2004 Legislation
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HOUSE BILL NO. 777 – Political comm, debt retirement

HOUSE BILL NO. 777

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Bill Status



H0777aaS...................................................by STATE AFFAIRS
POLITICAL COMMITTEES - Amends and adds to existing law to provide
procedures for political committees to retire unpaid debt; to define the
term "unpaid debt"; to revise what the amounts received by a candidate as
contributions that are in excess of any amounts necessary to defray the
candidate's expenditures may be used for; to prohibit the conversion of
contributions to any personal use; to provide when a contribution shall be
considered to be converted to personal use; and to define the term
"candidate."
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to St Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Schaefer, Skippen
    Floor Sponsor - Mr. Speaker
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to St Aff
03/17    Rpt out - to 14th Ord
03/18    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw, Pearce, Sweet
    Floor Sponsor - Sorensen
    Title apvd - to House
03/20    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 62-0-8
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bauer, Clark, Eberle, Harwood, Ridinger,
      Roberts, Smith(24), Trail
    Floor Sponsor -
    Title apvd - To enrol - Rpt enrol - Sp signed
03/20    Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 277
         Effective: 03/23/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 777
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POLITICAL CAMPAIGN FINANCE; AMENDING CHAPTER 66, TITLE  67,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 67-6610B, IDAHO CODE, TO PROVIDE
  4        PROCEDURES FOR POLITICAL COMMITTEES TO RETIRE UNPAID DEBT  AND  TO  DEFINE
  5        THE  TERM  "UNPAID DEBT"; AMENDING SECTION 67-6610C, IDAHO CODE, TO REVISE
  6        WHAT AMOUNTS RECEIVED BY A CANDIDATE AS CONTRIBUTIONS THAT ARE  IN  EXCESS
  7        OF ANY AMOUNT NECESSARY TO DEFRAY THE CANDIDATE'S EXPENDITURES MAY BE USED
  8        FOR,   TO PROHIBIT THE CONVERSION OF CONTRIBUTIONS TO ANY PERSONAL USE, TO
  9        PROVIDE WHEN A CONTRIBUTION SHALL BE CONSIDERED TO BE  CONVERTED  TO  PER-
 10        SONAL USE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 67-6610B, Idaho Code, and to read as follows:
                                                                        
 15        67-6610B.  RETIRING DEBT.  If a political committee organized on behalf of
 16    a  candidate  has unpaid debt at the end of the reporting periods specified in
 17    section 67-6607(a)(2) or 67-6607(a)(6), Idaho Code,  then  the  committee  may
 18    accept  additional contributions to retire such unpaid debt, provided the con-
 19    tributions do not exceed the applicable contribution limits prescribed.
 20        For the purposes of this section "unpaid debt" means any  unpaid  monetary
 21    obligation  incurred by the political committee as listed on the reports filed
 22    through the postelection report period minus any cash balance reported on  the
 23    postelection report. Outstanding loans are considered a type of "unpaid debt."
                                                                        
 24        SECTION  2.  That Section 67-6610C, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        67-6610C.  USE OF CONTRIBUTIONS  FOR  CERTAIN  PURPOSES  BY  CANDIDATE  OR
 27    OFFICEHOLDER.  Amounts  received  by  a candidate as contributions that are in
 28    excess of any amount necessary to  defray  his  expenditures,  and  any  other
 29    amounts contributed to an individual for the purpose of supporting his activi-
 30    ties  as  a holder of any state, county, city, school district or other public
 31    office in this state other than a federal office, may be used by the candidate
 32    or individual, as the case may  be,  to  defray  any  ordinary  and  necessary
 33    expenses  incurred  in connection with his duties as such officeholder, or may
 34    be used by the candidate as follows:
 35        (1)  Ffor any other lawful purpose, including transfers without limitation
 36    to any national, state or local committee of any  political  party  or  to  an
 37    organization  that is exempt from taxation under section 501(c)(3), 501(c)(4),
 38    501(c)(6), 501(c)(8),  501(c)(10),  501(c)(19)  or  501(d)  of  the  iInternal
 39    rRevenue  cCode and is exempt from income taxation under title 63, Idaho Code,
 40    as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or
 41    veterans organization or as a nonprofit volunteer fire  department,  or  as  a
                                                                        
