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H0707......................................................by STATE AFFAIRS
LOBBYING - Amends existing law relating to lobbying to require persons
attempting to influence executive or administrative actions for
compensation at the state level to register and file annual and periodic
reports with the Secretary of State.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to St Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Crow, Mr. Speaker
Floor Sponsors - Clark & Jaquet
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Davis, Kelly & Langhorst
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 106
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 707
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ACTIONS AND EXPENDITURES BY LOBBYISTS; AMENDING SECTION 67-6601,
3 IDAHO CODE, TO INCLUDE ATTEMPTING TO INFLUENCE EXECUTIVE OR ADMINISTRATIVE
4 ACTIONS IN THE PURPOSE OF THE ACT; AMENDING SECTION 67-6602, IDAHO CODE,
5 TO ADD THE DEFINITION OF "EXECUTIVE OFFICIAL," TO PROVIDE THAT THE DEFINI-
6 TION OF "LOBBY" AND "LOBBYING" SHALL ALSO MEAN COMMUNICATING WITH AN EXEC-
7 UTIVE OFFICIAL FOR THE PURPOSE OF INFLUENCING THE CONSIDERATION, AMEND-
8 MENT, ADOPTION OR REJECTION OF ANY RULE OR RULEMAKING, OR ANY RATEMAKING
9 DECISION, PROCUREMENT, CONTRACT, BID OR BID PROCESS, FINANCIAL SERVICES
10 AGREEMENT OR BOND ISSUE AND TO PROVIDE THAT NEITHER "LOBBY" NOR "LOBBYING"
11 INCLUDES COMMUNICATING WITH AN EXECUTIVE OFFICIAL FOR THE PURPOSE OF CAR-
12 RYING OUT ONGOING NEGOTIATIONS FOLLOWING THE AWARD OF A BID OR A CONTRACT,
13 COMMUNICATIONS INVOLVING ONGOING LEGAL WORK AND NEGOTIATIONS CONDUCTED BY
14 AND WITH ATTORNEYS FOR EXECUTIVE AGENCIES, INTERACTIONS BETWEEN PARTIES IN
15 LITIGATION OR OTHER CONTESTED MATTERS, OR COMMUNICATIONS AMONG AND BETWEEN
16 MEMBERS OF THE LEGISLATURE AND EXECUTIVE OFFICIALS AND THEIR EMPLOYEES OR
17 BY STATE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITY OR WITHIN THE
18 COURSE AND SCOPE OF THEIR EMPLOYMENT; AMENDING SECTION 67-6618, IDAHO
19 CODE, TO PROVIDE THAT APPEARANCES OR PARTICIPATION IN PUBLIC MEETINGS,
20 PUBLIC HEARINGS OR PUBLIC PROCEEDINGS HELD OR INITIATED BY EXECUTIVE OFFI-
21 CIALS OR THEIR EMPLOYEES SHALL BE EXEMPT FROM REGISTRATION AND REPORTING
22 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6619, IDAHO CODE,
23 TO PROVIDE THAT LOBBYISTS COVERED UNDER THIS ACT WHOSE LOBBYING ACTIVITIES
24 ARE CONFINED ONLY TO EXECUTIVE OFFICIALS SHALL BE REQUIRED TO FILE INTERIM
25 PERIODIC REPORTS SEMIANNUALLY, TO INCLUDE EXECUTIVE OFFICIALS IN THE
26 EXPENDITURE REPORTING REQUIREMENTS AND TO REQUIRE THAT SEMIANNUAL PERIODIC
27 REPORTS CONTAIN THE SUBJECT MATTER OF ANY RULE, RATEMAKING DECISION, PRO-
28 CUREMENT, CONTRACT, BID OR BID PROCESS, FINANCIAL SERVICES AGREEMENT OR
29 BOND ISSUE WHICH THE LOBBYIST HAS BEEN ENGAGED IN SUPPORTING OR OPPOSING
30 DURING THE REPORTING PERIOD AND TO MAKE A TECHNICAL CORRECTION.
31 Be It Enacted by the Legislature of the State of Idaho:
32 SECTION 1. That Section 67-6601, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-6601. PURPOSE OF ACT. The purpose of this act is:
35 (a) To promote public confidence in government; and
36 (b) To promote openness in government and avoiding secrecy by those giv-
37 ing financial support to state election campaigns and those promoting or
38 opposing legislation or attempting to influence executive or administrative
39 actions for compensation at the state level.
