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S1365......................................................by STATE AFFAIRS LOBBYISTS - Amends existing law to further define "lobbying," "lobby" and "public office"; and to revise information that must be submitted by lobbyists in reports. 02/09 Senate intro - 1st rdg - to printing 02/10 Rpt prt - to St Aff 02/13 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Keough Floor Sponsors - Kelly, Davis & Langhorst Title apvd - to House 02/23 House intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 IN THE SENATE SENATE BILL NO. 1365 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LOBBYISTS; AMENDING SECTION 67-6602, IDAHO CODE, TO FURTHER DEFINE 3 "LOBBY" OR "LOBBYING" AND "PUBLIC OFFICE"; AND AMENDING SECTION 67-6619, 4 IDAHO CODE, TO REVISE INFORMATION THAT MUST BE SUBMITTED BY LOBBYISTS IN 5 REPORTS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-6602, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-6602. DEFINITIONS. As used in this chapter, the following terms have 10 the following meanings: 11 (a) "Candidate" means an individual who has taken affirmative action to 12 seek nomination or election to public office. An individual shall be deemed to 13 have taken affirmative action to seek such nomination or election to public 14 office when he first: 15 (1) Receives contributions or makes expenditures or reserves space or 16 facilities with intent to promote his candidacy for office; or 17 (2) Announces publicly or files for office. 18 (3) For purposes of this chapter, an incumbent shall be presumed to be a 19 candidate in the subsequent election for his or her office. Contributions 20 received by an incumbent candidate shall not be in excess of the pre- 21 scribed contribution limits for the subsequent election by which the 22 incumbent candidate's name would first appear on the ballot. An incumbent 23 shall no longer be a candidate for his or her office after the deadline 24 for the filing of a declaration of candidacy to first appear on the ballot 25 for that office has expired. 26 (b) "Compensation" includes any advance, conveyance, forgiveness of 27 indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer 28 of money or anything of value, and any contract, agreement, promise or other 29 obligation, whether or not legally enforceable, to do any of the foregoing, 30 for services rendered or to be rendered, but does not include reimbursement of 31 expenses if such reimbursement does not exceed the amount actually expended 32 for such expenses and is substantiated by an itemization of such expenses. 33 (c) "Contribution" includes any advance, conveyance, forgiveness of 34 indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription 35 or transfer of money or anything of value, and any contract, agreement, prom- 36 ise or other obligation, whether or not legally enforceable, to make a contri- 37 bution, in support of or in opposition to any candidate, political committee 38 or measure. Such term also includes personal funds or other property of a can- 39 didate or members of his household expended or transferred to cover expendi- 40 tures incurred in support of such candidate but does not include personal 41 funds used to pay the candidate filing fee. Such term also includes the ren- 42 dering of personal and professional services for less than full consideration, 43 but does not include ordinary home hospitality or the rendering of "part-time" 2 1 personal services of the sort commonly performed by volunteer campaign workers 2 or advisors or incidental expenses not in excess of twenty-five dollars 3 ($25.00) personally paid for by any volunteer campaign worker. "Part-time" 4 services for the purposes of this definition, means services in addition to 5 regular full-time employment, or, in the case of an unemployed person or per- 6 sons engaged in part-time employment, services rendered without compensation 7 or reimbursement of expenses from any source other than the candidate or 8 political committee for whom such services are rendered. For the purposes of 9 this act, contributions, other than money or its equivalents shall be deemed 10 to have a money value equivalent to the fair market value of the contribution. 11 (d) "Election" means any general, special or primary election. 12 (e) "Election campaign" means any campaign in support of or in opposition 13 to a candidate for election to public office and any campaign in support of, 14 or in opposition to, a measure. 