                                           2
                                                                        
  1    nonprofit  volunteer  rescue  squad,  or  as a nonprofit volunteer educational
  2    booster group, parent-teacher organization or association; except that no such
  3    amounts may
  4        (2)  For any ordinary and necessary expenses associated  with  any  public
  5    office  the  candidate  may  hold. No funds other than contributions regulated
  6    under this chapter shall be used pursuant to this  section.  No  contributions
  7    shall be converted by any person to any personal use, other than to defray any
  8    ordinary and necessary expenses incurred in connection with his duties as such
  9    officeholder. For the purpose of this section, a contribution shall be consid-
 10    ered  to  be  converted to personal use if the contribution is used to fulfill
 11    any commitment, obligation, or expense of a person that would exist  irrespec-
 12    tive  of  the  candidate's  election  campaign or the individual's duties as a
 13    holder of public office.
                                                                        
 14        SECTION 3.  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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Sorensen            
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 777
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 2 of the printed bill, delete lines 14 through 16 and insert:
  3        "SECTION 3.  That Section 67-6602, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        67-6602.  DEFINITIONS.  As  used in this chapter, the following terms have
  6    the following meanings:
  7        (a)  "Candidate" means an individual who has taken affirmative  action  to
  8    seek nomination or election to public office. An individual shall be deemed to
  9    have  taken  affirmative  action to seek such nomination or election to public
 10    office when he first:
 11        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 12        facilities with intent to promote his candidacy for office; or
 13        (2)  Announces publicly or files for office.
 14        (3)  For  purposes of this chapter, an incumbent shall be presumed to be a
 15        candidate in the subsequent election for his or her office.  Contributions
 16        received  by  an  incumbent  candidate  shall not be in excess of the pre-
 17        scribed contribution limits for  the  subsequent  election  by  which  the
 18        incumbent  candidate's name would first appear on the ballot. An incumbent
 19        shall no longer be a candidate for his or her office  after  the  deadline
 20        for the filing of a declaration of candidacy to first appear on the ballot
 21        for that office has expired.
 22        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 23    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 24    of money or anything of value, and any contract, agreement, promise  or  other
 25    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 26    for services rendered or to be rendered, but does not include reimbursement of
 27    expenses if such reimbursement does not exceed the  amount  actually  expended
 28    for such expenses and is substantiated by an itemization of such expenses.
 29        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 30    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 31    or  transfer of money or anything of value, and any contract, agreement, prom-
 32    ise or other obligation, whether or not legally enforceable, to make a contri-
 33    bution, in support of or in opposition to any candidate,  political  committee
 34    or measure. Such term also includes personal funds or other property of a can-
 35    didate  or  members of his household expended or transferred to cover expendi-
 36    tures incurred in support of such candidate  but  does  not  include  personal
 37    funds  used  to pay the candidate filing fee. Such term also includes the ren-
 38    dering of personal and professional services for less than full consideration,
 39    but does not include ordinary home hospitality or the rendering of "part-time"
 40    personal services of the sort commonly performed by volunteer campaign workers
 41    or advisors or incidental  expenses  not  in  excess  of  twenty-five  dollars
 42    ($25.00)  personally  paid  for  by any volunteer campaign worker. "Part-time"
 43    services for the purposes of this definition, means services  in  addition  to
                                                                        