40 SECTION 2. That Section 67-6602, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 67-6602. DEFINITIONS. As used in this chapter, the following terms have
2 the following meanings:
3 (a) "Candidate" means an individual who has taken affirmative action to
4 seek nomination or election to public office. An individual shall be deemed to
5 have taken affirmative action to seek such nomination or election to public
6 office when he first:
7 (1) Receives contributions or makes expenditures or reserves space or
8 facilities with intent to promote his candidacy for office; or
9 (2) Announces publicly or files for office.
10 (3) For purposes of this chapter, an incumbent shall be presumed to be a
11 candidate in the subsequent election for his or her office. Contributions
12 received by an incumbent candidate shall not be in excess of the pre-
13 scribed contribution limits for the subsequent election by which the
14 incumbent candidate's name would first appear on the ballot. An incumbent
15 shall no longer be a candidate for his or her office after the deadline
16 for the filing of a declaration of candidacy to first appear on the ballot
17 for that office has expired.
18 (b) "Compensation" includes any advance, conveyance, forgiveness of
19 indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer
20 of money or anything of value, and any contract, agreement, promise or other
21 obligation, whether or not legally enforceable, to do any of the foregoing,
22 for services rendered or to be rendered, but does not include reimbursement of
23 expenses if such reimbursement does not exceed the amount actually expended
24 for such expenses and is substantiated by an itemization of such expenses.
25 (c) "Contribution" includes any advance, conveyance, forgiveness of
26 indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
27 or transfer of money or anything of value, and any contract, agreement, prom-
28 ise or other obligation, whether or not legally enforceable, to make a contri-
29 bution, in support of or in opposition to any candidate, political committee
30 or measure. Such term also includes personal funds or other property of a can-
31 didate or members of his household expended or transferred to cover expendi-
32 tures incurred in support of such candidate but does not include personal
33 funds used to pay the candidate filing fee. Such term also includes the ren-
34 dering of personal and professional services for less than full consideration,
35 but does not include ordinary home hospitality or the rendering of "part-time"
36 personal services of the sort commonly performed by volunteer campaign workers
37 or advisors or incidental expenses not in excess of twenty-five dollars
38 ($25.00) personally paid for by any volunteer campaign worker. "Part-time"
39 services for the purposes of this definition, means services in addition to
40 regular full-time employment, or, in the case of an unemployed person or per-
41 sons engaged in part-time employment, services rendered without compensation
42 or reimbursement of expenses from any source other than the candidate or
43 political committee for whom such services are rendered. For the purposes of
44 this act, contributions, other than money or its equivalents shall be deemed
45 to have a money value equivalent to the fair market value of the contribution.
46 (d) "Election" means any general, special or primary election.
47 (e) "Election campaign" means any campaign in support of or in opposition
48 to a candidate for election to public office and any campaign in support of,
49 or in opposition to, a measure.
50 (f) (1) "Electioneering communication" means any communication broadcast
51 by television or radio, printed in a newspaper or on a billboard, directly
52 mailed or delivered by hand to personal residences, or telephone calls
53 made to personal residences, or otherwise distributed that:
54 (i) Unambiguously refers to any candidate; and
55 (ii) Is broadcasted, printed, mailed, delivered, made or distributed
3
1 within thirty (30) days before a primary election or sixty (60) days
2 before a general election; and
3 (iii) Is broadcasted to, printed in a newspaper, distributed to,
4 mailed to or delivered by hand to, telephone calls made to, or
5 otherwise distributed to an audience that includes members of the
6 electorate for such public office.
7 (2) "Electioneering communication" does not include:
8 (i) Any news articles, editorial endorsements, opinion or commen-
9 tary, writings, or letter to the editor printed in a newspaper, maga-
10 zine, or other periodical not owned or controlled by a candidate or
11 political party;
12 (ii) Any editorial endorsements or opinions aired by a broadcast
13 facility not owned or controlled by a candidate or political party;
14 (iii) Any communication by persons made in the regular course and
15 scope of their business or any communication made by a membership
16 organization solely to members of such organization and their fami-
17 lies;
18 (iv) Any communication which refers to any candidate only as part of
19 the popular name of a bill or statute;
20 (v) A communication which constitutes an expenditure or an indepen-
21 dent expenditure under this chapter.