15 (f) (1) "Electioneering communication" means any communication broadcast 16 by television or radio, printed in a newspaper or on a billboard, directly 17 mailed or delivered by hand to personal residences, or telephone calls 18 made to personal residences, or otherwise distributed that: 19 (i) Unambiguously refers to any candidate; and 20 (ii) Is broadcasted, printed, mailed, delivered, made or distributed 21 within thirty (30) days before a primary election or sixty (60) days 22 before a general election; and 23 (iii) Is broadcasted to, printed in a newspaper, distributed to, 24 mailed to or delivered by hand to, telephone calls made to, or other- 25 wise distributed to an audience that includes members of the elector- 26 ate for such public office. 27 (2) "Electioneering communication" does not include: 28 (i) Any news articles, editorial endorsements, opinion or commen- 29 tary, writings, or letter to the editor printed in a newspaper, maga- 30 zine, or other periodical not owned or controlled by a candidate or 31 political party; 32 (ii) Any editorial endorsements or opinions aired by a broadcast 33 facility not owned or controlled by a candidate or political party; 34 (iii) Any communication by persons made in the regular course and 35 scope of their business or any communication made by a membership 36 organization solely to members of such organization and their fami- 37 lies; 38 (iv) Any communication which refers to any candidate only as part of 39 the popular name of a bill or statute; 40 (v) A communication which constitutes an expenditure or an indepen- 41 dent expenditure under this chapter. 42 (g) "Expenditure" includes any payment, contribution, subscription, dis- 43 tribution, loan, advance, deposit, or gift of money or anything of value, and 44 includes a contract, promise, or agreement, whether or not legally enforce- 45 able, to make an expenditure. The term "expenditure" also includes a promise 46 to pay, a payment or a transfer of anything of value in exchange for goods, 47 services, property, facilities or anything of value for the purpose of assist- 48 ing, benefiting or honoring any public official or candidate, or assisting in 49 furthering or opposing any election campaign. 50 (h) "Independent expenditure" means any expenditure by a person for a 51 communication expressly advocating the election, passage or defeat of a 52 clearly identified candidate or measure that is not made with the cooperation 53 or with the prior consent of, or in consultation with, or at the consent of, 54 or in consultation with, or at the request of a suggestion of, a candidate or 55 any agent or authorized committee of the candidate or political committee sup- 3 1 porting or opposing a measure. As used in this subsection, "expressly advocat- 2 ing" means any communication containing a message advocating election, passage 3 or defeat including, but not limited to, the name of the candidate or measure, 4 or expression such as "vote for," "elect," "support," "cast your ballot for," 5 "vote against," "defeat" or "reject." 6 (i) "Lobby" and "lobbying" each means attempting through contacts with, 7 or causing others to make contact with, members of the legislature or legisla-8 tive committees,holders of public office to influence the approval, modifica- 9 tion or rejection of any legislation. by the legislature of the state of Idaho10 or any committee thereof.Neither "lobby" nor "lobbying" includes an 11 association's or other organization's act of communicating with the members of 12 that association or organization. 13 (j) "Lobbyist" includes any person who lobbies. 14 (k) "Lobbyist's employer" means the person or persons by whom a lobbyist 15 is employed, directly or indirectly, and all persons by whom he is compensated 16 for acting as a lobbyist. 17 (l) "Measure" means any proposal, to be voted statewide, submitted to the 18 people for their approval or rejection at an election, including any initia- 19 tive, referendum or revision of or amendment to the state constitution. An 20 initiative or referendum proposal shall be deemed a measure when the attorney 21 general reviews it and gives it a ballot title. 22 (m) "Nonbusiness entity" means any group (of two (2) or more individu- 23 als), corporation, association, firm, partnership, committee, club or other 24 organization which: 25 (1) Does not have as its principal purpose the conduct of business activ- 26 ities for profit; and 27 (2) Received during the preceding calendar year contributions, gifts or 28 membership fees, which in the aggregate exceeded ten percent (10%) of its 29 total receipts for such year. 30 (n) "Person" means an individual, corporation, association, firm, part- 31 nership, committee, political party, club or other organization or group of 32 persons. 33 (o) "Political committee" means: 34 (1) Any person specifically designated to support or oppose any candidate 35 or measure; or 36 (2) Any person who receives contributions and makes expenditures in an 37 amount exceeding five hundred dollars ($500) in any calendar year for the 38 purpose of supporting or opposing one (1) or more candidates or measures. 