                                          2
                                                                        
  1    regular  full-time employment, or, in the case of an unemployed person or per-
  2    sons engaged in part-time employment, services rendered  without  compensation
  3    or  reimbursement  of  expenses  from  any  source other than the candidate or
  4    political committee for whom such services are rendered. For the  purposes  of
  5    this  act,  contributions, other than money or its equivalents shall be deemed
  6    to have a money value equivalent to the fair market value of the contribution.
  7        (d)  "Election" means any general, special or primary election.
  8        (e)  "Election campaign" means any campaign in support of or in opposition
  9    to a candidate for election to public office and any campaign in  support  of,
 10    or in opposition to, a measure.
 11        (f)  "Expenditure"  includes any payment, contribution, subscription, dis-
 12    tribution, loan, advance, deposit, or gift of money or anything of value,  and
 13    includes  a  contract,  promise, or agreement, whether or not legally enforce-
 14    able, to make an expenditure. The term "expenditure" also includes  a  promise
 15    to  pay,  a  payment or a transfer of anything of value in exchange for goods,
 16    services, property, facilities or anything of value for the purpose of assist-
 17    ing, benefiting or honoring any public official or candidate, or assisting  in
 18    furthering or opposing any election campaign.
 19        (g)  "Independent  expenditure"  means  any  expenditure by a person for a
 20    communication expressly advocating  the  election,  passage  or  defeat  of  a
 21    clearly  identified candidate or measure that is not made with the cooperation
 22    or with the prior consent of, or in consultation with, or at the  consent  of,
 23    or  in consultation with, or at the request of a suggestion of, a candidate or
 24    any agent or authorized committee of the candidate or political committee sup-
 25    porting or opposing a measure. As used in this subsection, "expressly advocat-
 26    ing" means any communication containing a message advocating election, passage
 27    or defeat including, but not limited to, the name of the candidate or measure,
 28    or expression such as "vote for," "elect," "support," "cast your ballot  for,"
 29    "vote against," "defeat" or "reject."
 30        (h)  "Lobby"  and  "lobbying" each means attempting through contacts with,
 31    or causing others to make contact with, members of the legislature or legisla-
 32    tive committees, to influence the approval, modification or rejection  of  any
 33    legislation by the legislature of the state of Idaho or any committee thereof.
 34    Neither   "lobby"   nor   "lobbying"   includes   an  association's  or  other
 35    organization's act of communicating with the members of  that  association  or
 36    organization.
 37        (i)  "Lobbyist" includes any person who lobbies.
 38        (j)  "Lobbyist's  employer" means the person or persons by whom a lobbyist
 39    is employed, directly or indirectly, and all persons by whom he is compensated
 40    for acting as a lobbyist.
 41        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 42    people for their approval or rejection at an election, including  any  initia-
 43    tive,  referendum  or  revision  of or amendment to the state constitution. An
 44    initiative or referendum proposal shall be deemed a measure  when the attorney
 45    general reviews it and gives it a ballot title.
 46        (l)  "Nonbusiness entity" means any group (of two (2)  or  more  individu-
 47    als),  corporation,  association,  firm, partnership, committee, club or other
 48    organization which:
 49        (1)  Does not have as its principal purpose the conduct of business activ-
 50        ities for profit; and
 51        (2)  Received during the preceding calendar year contributions,  gifts  or
 52        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 53        total receipts for such year.
 54        (m)  "Person"  means  an individual, corporation, association, firm, part-
 55    nership, committee, political party, club or other organization  or  group  of
                                                                        
                                          3
                                                                        
  1    persons.
  2        (n)  "Political committee" means:
  3        (1)  Any person specifically designated to support or oppose any candidate
  4        or measure; or
  5        (2)  Any  person  who  receives contributions and makes expenditures in an
  6        amount exceeding five hundred dollars ($500) in any calendar year for  the
  7        purpose  of supporting or opposing one (1) or more candidates or measures.
  8        Any entity registered with  the federal election commission shall  not  be
  9        considered a political committee for purposes of this chapter.
 10        (3)  A  county,  district  or regional committee of a recognized political
 11        party shall not be considered a political committee for  the  purposes  of
 12        this  chapter  unless such party committee has expenditures exceeding five
 13        thousand dollars ($5,000) in a calendar year.
 14        (o)  "Political treasurer" means an individual appointed by a candidate or
 15    political committee as provided in section 67-6603, Idaho Code.
 16        (p)  "Public office" means any state office or  position,  state  senator,
 17    state  representative, and judge of the district court that is filled by elec-
 18    tion.
                                                                        
 19        SECTION 4.  An emergency existing  therefor,  which  emergency  is  hereby
 20    declared to exist, this act shall be in full force and effect on and after its
 21    passage and approval.".
                                                                        
