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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
]]]] 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.
]]]] 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.".
]]]] 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
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