2006 Legislation
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SENATE BILL NO. 1365 – Lobbying, reports


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Bill Status

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

Bill Text

  ]]]]              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
  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"
  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-
  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 Idaho
 10    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:
  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 other holder of public office shall be  iden-
 21        tified  by  date, place, amount, and the names of all members of the state
 22        legislature or holders 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 other holders  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 legislator holder of  pub-
 33        lic office, or for or on behalf of any legislator holder of public office.
 34        All contributions made to, or for the benefit of, any legislator holder 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 legislator holder 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 / Fiscal Impact

                       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


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