 22                                 CORRECTION TO TITLE
 23        On  page  1,  delete  line 10 and insert: "SONAL USE AND TO MAKE TECHNICAL
 24    CORRECTIONS; AMENDING SECTION 67-6602, IDAHO CODE,  TO FURTHER DEFINE THE TERM
 25    "CANDIDATE"; AND DECLARING AN EMERGENCY.".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 777, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POLITICAL CAMPAIGN FINANCE; AMENDING CHAPTER 66, TITLE  67,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 67-6610B, IDAHO CODE, TO PROVIDE
  4        PROCEDURES FOR POLITICAL COMMITTEES TO RETIRE UNPAID DEBT  AND  TO  DEFINE
  5        THE  TERM  "UNPAID DEBT"; AMENDING SECTION 67-6610C, IDAHO CODE, TO REVISE
  6        WHAT AMOUNTS RECEIVED BY A CANDIDATE AS CONTRIBUTIONS THAT ARE  IN  EXCESS
  7        OF ANY AMOUNT NECESSARY TO DEFRAY THE CANDIDATE'S EXPENDITURES MAY BE USED
  8        FOR,   TO PROHIBIT THE CONVERSION OF CONTRIBUTIONS TO ANY PERSONAL USE, TO
  9        PROVIDE WHEN A CONTRIBUTION SHALL BE CONSIDERED TO BE  CONVERTED  TO  PER-
 10        SONAL  USE  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6602,
 11        IDAHO CODE, TO FURTHER DEFINE THE TERM "CANDIDATE"; AND DECLARING AN EMER-
 12        GENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 66, Title 67, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 67-6610B, Idaho Code, and to read as follows:
                                                                        
 17        67-6610B.  RETIRING DEBT.  If a political committee organized on behalf of
 18    a candidate has unpaid debt at the end of the reporting periods  specified  in
 19    section  67-6607(a)(2)  or  67-6607(a)(6),  Idaho Code, then the committee may
 20    accept additional contributions to retire such unpaid debt, provided the  con-
 21    tributions do not exceed the applicable contribution limits prescribed.
 22        For  the  purposes of this section "unpaid debt" means any unpaid monetary
 23    obligation incurred by the political committee as listed on the reports  filed
 24    through  the postelection report period minus any cash balance reported on the
 25    postelection report. Outstanding loans are considered a type of "unpaid debt."
                                                                        
 26        SECTION 2.  That Section 67-6610C, Idaho Code, be, and the same is  hereby
 27    amended to read as follows:
                                                                        
 28        67-6610C.  USE  OF  CONTRIBUTIONS  FOR  CERTAIN  PURPOSES  BY CANDIDATE OR
 29    OFFICEHOLDER. Amounts received by a candidate as  contributions  that  are  in
 30    excess  of  any  amount  necessary  to  defray his expenditures, and any other
 31    amounts contributed to an individual for the purpose of supporting his activi-
 32    ties as a holder of any state, county, city, school district or  other  public
 33    office in this state other than a federal office, may be used by the candidate
 34    or  individual,  as  the  case  may  be,  to defray any ordinary and necessary
 35    expenses incurred in connection with his duties as such officeholder,  or  may
 36    be used by the candidate as follows:
 37        (1)  Ffor any other lawful purpose, including transfers without limitation
 38    to  any  national,  state  or  local committee of any political party or to an
 39    organization that is exempt from taxation under section 501(c)(3),  501(c)(4),
 40    501(c)(6),  501(c)(8),  501(c)(10),  501(c)(19)  or  501(d)  of  the iInternal
 41    rRevenue cCode and is exempt from income taxation under title 63, Idaho  Code,
                                                                        
                                           2
                                                                        
  1    as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or
  2    veterans  organization  or  as  a nonprofit volunteer fire department, or as a
  3    nonprofit volunteer rescue squad, or  as  a  nonprofit  volunteer  educational
  4    booster group, parent-teacher organization or association; except that no such
  5    amounts may
  6        (2)  For  any  ordinary  and necessary expenses associated with any public
  7    office the candidate may hold. No funds  other  than  contributions  regulated
  8    under  this  chapter  shall be used pursuant to this section. No contributions
  9    shall be converted by any person to any personal use, other than to defray any
 10    ordinary and necessary expenses incurred in connection with his duties as such
 11    officeholder. For the purpose of this section, a contribution shall be consid-
 12    ered to be converted to personal use if the contribution is  used  to  fulfill
 13    any  commitment, obligation, or expense of a person that would exist irrespec-
 14    tive of the candidate's election campaign or  the  individual's  duties  as  a
 15    holder of public office.
                                                                        