22 (g) "Executive official" means:
23 (1) The governor, lieutenant governor, secretary of state, state control-
24 ler, state treasurer, attorney general, and superintendent of public
25 instruction;
26 (2) A state department or agency director, deputy director, division
27 administrator or bureau chief as established and enumerated in sections
28 67-2402 and 67-2406, Idaho Code;
29 (3) The membership and the executive or chief administrative officer of
30 any board or commission that is authorized to make rules or conduct rule-
31 making activities pursuant to section 67-5201, Idaho Code;
32 (4) The membership and the executive or chief administrative officer of
33 any board or commission that governs any of the state departments enumer-
34 ated in section 67-2402, Idaho Code, not including public school dis-
35 tricts;
36 (5) The membership and the executive or chief administrative officer of
37 the Idaho public utilities commission, the Idaho industrial commission,
38 and the Idaho state tax commission; and
39 (6) The members of the governing board of the state insurance fund, and
40 the members of the governing board and the executive or chief administra-
41 tive officer of the Idaho housing and finance association, the Idaho
42 energy resources authority, and the Idaho state building authority.
43 (h) "Expenditure" includes any payment, contribution, subscription, dis-
44 tribution, loan, advance, deposit, or gift of money or anything of value, and
45 includes a contract, promise, or agreement, whether or not legally enforce-
46 able, to make an expenditure. The term "expenditure" also includes a promise
47 to pay, a payment or a transfer of anything of value in exchange for goods,
48 services, property, facilities or anything of value for the purpose of assist-
49 ing, benefiting or honoring any public official or candidate, or assisting in
50 furthering or opposing any election campaign.
51 (hi) "Independent expenditure" means any expenditure by a person for a
52 communication expressly advocating the election, passage or defeat of a
53 clearly identified candidate or measure that is not made with the cooperation
54 or with the prior consent of, or in consultation with, or at the consent of,
55 or in consultation with, or at the request of a suggestion of, a candidate or
4
1 any agent or authorized committee of the candidate or political committee sup-
2 porting or opposing a measure. As used in this subsection, "expressly advocat-
3 ing" means any communication containing a message advocating election, passage
4 or defeat including, but not limited to, the name of the candidate or measure,
5 or expression such as "vote for," "elect," "support," "cast your ballot for,"
6 "vote against," "defeat" or "reject."
7 (ij) "Lobby" and "lobbying" each means attempting through contacts with,
8 or causing others to make contact with, members of the legislature or legisla-
9 tive committees or an executive official, to influence the approval, modifica-
10 tion or rejection of any legislation by the legislature of the state of Idaho
11 or any committee thereof or by the governor, and shall also mean communicating
12 with an executive official for the purpose of influencing the consideration,
13 amendment, adoption or rejection of any rule or rulemaking as defined in sec-
14 tion 67-5201, Idaho Code, or any ratemaking decision, procurement, contract,
15 bid or bid process, financial services agreement, or bond issue. Neither
16 "lobby" nor "lobbying" includes an association's or other organization's act
17 of communicating with the members of that association or organization; and
18 provided that neither "lobby" nor "lobbying" includes communicating with an
19 executive official for the purpose of carrying out ongoing negotiations fol-
20 lowing the award of a bid or a contract, communications involving ongoing
21 legal work and negotiations conducted by and with attorneys for executive
22 agencies, interactions between parties in litigation or other contested mat-
23 ters, or communications among and between members of the legislature and exec-
24 utive officials and their employees, or by state employees while acting in
25 their official capacity or within the course and scope of their employment.
26 (jk) "Lobbyist" includes any person who lobbies.
27 (kl) "Lobbyist's employer" means the person or persons by whom a lobbyist
28 is employed, directly or indirectly, and all persons by whom he is compensated
29 for acting as a lobbyist.
30 (lm) "Measure" means any proposal, to be voted statewide, submitted to
31 the people for their approval or rejection at an election, including any ini-
32 tiative, referendum or revision of or amendment to the state constitution. An
33 initiative or referendum proposal shall be deemed a measure when the attorney
34 general reviews it and gives it a ballot title.
