2003 Legislation
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HOUSE BILL NO. 245 – Campaign finance rpt/person defined


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Daily Data Tracking History

H0245.........................................................by STATE AFFAIRS
CAMPAIGN FINANCE REPORTING - Amends existing law to redefine "person" in the
campaign finance reporting law to provide application to political
subdivisions of the state of Idaho.
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to St Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 245
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 67-6602, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        67-6602.  DEFINITIONS.  As  used in this chapter, the following terms have
  9    the following meanings:
 10        (a)  "Candidate" means an individual who has taken affirmative  action  to
 11    seek nomination or election to public office. An individual shall be deemed to
 12    have  taken  affirmative  action to seek such nomination or election to public
 13    office when he first:
 14        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 15        facilities with intent to promote his candidacy for office; or
 16        (2)  Announces publicly or files for office.
 17        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 18    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 19    of money or anything of value, and any contract, agreement, promise  or  other
 20    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 21    for services rendered or to be rendered, but does not include reimbursement of
 22    expenses if such reimbursement does not exceed the  amount  actually  expended
 23    for such expenses and is substantiated by an itemization of such expenses.
 24        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 25    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 26    or  transfer of money or anything of value, and any contract, agreement, prom-
 27    ise or other obligation, whether or not legally enforceable, to make a contri-
 28    bution, in support of or in opposition to any candidate,  political  committee
 29    or measure. Such term also includes personal funds or other property of a can-
 30    didate  or  members of his household expended or transferred to cover expendi-
 31    tures incurred in support of such candidate  but  does  not  include  personal
 32    funds  used  to pay the candidate filing fee. Such term also includes the ren-
 33    dering of personal and professional services for less than full consideration,
 34    but does not include ordinary home hospitality or the rendering of "part-time"
 35    personal services of the sort commonly performed by volunteer campaign workers
 36    or advisors or incidental  expenses  not  in  excess  of  twenty-five  dollars
 37    ($25.00)  personally  paid  for  by any volunteer campaign worker. "Part-time"
 38    services for the purposes of this definition, means services  in  addition  to
 39    regular  full-time employment, or, in the case of an unemployed person or per-
 40    sons engaged in part-time employment, services rendered  without  compensation
 41    or  reimbursement  of  expenses  from  any  source other than the candidate or
 42    political committee for whom such services are rendered. For the  purposes  of
 43    this  act,  contributions, other than money or its equivalents shall be deemed
  1    to have a money value equivalent to the fair market value of the contribution.
  2        (d)  "Election" means any general, special or primary election.
  3        (e)  "Election campaign" means any campaign in support of or in opposition
  4    to a candidate for election to public office and any campaign in  support  of,
  5    or in opposition to, a measure.
  6        (f)  "Expenditure"  includes any payment, contribution, subscription, dis-
  7    tribution, loan, advance, deposit, or gift of money or anything of value,  and
  8    includes  a  contract,  promise, or agreement, whether or not legally enforce-
  9    able, to make an expenditure. The term "expenditure" also includes  a  promise
 10    to  pay,  a  payment or a transfer of anything of value in exchange for goods,
 11    services, property, facilities or anything of value for the purpose of assist-
 12    ing, benefiting or honoring any public official or candidate, or assisting  in
 13    furthering or opposing any election campaign.
 14        (g)  "Independent  expenditure"  means  any  expenditure by a person for a
 15    communication expressly advocating  the  election,  passage  or  defeat  of  a
 16    clearly  identified candidate or measure that is not made with the cooperation
 17    or with the prior consent of, or in consultation with, or at the  consent  of,
 18    or  in consultation with, or at the request of a suggestion of, a candidate or
 19    any agent or authorized committee of the candidate or political committee sup-
 20    porting or opposing a measure. As used in this subsection, "expressly advocat-
 21    ing" means any communication containing a message advocating election, passage
 22    or defeat including, but not limited to, the name of the candidate or measure,
 23    or expression such as "vote for," "elect," "support," "cast your ballot  for,"
 24    "vote against," "defeat" or "reject."
 25        (h)  "Lobby"  and  "lobbying" each means attempting through contacts with,
 26    or causing others to make contact with, members of the legislature or legisla-
 27    tive committees, to influence the approval, modification or rejection  of  any
 28    legislation by the legislature of the state of Idaho or any committee thereof.
 29    Neither   "lobby"   nor   "lobbying"   includes   an  association's  or  other
 30    organization's act of communicating with the members of  that  association  or
 31    organization.
 32        (i)  "Lobbyist" includes any person who lobbies.
 33        (j)  "Lobbyist's  employer" means the person or persons by whom a lobbyist
 34    is employed, directly or indirectly, and all persons by whom he is compensated
 35    for acting as a lobbyist.
 36        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 37    people for their approval or rejection at an election, including  any  initia-
 38    tive,  referendum  or  revision  of or amendment to the state constitution. An
 39    initiative or referendum proposal shall be deemed a measure  when the attorney
 40    general reviews it and gives it a ballot title.
 41        (l)  "Nonbusiness entity" means any group (of two (2)  or  more  individu-
 42    als),  corporation,  association,  firm, partnership, committee, club or other
 43    organization which:
 44        (1)  Does not have as its principal purpose the conduct of business activ-
 45        ities for profit; and
 46        (2)  Received during the preceding calendar year contributions,  gifts  or
 47        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 48        total receipts for such year.
 49        (m)  "Person"  means  an individual, corporation, association, firm, part-
 50    nership, committee, political party, club or other organization  or  group  of
 51    persons.  "Person"  also means any political subdivision of the state of Idaho
 52    that engages in any of the conduct or activities within the  purview  of  this
 53    chapter,  provided  that inclusion of such political subdivisions shall not be
 54    construed as a source of authority for engaging in such conduct or activities.
 55        (n)  "Political committee" means:
  1        (1)  Any person specifically designated to support or oppose any candidate
  2        or measure; or
  3        (2)  Any person who receives contributions and makes  expenditures  in  an
  4        amount  exceeding five hundred dollars ($500) in any calendar year for the
  5        purpose of supporting or opposing one (1) or more candidates or  measures.
  6        Any  entity  registered  with the federal election commission shall not be
  7        considered a political committee for purposes of this chapter.
  8        (3)  A county, district or regional committee of  a  recognized  political
  9        party  shall  not  be considered a political committee for the purposes of
 10        this chapter unless such party committee has expenditures  exceeding  five
 11        thousand dollars ($5,000) in a calendar year.
 12        (o)  "Political treasurer" means an individual appointed by a candidate or
 13    political committee as provided in section 67-6603, Idaho Code.
 14        (p)  "Public  office"  means  any state office or position, state senator,
 15    state representative, and judge of the district court that is filled by  elec-
 16    tion.
 17        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 18    declared to exist, this act shall be in full force and effect on and after its
 19    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12824
This legislation would bring political subdivisions of the state
of Idaho within the requirements of the Sunshine Act.  Any such
governmental entity would be required to report expenditures made
for political activities.  The provision makes it clear that the
inclusion of these entities in the Sunshine Act does not, in
itself, grant any authority to carry on lobbying or political
campaigning.  Any such authority must be provided under
appropriate enabling laws.  The reporting requirements of the
Sunshine Act would apply whether or not the governmental agency
was acting lawfully in lobbying or campaigning. 
                          FISCAL IMPACT

There would be no fiscal impact on the state.  The legislation
would likely result in some fiscal impact for political
subdivisions that do engage in lobbying and /or campaigning. 

Name: Rep. Jim Clark 
Phone: 332-1245

STATEMENT OF PURPOSE/FISCAL NOTE                      H 245