 16        SECTION  3.  That  Section 67-6602, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        67-6602.  DEFINITIONS. As used in this chapter, the following  terms  have
 19    the following meanings:
 20        (a)  "Candidate"  means  an individual who has taken affirmative action to
 21    seek nomination or election to public office. An individual shall be deemed to
 22    have taken affirmative action to seek such nomination or  election  to  public
 23    office when he first:
 24        (1)  Receives  contributions  or  makes  expenditures or reserves space or
 25        facilities with intent to promote his candidacy for office; or
 26        (2)  Announces publicly or files for office.
 27        (3)  For purposes of this chapter, an incumbent shall be presumed to be  a
 28        candidate  in the subsequent election for his or her office. Contributions
 29        received by an incumbent candidate shall not be  in  excess  of  the  pre-
 30        scribed  contribution  limits  for  the  subsequent  election by which the
 31        incumbent candidate's name would first appear on the ballot. An  incumbent
 32        shall  no  longer  be a candidate for his or her office after the deadline
 33        for the filing of a declaration of candidacy to first appear on the ballot
 34        for that office has expired.
 35        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 36    indebtedness, deposit, distribution, loan, payment, gift, pledge  or  transfer
 37    of  money  or anything of value, and any contract, agreement, promise or other
 38    obligation, whether or not legally enforceable, to do any  of  the  foregoing,
 39    for services rendered or to be rendered, but does not include reimbursement of
 40    expenses  if  such  reimbursement does not exceed the amount actually expended
 41    for such expenses and is substantiated by an itemization of such expenses.
 42        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 43    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 44    or transfer of money or anything of value, and any contract, agreement,  prom-
 45    ise or other obligation, whether or not legally enforceable, to make a contri-
 46    bution,  in  support of or in opposition to any candidate, political committee
 47    or measure. Such term also includes personal funds or other property of a can-
 48    didate or members of his household expended or transferred to  cover  expendi-
 49    tures  incurred  in  support  of  such candidate but does not include personal
 50    funds used to pay the candidate filing fee. Such term also includes  the  ren-
 51    dering of personal and professional services for less than full consideration,
 52    but does not include ordinary home hospitality or the rendering of "part-time"
 53    personal services of the sort commonly performed by volunteer campaign workers
                                                                        
                                           3
                                                                        
  1    or  advisors  or  incidental  expenses  not  in  excess of twenty-five dollars
  2    ($25.00) personally paid for by any  volunteer  campaign  worker.  "Part-time"
  3    services  for  the  purposes of this definition, means services in addition to
  4    regular full-time employment, or, in the case of an unemployed person or  per-
  5    sons  engaged  in part-time employment, services rendered without compensation
  6    or reimbursement of expenses from any  source  other  than  the  candidate  or
  7    political  committee  for whom such services are rendered. For the purposes of
  8    this act, contributions, other than money or its equivalents shall  be  deemed
  9    to have a money value equivalent to the fair market value of the contribution.
 10        (d)  "Election" means any general, special or primary election.
 11        (e)  "Election campaign" means any campaign in support of or in opposition
 12    to  a  candidate for election to public office and any campaign in support of,
 13    or in opposition to, a measure.
 14        (f)  "Expenditure" includes any payment, contribution, subscription,  dis-
 15    tribution,  loan, advance, deposit, or gift of money or anything of value, and
 16    includes a contract, promise, or agreement, whether or  not  legally  enforce-
 17    able,  to  make an expenditure. The term "expenditure" also includes a promise
 18    to pay, a payment or a transfer of anything of value in  exchange  for  goods,
 19    services, property, facilities or anything of value for the purpose of assist-
 20    ing,  benefiting or honoring any public official or candidate, or assisting in
 21    furthering or opposing any election campaign.
 22        (g)  "Independent expenditure" means any expenditure by  a  person  for  a
 23    communication  expressly  advocating  the  election,  passage  or  defeat of a
 24    clearly identified candidate or measure that is not made with the  cooperation
 25    or  with  the prior consent of, or in consultation with, or at the consent of,
 26    or in consultation with, or at the request of a suggestion of, a candidate  or
 27    any agent or authorized committee of the candidate or political committee sup-
 28    porting or opposing a measure. As used in this subsection, "expressly advocat-
 29    ing" means any communication containing a message advocating election, passage
 30    or defeat including, but not limited to, the name of the candidate or measure,
 31    or  expression such as "vote for," "elect," "support," "cast your ballot for,"
 32    "vote against," "defeat" or "reject."
 33        (h)  "Lobby" and "lobbying" each means attempting through  contacts  with,
 34    or causing others to make contact with, members of the legislature or legisla-
 35    tive  committees,  to influence the approval, modification or rejection of any
 36    legislation by the legislature of the state of Idaho or any committee thereof.
 37    Neither  "lobby"  nor  "lobbying"   includes   an   association's   or   other
 38    organization's  act  of  communicating with the members of that association or
 39    organization.
 40        (i)  "Lobbyist" includes any person who lobbies.
 41        (j)  "Lobbyist's employer" means the person or persons by whom a  lobbyist
 42    is employed, directly or indirectly, and all persons by whom he is compensated
 43    for acting as a lobbyist.
 44        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 45    people  for  their approval or rejection at an election, including any initia-
 46    tive, referendum or revision of or amendment to  the  state  constitution.  An
 47    initiative or referendum proposal shall be deemed a measure  when the attorney
 48    general reviews it and gives it a ballot title.
 49        (l)  "Nonbusiness  entity"  means  any group (of two (2) or more individu-
 50    als), corporation, association, firm, partnership, committee,  club  or  other
 51    organization which:
 52        (1)  Does not have as its principal purpose the conduct of business activ-
 53        ities for profit; and
 54        (2)  Received  during  the preceding calendar year contributions, gifts or
 55        membership fees, which in the aggregate exceeded ten percent (10%)  of its
                                                                        
