SENATE BILL NO. 1302

2008 Legislation

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SENATE BILL NO. 1302<br /> – Legislator/official, former, lobby

View Statement of Purpose / Fiscal Impact

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Bill Status


S1302..............................................................by KELLY
LOBBYING - Amends and adds to existing law to prohibit lobbying and
registration as lobbyists by former executive officials or legislators for
a period of one year from termination of office; and to provide penalties
for violating the prohibition of lobbying and registration as lobbyists by
former executive officials or legislators for a period of one year from
termination of office.

01/18    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to St Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1302

                                          BY KELLY

  1                                        AN ACT
  2    RELATING TO LOBBYING; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE  ADDI-
  3        TION  OF A NEW SECTION 67-6617A, IDAHO CODE, TO PROHIBIT LOBBYING AND REG-
  4        ISTRATION AS LOBBYISTS BY FORMER EXECUTIVE OFFICIALS OR LEGISLATORS FOR  A
  5        PERIOD  OF  ONE YEAR FROM TERMINATION OF OFFICE; AMENDING SECTION 67-6625,
  6        IDAHO CODE, TO PROVIDE PENALTIES FOR VIOLATING THE PROHIBITION OF LOBBYING
  7        AND REGISTRATION AS LOBBYISTS BY FORMER EXECUTIVE OFFICIALS OR LEGISLATORS
  8        FOR A PERIOD OF ONE YEAR FROM TERMINATION OF OFFICE AND TO MAKE A  TECHNI-
  9        CAL CORRECTION; AND DECLARING AN EMERGENCY.

 10    Be It Enacted by the Legislature of the State of Idaho:

 11        SECTION  1.  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 67-6617A, Idaho Code, and to read as follows:

 14        67-6617A.  PROHIBITION FROM LOBBYING AND REGISTRATION. No former executive
 15    official  or  former  member  of the legislature shall register under sections
 16    67-6617 and 67-6619, Idaho Code, or request or accept employment, compensation
 17    or any other pecuniary benefit for the purpose of lobbying as defined in  sec-
 18    tion 67-6602, Idaho Code, for a period of one (1) year from the date of termi-
 19    nation of his or her membership or office.

 20        SECTION  2.  That  Section 67-6625, Idaho Code, be, and the same is hereby
 21    amended to read as follows:

 22        67-6625.  VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY  --  PROSECUTION
 23    --  LIMITATION -- VENUE. (a) Any person who violates the provisions of section
 24    67-6603 through 67-6614A, 67-6617,  67-6617A,  67-6619,  67-6620,  67-6621(a),
 25    67-6624,  67-6629 or 67-6630, Idaho Code, shall be liable for a civil fine not
 26    to exceed two hundred fifty dollars ($250) if an individual, and not more than
 27    two thousand five hundred dollars ($2,500) if a person other than an  individ-
 28    ual.  The  burden  of proof for such civil liability shall be met by showing a
 29    preponderance of the evidence.
 30        (b)  Any person who violates section 67-6605 or  67-6621(b),  Idaho  Code,
 31    and  any  person  who knowingly and willfully violates section 67-6603 through
 32    67-6614A, 67-6617, 67-6617A, 67-6619, 67-6620, 67-6621(a), 67-6624, 67-6629 or
 33    67-6630, Idaho Code, is guilty of a misdemeanor and, upon conviction, in addi-
 34    tion to the fines set forth in subsection (a) of this section, may be  impris-
 35    oned for not more than six (6) months or be both fined and imprisoned.
 36        (c)  The  attorney  general  or  the  appropriate prosecuting attorney may
 37    prosecute any violations of this act chapter.
 38        (d)  Prosecution for violation of  this  act  chapter  must  be  commenced
 39    within two (2) years after the date on which the violation occurred.
 40        (e)  Venue  for  prosecution under the provisions of this chapter shall be
 41    in the county of residence of the defendant if the defendant is a resident  of

                                       2

  1    the state of Idaho, otherwise venue shall be in Ada county.

  2        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17616

The purpose of this legislation is to provide a one year
"cooling off" period before a legislator or executive official
can register as a lobbyist after his or her departure from public
service.  



                          FISCAL IMPACT

None. 





Contact
Name:   Senator Kate Kelly      Phone: 332-1351
        

STATEMENT OF PURPOSE/FISCAL NOTE                         S 1302