2002 Legislation
Print Friendly

SENATE BILL NO. 1446 – Political ads, paid, disclosure

SENATE BILL NO. 1446

View Daily Data Tracking History

View Bill Text

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



S1446......................................................by STATE AFFAIRS
POLITICAL ADS - Amends and adds to existing law to provide requirements for
disclosures of paid political advertising advocating or opposing candidates
or measures and for independent expenditures; and to clarify that
persuasive poll requirements also apply to measures.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1446
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DISCLOSURES  OF  PAID  POLITICAL  ADVERTISING;  REPEALING  SECTION
  3        67-6614A,  IDAHO  CODE;  AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 67-6614A, IDAHO CODE,  TO  PROVIDE  REQUIREMENTS
  5        FOR  DISCLOSURES OF PAID POLITICAL ADVERTISING ADVOCATING OR OPPOSING CAN-
  6        DIDATES OR MEASURES AND FOR  INDEPENDENT  EXPENDITURES;  AMENDING  SECTION
  7        67-6629,  IDAHO  CODE,  TO  CLARIFY THAT PERSUASIVE POLL REQUIREMENTS ALSO
  8        APPLY TO MEASURES; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 67-6614A, Idaho Code, be, and the same is  hereby
 11    repealed.
 12
 13        SECTION  2.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
 14    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 15    ignated as Section 67-6614A, Idaho Code, and to read as follows:
                                                                        
 16        67-6614A.  DISCLOSURES  OF  PAID POLITICAL ADVERTISING. (1) In addition to
 17    other requirements provided by law, no political committee,  person  or  other
 18    entity shall cause any written material, photograph or broadcast which written
 19    material, photograph or broadcast was not in existence on January 1, 2002 sup-
 20    porting  or  opposing any candidate or measure for any election to be printed,
 21    posted, broadcast, mailed, circulated or otherwise published  to  the  general
 22    public  unless it states the name and address of the political committee, per-
 23    son or other entity authorizing or paying for the costs  of  the  publication,
 24    including  a  statement that the publication was authorized by that committee,
 25    person or entity.
 26        (2)  Whenever a political committee, person or other entity makes an inde-
 27    pendent expenditure on a political communication to the  general  public  that
 28    advocates   the election or defeat of a clearly identified candidate, or which
 29    uses a candidate's name or image within sixty (60) days prior to an  election,
 30    the  communication  shall  include  a  statement  which identifies by name and
 31    address any political committee, person or other entity that paid for  it.  It
 32    shall  also clearly state that the communication is not authorized by the can-
 33    didate or the candidate's principal campaign committee.
                                                                        
 34        SECTION 3.  That Section 67-6629, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        67-6629.  PERSUASIVE  POLL  CONCERNING  CANDIDATE OR MEASURE MUST IDENTIFY
 37    PERSON OR ENTITY PAYING FOR POLL. (1) If a person, candidate, political  party
 38    or political committee requests or compensates a person to:
 39        (a)  Conduct  or cause to be conducted a persuasive poll by telephone con-
 40        cerning a candidate or measure; or
 41        (b)  Produce automated or computerized messages by telephone to conduct  a
                                                                        
                                           2
                                                                        
  1        persuasive poll concerning a candidate or measure.
  2    The  person  conducting  the  poll shall, at the end of the poll, disclose the
  3    name and telephone number of the person, candidate, political party or politi-
  4    cal committee that requested or compensated the person for the poll.
  5        (2)  As used in this section, "persuasive poll" means  the  canvassing  of
  6    persons,  by means other than an established method of scientific sampling, by
  7    asking questions or other information concerning a candidate which is designed
  8    to  provide information that is designed to advocate the election, approval or
  9    defeat of a candidate or measure. The term does not include  a  poll  that  is
 10    conducted  only to measure the public's opinion about or reaction to an issue,
 11    fact or theme.
 12        (3)  A violation of the provisions of this section shall be punishable  as
 13    provided in section 67-6625, Idaho Code.
                                                                        
 14        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 15    declared to exist, this act shall be in full force and effect on and after its
 16    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 11873C1

At the 2000 Republican State Convention, a resolution was adopted 
promoting the concept of truth in sponsorship of campaign 
advertising. In the past, unscrupulous political associations 
have sponsored less than truthful campaign advertising and covered 
their identity. Such ads often appear in last moments prior to an 
election and there is no recourse or accountability for the 
injustice. This legislation is modeled after the Stand By Your 
Ad/Truth in Sponsorship Resolution and tightens the disclosure 
requirements in political advertising.


                     FISCAL IMPACT



Unless costs would occur as the result of investigation of 
additional complaints, none.





Contact
Name:	John Goedde
Phone:	332-1355



STATEMENT OF PURPOSE/FISCAL NOTE		S 1446