View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1291.........by STENNETT, LANGHORST, KELLY, BURKETT, WERK, BILYEU, SAGNESS FINANCIAL DISCLOSURE - PUBLIC OFFICERS - Adds to existing law to provide a duty to file financial disclosure statements by public officers and candidates; to provide content of the statements; to provide an exception; to provide application; to provide duties of the Secretary of State; and to provide criminal and civil penalties. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1291 BY STENNETT, LANGHORST, KELLY, BURKETT, WERK, BILYEU, SAGNESS 1 AN ACT 2 RELATING TO FINANCIAL DISCLOSURE STATEMENTS FOR PUBLIC OFFICERS AND CANDI- 3 DATES; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW 4 SECTION 67-6631, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 66, TITLE 5 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6632, IDAHO CODE, TO 6 PROVIDE A DUTY TO FILE FINANCIAL DISCLOSURE STATEMENTS BY PUBLIC OFFICERS 7 AND CANDIDATES, TO PROVIDE CONTENTS, TO PROVIDE AN EXCEPTION, TO PROVIDE 8 APPLICATION AND TO PROVIDE FOR DUTIES OF THE SECRETARY OF STATE; AMENDING 9 CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 10 67-6633, IDAHO CODE, TO PROVIDE CRIMINAL AND CIVIL PENALTIES; AND PROVID- 11 ING AN EFFECTIVE DATE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 66, Title 67, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 67-6631, Idaho Code, and to read as follows: 16 67-6631. DEFINITIONS. As used in sections 67-6631 through 67-6633, Idaho 17 Code, unless the context otherwise requires, the following terms have the fol- 18 lowing meanings: 19 (1) "Business" includes any enterprise, organization, trade, occupation 20 or profession, whether or not operated as a legal entity or for profit, 21 including any business, trust, corporation, partnership, joint venture or sole 22 proprietorship. 23 (2) "Candidate" means an individual who has taken affirmative action to 24 seek nomination or election to public office. An individual shall be deemed to 25 have taken affirmative action to seek such nomination or election to public 26 office when he first: 27 (a) Receives contributions or makes expenditures or reserves space or 28 facilities with intent to promote his candidacy for office; or 29 (b) Announces publicly or files for office. 30 (3) "Compensation" means anything of value or advantage, present or pro- 31 spective, including the forgiveness of debt. 32 (4) "Controlled business" means any business in which the public officer 33 or candidate, or spouse of the public officer or candidate, has an ownership 34 or beneficial interest, individually or combined, amounting to more than a 35 fifty percent (50%) interest. 36 (5) "Dependent business" means any business in which the public officer 37 or candidate, or spouse of the public officer or candidate, has an ownership 38 or beneficial interest, individually or combined, amounting to more than a ten 39 percent (10%) interest, and which during the preceding calendar year the busi- 40 ness received from a single source more than ten thousand dollars ($10,000) or 41 more than fifty percent (50%) of its gross income. 42 (6) "Gift" includes any gratuity, special discount, favor, hospitality, 43 service, economic opportunity, loan or other benefit received without equiva- 2 1 lent consideration, not provided to members of the public at large and 2 exceeding a value of fifty dollars ($50.00). 3 (7) "Public office" means any state office or position, state senator, 4 state representative, justice of the supreme court, and judge of the court of 5 appeals, that is filled by election. 6 (8) "Public officer" means the governor, lieutenant governor, state sena- 7 tor, state representative, attorney general, superintendent of public instruc- 8 tion, secretary of state, state controller, state treasurer, justice of the 9 supreme court and a judge of the court of appeals. Members of congress are 10 not public officers as defined in this subsection. 11 SECTION 2. That Chapter 66, Title 67, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 67-6632, Idaho Code, and to read as follows: 14 67-6632. DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT -- CONTENTS -- 15 EXCEPTIONS. (1) In addition to other statements and reports required by law, 16 every public officer and candidate, as a matter of public record, shall file 17 with the secretary of state, on a form prescribed by the secretary of state, a 18 verified financial disclosure statement as provided by this section. The 19 statement shall disclose: 20 (a) The name and address of the public officer or candidate, the name and 21 address of the spouse of the public officer or candidate, and all names 22 and addresses under which each does business. 23 (b) The name and address of each employer and of each other source of 24 compensation amounting to more than one thousand dollars ($1,000) received 25 during the preceding calendar year by the public officer or candidate, or 26 spouse of the public officer or candidate in their own names, or by any 27 other person for the use or benefit of the public officer or candidate or 28 the spouse of the public officer or candidate, a description of the ser- 29 vices for which the compensation was received and the nature of the 30 employer's or source of compensation's business. 