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H0331.....................................................by WAYS AND MEANS
LOBBYISTS - Adds to and amends existing law relating to lobbyists to
prohibit lobbying by former legislators for a certain period of time; and
to provide code references for purposes of applicable penalty provisions.
03/28 House intro - 1st rdg - to printing
Rpt prt - to W/M
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 331
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO LOBBYISTS; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 67-6617A, IDAHO CODE, TO PROHIBIT LOBBYING BY FORMER
4 LEGISLATORS FOR A CERTAIN PERIOD OF TIME; AMENDING SECTION 67-6625, IDAHO
5 CODE, TO PROVIDE CODE REFERENCES FOR PURPOSES OF APPLICABLE PENALTY PROVI-
6 SIONS; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 66, Title 67, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 67-6617A, Idaho Code, and to read as follows:
11 67-6617A. LOBBYING PROHIBITED. No former member of the Idaho legislature
12 shall, within a period of one (1) year from the date of termination of his or
13 her public office as a legislator, request or accept employment, compensation
14 or any other pecuniary benefit for the purpose of lobbying as defined in sec-
15 tion 67-6602, Idaho Code.
16 SECTION 2. That Section 67-6625, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION
19 -- LIMITATION -- VENUE. (a) Any person who violates the provisions of section
20 67-6603 through 67-6614A, 67-6617, 67-6617A, 67-6619, 67-6620, 67-6621(a),
21 67-6624, 67-6629 or 67-6630, Idaho Code, shall be liable for a civil fine not
22 to exceed two hundred fifty dollars ($250) if an individual, and not more than
23 two thousand five hundred dollars ($2,500) if a person other than an individ-
24 ual. The burden of proof for such civil liability shall be met by showing a
25 preponderance of the evidence.
26 (b) Any person who violates section 67-6605 or 67-6621(b), Idaho Code,
27 and any person who knowingly and willfully violates section 67-6603 through
28 67-6614A, 67-6617, 67-6617A, 67-6619, 67-6620, 67-6621(a), 67-6624, 67-6629 or
29 67-6630, Idaho Code, is guilty of a misdemeanor and, upon conviction, in addi-
30 tion to the fines set forth in subsection (a) of this section, may be impris-
31 oned for not more than six (6) months or be both fined and imprisoned.
32 (c) The attorney general or the appropriate prosecuting attorney may
33 prosecute any violations of this act.
34 (d) Prosecution for violation of this act must be commenced within two
35 (2) years after the date on which the violation occurred.
36 (e) Venue for prosecution under the provisions of this chapter shall be
37 in the county of residence of the defendant if the defendant is a resident of
38 the state of Idaho, otherwise venue shall be in Ada county.
39 SECTION 3. An emergency existing therefor, which emergency is hereby
40 declared to exist, this act shall be in full force and effect on and after its
2
1 passage and approval.
STATEMENT OF PURPOSE
RS 17203
The purpose of this legislation is to require a one year "cooling
off" period between the time a senator or representative leaves
the legislature and takes employment to lobby the state
government. The legislation falls under the section on lobbying
and the current misdemeanor penalties are included in this
legislation.
FISCAL NOTE
Contact
Name: Speaker Lawerence Denney
Phone: 332-1000
Name: Representative Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 331