35 (mn) "Nonbusiness entity" means any group (of two (2) or more individu-
36 als), corporation, association, firm, partnership, committee, club or other
37 organization which:
38 (1) Does not have as its principal purpose the conduct of business activ-
39 ities for profit; and
40 (2) Received during the preceding calendar year contributions, gifts or
41 membership fees, which in the aggregate exceeded ten percent (10%) of its
42 total receipts for such year.
43 (no) "Person" means an individual, corporation, association, firm, part-
44 nership, committee, political party, club or other organization or group of
45 persons.
46 (op) "Political committee" means:
47 (1) Any person specifically designated to support or oppose any candidate
48 or measure; or
49 (2) Any person who receives contributions and makes expenditures in an
50 amount exceeding five hundred dollars ($500) in any calendar year for the
51 purpose of supporting or opposing one (1) or more candidates or measures.
52 Any entity registered with the federal election commission shall not be
53 considered a political committee for purposes of this chapter.
54 (3) A county, district or regional committee of a recognized political
55 party shall not be considered a political committee for the purposes of
5
1 this chapter unless such party committee has expenditures exceeding five
2 thousand dollars ($5,000) in a calendar year.
3 (pq) "Political treasurer" means an individual appointed by a candidate
4 or political committee as provided in section 67-6603, Idaho Code.
5 (qr) "Public office" means any state office or position, state senator,
6 state representative, and judge of the district court that is filled by elec-
7 tion.
8 SECTION 3. That Section 67-6618, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-6618. EXEMPTION FROM REGISTRATION. The following persons and activi-
11 ties shall be exempt from registration and reporting under sections 67-6617
12 and 67-6619, Idaho Code:
13 (a) Persons who limit their lobbying activities to appearances before
14 public sessions of committees of the legislature or to appearances or partici-
15 pation in public meetings, public hearings or public proceedings held or ini-
16 tiated by executive officials or their employees.
17 (b) Persons who are employees of an entity engaged in the business of
18 publishing, broadcasting or televising, while engaged in the gathering and
19 dissemination of news and comment thereon to the general public in the ordi-
20 nary course of business.
21 (c) Persons who do not receive any compensation for lobbying and persons
22 whose compensation for lobbying does not exceed two hundred fifty dollars
23 ($250) in the aggregate during any calendar quarter, including persons who
24 lobby on behalf of their employer or employers, and the lobbying activity rep-
25 resents less than the equivalent of two hundred fifty dollars ($250) of the
26 employee's time per calendar year quarter, based on an hourly proration of
27 said employee's compensation.
28 (d) Elected state officers and state executive officers appointed by the
29 governor subject to confirmation by the senate; elected officials of political
30 subdivisions of the state of Idaho, acting in their official capacity.
31 (e) A person who represents a bona fide church (of which he is a member)
32 solely for the purpose of protecting the constitutional right to the free
33 exercise of religion.
34 (f) (1) Employees of a corporation, if such corporation:
35 (ai) Has registered as a lobbyist pursuant to chapter 66, title 67,
36 Idaho Code, and
37 (bii) Has designated one (1) or more of its employees as its offi-
38 cial lobbyist, and
39 (ciii) The person so designated by the corporation has also regis-
40 tered as a lobbyist.
41 (2) The corporation and the lobbyist designated pursuant to this subsec-
42 tion shall fully and accurately report all expenditures made by employees
43 who are exempt hereunder, in the manner and at the times required by sec-
44 tion 67-6618, Idaho Code, and, in addition thereto, shall report the names
45 of all employees who make or authorize expenditures in the aggregate sum
46 of fifty dollars ($50.00) or more during any calendar year on behalf of
47 the corporate lobbying activities.
48 SECTION 4. That Section 67-6619, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-6619. REPORTING BY LOBBYISTS. (a) Any lobbyist registered under sec-
51 tion 67-6617, Idaho Code, shall file with the secretary of state an annual
6
1 report of his activities signed by both the lobbyist and the lobbyist's
2 employers. The reports shall be made in the form and manner prescribed by the
3 secretary of state and shall be filed on January 31. In addition to the annual
4 report, while the legislature is in session, every registered lobbyist shall
5 file interim monthly periodic reports for each month or portion thereof that
6 the legislature is in session, which reports need be signed only by the lobby-
7 ist and which shall be filed within ten (10) days of the first day of the
8 month for the activities of the month just past, provided, however, that any
9 lobbyist covered under this chapter whose lobbying activities are confined
10 only to executive officials shall be required to file interim periodic reports
11 semiannually, which reports need be signed only by the lobbyist.