39 Any entity registered with the federal election commission shall not be 40 considered a political committee for purposes of this chapter. 41 (3) A county, district or regional committee of a recognized political 42 party shall not be considered a political committee for the purposes of 43 this chapter unless such party committee has expenditures exceeding five 44 thousand dollars ($5,000) in a calendar year. 45 (p) "Political treasurer" means an individual appointed by a candidate or 46 political committee as provided in section 67-6603, Idaho Code. 47 (q) "Public office" means any state office or position,state senator, 48 state representative, governor, lieutenant governor, attorney general, super- 49 intendent of public instruction, secretary of state, state controller, state 50 treasurer, justice of the supreme court, judge of the court of appeals and 51 judge of the district court that is filled by election. 52 SECTION 2. That Section 67-6619, Idaho Code, be, and the same is hereby 53 amended to read as follows: 4 1 67-6619. REPORTING BY LOBBYISTS. (a) Any lobbyist registered under sec- 2 tion 67-6617, Idaho Code, shall file with the secretary of state an annual 3 report of his activities signed by both the lobbyist and the lobbyist's 4 employers. The reports shall be made in the form and manner prescribed by the 5 secretary of state and shall be filed on January 31. In addition to the annual 6 report, while the legislature is in session, every registered lobbyist shall 7 file interim monthly periodic reports for each month or portion thereof that 8 the legislature is in session, which reports need be signed only by the lobby- 9 ist and which shall be filed within ten (10) days of the first day of the 10 month for the activities of the month just past. 11 (b) Each such annual and monthly periodic report shall contain: 12 (1) The totals of all expenditures made or incurred by such lobbyist or 13 on behalf of such lobbyist by the lobbyist's employer (not including pay- 14 ments made directly to the lobbyist), during the period covered by the 15 report, which totals shall be segregated according to financial category, 16 including, for example, entertainment, food and refreshments; advertising; 17 providing, however, that reimbursed personal living and travel expenses of 18 a lobbyist incurred directly or indirectly for any lobbying purpose need 19 not be reported. The totals of each expenditure of more than fifty dollars 20 ($50.00) for a legislator or otherholder of public office shall be iden- 21 tified by date, place, amount, and the names of all members of the state22 legislature orholders of public office in the group partaking in or of 23 such financial category excluding any portion thereof attributable to the 24 lobbyist's participation therein. Reported expenditures for entertainment, 25 food and refreshments for legislators or otherholders of public office 26 shall be the actual cost of the entertainment, food and refreshments. 27 (2) In the case of a lobbyist employed by more than one (1) employer, the 28 proportionate amount of such expenditures in each category incurred on 29 behalf of each of his employers. 30 (3) An itemized listing of each such expenditure made by the lobbyist or 31 by the lobbyist's employer in the nature of a contribution of money or of 32 tangible or intangible personal property to any legislatorholder of pub- 33 lic office, or for or on behalf of any legislatorholder of public office. 34 All contributions made to, or for the benefit of, any legislatorholder of 35 public office, exempting only those contributions that are required to be 36 reported under other provisions of law, shall be identified by date, 37 amount, and the name of the legislatorholder of public office receiving, 38 or to be benefited by each such contribution. 39 (c) Each such annual and monthly periodic report shall contain the sub- 40 ject matter of proposed legislation and the number of each senate or house 41 bill, resolution, or other legislative activity which the lobbyist has been 42 engaged in supporting or opposing during the reporting period; provided, that 43 in the case of appropriations bills the lobbyists shall enumerate the specific 44 section or sections which he supported or opposed.
STATEMENT OF PURPOSE RS 15700C2 The purpose of this legislation is to expand the disclosure requirements for lobbyists to include expenditures for lobbying other state officials in addition to legislators. FISCAL NOTE None. Contact Name: Senator Kate Kelly Senator David Langhorst Senator Bart Davis Senator Joe Stegner Senator Brad Little Senator Shawn Keough Phone: 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S 1365