31 (c) For a controlled business, a description of the goods or services 32 provided by the business, and if any single source of compensation to the 33 business during the preceding calendar year amounts to more than ten thou- 34 sand dollars ($10,000) and is more than twenty-five percent (25%) of the 35 gross income of the business, the disclosure shall also include a descrip- 36 tion of the goods or services provided to the source of compensation. For 37 a dependent business the statement shall disclose a description of the 38 goods or services provided by the business and a description of the goods 39 or services provided to the source of compensation from which the depend- 40 ent business derived the amount of gross income described in subsection 41 (5) of section 67-6631, Idaho Code. If the source of compensation for a 42 controlled or dependent business is a business, the statement shall dis- 43 close a description of the business activities engaged in by the source of 44 compensation. 45 (d) The names and addresses of all businesses and trusts in which the 46 public officer or candidate, or spouse of the public officer or candidate, 47 or any other person for the use or benefit of the public officer or candi- 48 date, or spouse of the public officer or candidate, had an ownership or 49 beneficial interest, including stocks in a publicly traded corporation, of 50 over one thousand dollars ($1,000) at any time during the preceding calen- 51 dar year, and the names and addresses of all businesses and trusts in 52 which the public officer or candidate, or spouse of the public officer or 53 candidate, held any office or had a fiduciary relationship at any time 3 1 during the preceding calendar year, together with the amount or value of 2 the interest and a description of the interest, office or relationship. 3 (e) All leases of state or political subdivision land or real property or 4 contracts with the state or a political subdivision of the state, all 5 Idaho real property interests and real property improvements, including 6 specific location and approximate size, and in which the public officer or 7 candidate, or spouse of the public officer or candidate, or a controlled 8 or dependent business, held legal title or a beneficial interest at any 9 time during the preceding calendar year, and the value of any such inter- 10 est, except that this paragraph does not apply to a real property interest 11 and improvements thereon used as the primary personal residence of the 12 public officer or candidate. If a public officer or candidate, any spouse 13 of a public officer or candidate, or a controlled or dependent business, 14 acquired or divested any such interest during the preceding calendar year, 15 he shall also disclose that the transaction was made and the date it 16 occurred. If the controlled or dependent business is in the business of 17 dealing in real property interests or improvements, disclosure need not 18 include individual parcels or transactions as long as the aggregate value 19 and general description of all parcels of such property are reported. 20 (f) The name and address of each creditor, including federal, state and 21 local government tax liability to whom the public officer or candidate, or 22 spouse of the public officer or candidate in their own names or in the 23 name of any other person, owed a debt of more than one thousand dollars 24 ($1,000) or to whom a controlled business or a dependent business owed a 25 debt of more than ten thousand dollars ($10,000) which was also more than 26 thirty percent (30%) of the total business indebtedness at any time during 27 the preceding calendar year. This paragraph shall not be construed to 28 require the disclosure of debts owed by the public officer or candidate, 29 or spouse of the public officer or candidate, resulting from the ordinary 30 conduct of a business other than a controlled or dependent business. Nor 31 shall disclosure be required of credit card transactions, retail install- 32 ment contracts, debts on residences exempt from disclosure under paragraph 33 (e) of this subsection, debts on motor vehicles not used for commercial 34 purposes, debts secured by cash values on life insurance or debts owed to 35 relatives. It is sufficient disclosure of a creditor if the name and 36 address of a person to whom payments are made is disclosed. If the public 37 officer or candidate, spouse of the public officer or candidate, or a con- 38 trolled or dependent business, incurred or discharged a debt which is 39 reportable under this paragraph during the preceding calendar year, the 40 report shall disclose that the transaction was made and the date it 41 occurred. 