12 (b) Each such annual, semiannual and monthly periodic report shall con-
13 tain:
14 (1) The totals of all expenditures made or incurred by such lobbyist or
15 on behalf of such lobbyist by the lobbyist's employer (not including pay-
16 ments made directly to the lobbyist), during the period covered by the
17 report, which totals shall be segregated according to financial category,
18 including, for example, entertainment, food and refreshments; advertising;
19 providing, however, that reimbursed personal living and travel expenses of
20 a lobbyist incurred directly or indirectly for any lobbying purpose need
21 not be reported. The totals of each expenditure of more than fifty dollars
22 ($50.00) for a legislator or other holder of public office or executive
23 official shall be identified by date, place, amount, and the names of all
24 members of the state legislature or holders of public office or executive
25 officials in the group partaking in or of such financial category exclud-
26 ing any portion thereof attributable to the lobbyist's participation
27 therein. Reported expenditures for entertainment, food and refreshments
28 for legislators or other holders of public office or executive officials
29 shall be the actual cost of the entertainment, food and refreshments.
30 (2) In the case of a lobbyist employed by more than one (1) employer, the
31 proportionate amount of such expenditures in each category incurred on
32 behalf of each of his employers.
33 (3) An itemized listing of each such expenditure made by the lobbyist or
34 by the lobbyist's employer in the nature of a contribution of money or of
35 tangible or intangible personal property to any legislator or executive
36 official, or for or on behalf of any legislator or executive official. All
37 contributions made to, or for the benefit of, any legislator or executive
38 official, exempting only those contributions that are required to be
39 reported under other provisions of law, shall be identified by date,
40 amount, and the name of the legislator or executive official receiving, or
41 to be benefited by each such contribution.
42 (c) Each such annual, semiannual and monthly periodic report shall con-
43 tain the subject matter of proposed legislation and the number of each senate
44 or house bill, resolution, or other legislative activity or any rule,
45 ratemaking decision, procurement, contract, bid or bid process, financial ser-
46 vices agreement or bond which the lobbyist has been engaged in supporting or
47 opposing during the reporting period; provided, that in the case of appropria-
48 tions bills the lobbyists shall enumerate the specific section or sections
49 which he supported or opposed.
STATEMENT OF PURPOSE
RS 16006C2
This bill would add executive branch lobbyists and lobbying activities
to Idaho's sunshine laws.
Currently, individuals who are paid to contact legislators outside of
public sessions of legislative committees, must register with the
Secretary of State and file reports of expenditures on lobbying
activities.
This bill would require persons who attempt to influence executive or
administrative actions for compensation at the state level, to
register with the Secretary of State, as do legislative lobbyists, and
to file semi-annual reports of lobbying activities and expenditures.
FISCAL NOTE
Because the responsibility for registering and recording reports of
executive branch lobbyists would be added to the existing system and
procedures for legislative lobbyists, this bill would have a minimal
fiscal impact on the state general fund. Depending upon the number of
new lobbyists who register and report, there may be some costs to the
Secretary of State's office for additional staff time spent in
reviewing, filing and reconciling annual and periodic reports, and for
minor modifications in software and web site postings. Whether any
additional staff will be needed depends on whether there is a
significant increase in workload. There is no fiscal impact on any
other state funds or any local government funds.
Contact
Names: Rep. Bruce Newcomb, Speaker, 332-1111
Rep. Lawerence Denny, Majority Leader, 332-1120
Rep. Mike Moyle, Asst. Majority Leader, 332-1120
Rep. Julie Ellsworth, Maj. Caucus Chair, 332-1120
Rep. Jim Clark, 332-1000
Rep. Wendy Jaquet, Minority Leader, 332-1130
Rep. George Sayler, Asst. Minority Leader, 332-1130
Rep. Elmer Martinez, Min. Caucus Chair, 332-1130
Sen. Bart Davis, Majority Leader, 332-1306
Sen. Joe Stegner, Asst. Majority Leader, 332-1308
Sen. Clint Stennett, Minority Leader, 332-1351
Sen. Kate Kelly, 332-1405
Sen. David Langhorst, 332-1348
STATEMENT OF PURPOSE/FISCAL NOTE H 707