                                           4
                                                                        
  1        total receipts for such year.
  2        (m)  "Person" means an individual, corporation, association,  firm,  part-
  3    nership,  committee,  political  party, club or other organization or group of
  4    persons.
  5        (n)  "Political committee" means:
  6        (1)  Any person specifically designated to support or oppose any candidate
  7        or measure; or
  8        (2)  Any person who receives contributions and makes  expenditures  in  an
  9        amount  exceeding five hundred dollars ($500) in any calendar year for the
 10        purpose of supporting or opposing one (1) or more candidates or  measures.
 11        Any  entity  registered with  the federal election commission shall not be
 12        considered a political committee for purposes of this chapter.
 13        (3)  A county, district or regional committee of  a  recognized  political
 14        party  shall  not  be considered a political committee for the purposes of
 15        this chapter unless such party committee has expenditures  exceeding  five
 16        thousand dollars ($5,000) in a calendar year.
 17        (o)  "Political treasurer" means an individual appointed by a candidate or
 18    political committee as provided in section 67-6603, Idaho Code.
 19        (p)  "Public  office"  means  any state office or position, state senator,
 20    state representative, and judge of the district court that is filled by  elec-
 21    tion.
                                                                        
 22        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 23    declared to exist, this act shall be in full force and effect on and after its
 24    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14060

Section one of the bill clarifies the established procedure that
unpaid debt of a political Committee organized on behalf of a
candidate may be repaid with excess campaign funds and not a new
class of funds.

Section two removed language in Idaho Code 67-6610C, which
currently allows incumbent officeholders to raise funds outside
of the campaign funds subject to the contribution limits set in
Idaho Code 67-6610.  An unintended consequence of the language
currently in Idaho Code 67-6610C was to create a new, distinct
type of fund, not considered "campaign funds".

In 1997, the Legislature passed Senate Bill 1228 amending and
adding to Idaho's campaign finance laws.  The legislative history
of SB1228 reveals extensive discussion and intent relative to
contribution limits on campaign funds for political candidates. 
The language in the Statement of Purpose explained that the
legislation specifies the use of campaign funds and disallows the
conversion to personal use.  This bill removes from Chapter 66,
the language addressing contributions and accounts that are not
campaign contributions with associated limits.


                          FISCAL IMPACT

This bill has no fiscal impact to the general fund.




Contact
Name: Ben Ysursa, Secretary of State 
Phone: 208/334-2300
Name: Lawrence Wasden, Attorney General
Phone: 208/334-2400
Name: Speaker of the House Bruce Newcomb
      Rep. Lawrence Denney
Phone: 208/332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                        H 777