42 (g) The value, nature and name of each source of any gift, or accumulated 43 gifts from a single source, received by the public officer or candidate, 44 or spouse of the public officer or candidate in their own names during the 45 preceding calendar year, or by any other person for the use or benefit of 46 the public officer or candidate, or spouse of the public officer or candi- 47 date, except gifts received by will or by virtue of intestate succession, 48 or received by way of distribution from any inter vivos or testamentary 49 trust established by a spouse or by an ancestor, or gifts received from 50 any other member of the household or relatives in the second degree of 51 consanguinity. Political campaign contributions shall not be construed as 52 gifts if otherwise publicly reported as political campaign contributions 53 as required by law. 54 (h) A list of all business licenses issued to, held by or in which the 55 public officer or candidate, spouse of the public officer or candidate, or 4 1 any controlled or dependent business, had an interest at any time during 2 the preceding calendar year, including the name in which the license was 3 issued, the type of business and its location. 4 (i) A list of all bonds, together with their value, issued by this state 5 or any political subdivision of this state held at any time during the 6 preceding calendar year by the public officer or candidate, or spouse of 7 the public officer or candidate, which bonds issued by a single entity had 8 a value in excess of one thousand dollars ($1,000). If the public officer 9 or candidate, or spouse of the public officer or candidate, acquired or 10 divested any bonds during the preceding calendar year which are reportable 11 under this paragraph, the fact that the transaction occurred and the date 12 shall also be shown. 13 (2) If an amount or value is required to be reported pursuant to this 14 section, it is sufficient to report whether the amount or value of the equity 15 interest falls within: 16 (a) Category 1, one thousand dollars ($1,000) to twenty-five thousand 17 dollars ($25,000). 18 (b) Category 2, twenty-five thousand dollars ($25,000) to one hundred 19 thousand dollars ($100,000). 20 (c) Category 3, one hundred thousand dollars ($100,000) or more. 21 (3) This section does not require the disclosure of any information that 22 is privileged by law. 23 (4) The statement required to be filed pursuant to subsection (1) of this 24 section shall be filed by all persons who qualified as public officers at any 25 time during the preceding calendar year on or before February 15 of each year 26 and shall cover the preceding calendar year ending December 31, except that a 27 public officer appointed to fill a vacancy shall, within thirty (30) days fol- 28 lowing his taking of such office, file a financial disclosure statement cover- 29 ing as his annual period the twelve (12) month period ending with the last 30 full month prior to the date of his taking office. All candidates shall file 31 financial disclosure statements within thirty (30) days of first meeting the 32 definition of "candidate" as provided in subsection (2) of section 67-6631, 33 Idaho Code, and the statement shall cover as their annual period the twelve 34 (12) month period ending with the last full month prior to the date of meeting 35 such definition. 36 (5) The secretary of state shall prepare written guidelines, forms and 37 samples for completing the financial disclosure statement required by this 38 section. A copy of the guidelines, forms and samples shall be distributed to 39 each public officer and made available to all candidates. 40 SECTION 3. That Chapter 66, Title 67, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 67-6633, Idaho Code, and to read as follows: 43 67-6633. VIOLATION -- PENALTIES. (1) Any public officer or candidate, who 44 knowingly files a materially incomplete financial disclosure statement or who 45 knowingly files a false financial disclosure statement is guilty of a misde- 46 meanor. 47 (2) Any public officer or candidate who fails to file a financial dis- 48 closure statement or who otherwise violates the provisions of section 67-6632, 49 Idaho Code, is subject to a civil penalty of fifty dollars ($50.00) for each 50 day of noncompliance. However, the maximum civil penalty shall not exceed five 51 thousand dollars ($5,000) for any related series of violations. The civil pen- 52 alty shall be deposited in the general fund. 5 1 SECTION 4. This act shall be in full force and effect on and after Janu- 2 ary 1, 2009.
STATEMENT OF PURPOSE
RS 17302
This legislation creates a requirement for certain Idaho elected
officials and candidates to file personal financial disclosure
statements with the Idaho Secretary of State.
FISCAL IMPACT
Implementation of this law will require approximately $45,000
from the General Fund to defray additional staff costs, according
to an estimate by the office of Idaho's Secretary of State.
Contact
Name: Sen. Clint Stennett, Minority Leader
Sen. David Langhorst, Asst. Minority Leader
Sen. Kate Kelly, Minority Caucus Chair
Sen. Mike Burkett
Sen. Elliot Werk
Sen. Diane Bilyeu
Sen. Dick Sageness
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1291