person other than an individual. The burden
 36    of  proof  for such civil liability shall be met by showing a preponderance of
 37    the evidence.
 38        (b)  Any person who violates section 67-6605 or  67-6621(b),  Idaho  Code,
 39    and  any  person  who knowingly and willfully violates section 67-6603 through
 40    67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), or 67-6624 or 67-6629,  Idaho
 41    Code,  is  guilty  of  a  misdemeanor and, upon conviction, in addition to the
                                                                        
                                           2
                                                                        
  1    fines set forth in subsection (a) of this section, may be imprisoned  for  not
  2    more than six (6) months or be both fined and imprisoned.
  3        (c)  The  attorney  general  or  the  appropriate prosecuting attorney may
  4    prosecute any violations of this act.
  5        (d)  Prosecution for violation of this act must be  commenced  within  two
  6    (2) years after the date on which the violation occurred.
  7        (e)  Venue  for  prosecution under the provisions of this chapter shall be
  8    in the county of residence of the defendant if the defendant is a resident  of
  9    the state of Idaho, otherwise venue shall be in Ada county.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10916
                                
   The purpose of this legislation is to amend section 67-6629 of Idaho
   Code relating to campaign contributions. The act clarifies the
   definition of a "persuasive poll" in section 2, to mean a canvassing of
   persons, which is designed to advocate the approval or defeat of a
   candidate or measure, while removing the terms "negative" and
   "derogatory" from the definition. The act also clarifies the penalties
   applicable to the violation of the code making it comparable to
   existing code for other campaign techniques.
   
   
   
   
                          FISCAL IMPACT
                                
                                
                                
   There will be no fiscal impact.
   
   
   
   
   
   
   
   
   STATEMENT OF PURPOSE/FISCAL NOTE                         H 175
   
   
   
   Contact
          Name:    Rep. Wendy Jaquet
          Phone:   332 1130