2008 Legislation
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SENATE BILL NO. 1446<br /> – Lobbyists, reporting


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Bill Status

S1446......................................................by STATE AFFAIRS
LOBBYISTS - Amends, repeals and adds to existing law to revise the
definition of lobbying and lobbyists; to revise procedures, timelines and
contents required for reports by lobbyists to the Secretary of State; to
provide application to executive officials; and to provide an exception for
benefits received as a result of certain lobbying activities.

02/28    Senate intro - 1st rdg - to printing
02/29    Rpt prt - to St Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Cameron, Coiner, Corder,
      Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- Burkett
      Absent and excused -- Broadsword, Gannon, Siddoway
    Floor Sponsor - Little
    Title apvd - to House
03/10    House intro - 1st rdg - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Labrador
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/28    Governor signed
         Session Law Chapter 306
         Effective: 07/01/08

Bill Text

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


                                       IN THE SENATE

                                    SENATE BILL NO. 1446

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT

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

 12        SECTION 1.  That Section 67-6602, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:

 14        67-6602.  DEFINITIONS.  As  used in this chapter, the following terms have
 15    the following meanings:
 16        (a)  "Candidate" means an individual who has taken affirmative  action  to
 17    seek nomination or election to public office. An individual shall be deemed to
 18    have  taken  affirmative  action to seek such nomination or election to public
 19    office when he first:
 20        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 21        facilities with intent to promote his candidacy for office; or
 22        (2)  Announces publicly or files for office.
 23        (3)  For  purposes of this chapter, an incumbent shall be presumed to be a
 24        candidate in the subsequent election for his or her office.  Contributions
 25        received  by  an  incumbent  candidate  shall not be in excess of the pre-
 26        scribed contribution limits for  the  subsequent  election  by  which  the
 27        incumbent  candidate's name would first appear on the ballot. An incumbent
 28        shall no longer be a candidate for his or her office  after  the  deadline
 29        for the filing of a declaration of candidacy to first appear on the ballot
 30        for that office has expired.
 31        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 32    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 33    of money or anything of value, and any contract, agreement, promise  or  other
 34    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 35    for services rendered or to be rendered, but does not include reimbursement of
 36    expenses if such reimbursement does not exceed the  amount  actually  expended
 37    for such expenses and is substantiated by an itemization of such expenses.
 38        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 39    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 40    or  transfer of money or anything of value, and any contract, agreement, prom-
 41    ise or other obligation, whether or not legally enforceable, to make a contri-
 42    bution, in support of or in opposition to any candidate,  political  committee
 43    or measure. Such term also includes personal funds or other property of a can-


  1    didate  or  members of his household expended or transferred to cover expendi-
  2    tures incurred in support of such candidate  but  does  not  include  personal
  3    funds  used  to pay the candidate filing fee. Such term also includes the ren-
  4    dering of personal and professional services for less than full consideration,
  5    but does not include ordinary home hospitality or the rendering of "part-time"
  6    personal services of the sort commonly performed by volunteer campaign workers
  7    or advisors or incidental  expenses  not  in  excess  of  twenty-five  dollars
  8    ($25.00)  personally  paid  for  by any volunteer campaign worker. "Part-time"
  9    services for the purposes of this definition,  means services in  addition  to
 10    regular  full-time employment, or, in the case of an unemployed person or per-
 11    sons engaged in part-time employment, services rendered  without  compensation
 12    or  reimbursement  of  expenses  from  any  source other than the candidate or
 13    political committee for whom such services are rendered. For the  purposes  of
 14    this  act,  contributions, other than money or its equivalents shall be deemed
 15    to have a money value equivalent to the fair market value of the contribution.
 16        (d)  "Election" means any general, special or primary election.
 17        (e)  "Election campaign" means any campaign in support of or in opposition
 18    to a candidate for election to public office and any campaign in  support  of,
 19    or in opposition to, a measure.
 20        (f)  (1) "Electioneering  communication" means any communication broadcast
 21        by television or radio, printed in a newspaper or on a billboard, directly
 22        mailed or delivered by hand to personal  residences,  or  telephone  calls
 23        made to personal residences, or otherwise distributed that:
 24             (i)   Unambiguously refers to any candidate; and
 25             (ii)  Is broadcasted, printed, mailed, delivered, made or distributed
 26             within  thirty (30) days before a primary election or sixty (60) days
 27             before a general election; and
 28             (iii) Is broadcasted to, printed  in  a  newspaper,  distributed  to,
 29             mailed to or delivered by hand to, telephone calls made to, or other-
 30             wise distributed to an audience that includes members of the elector-
 31             ate for such public office.
 32        (2)  "Electioneering communication" does not include:
 33             (i)   Any  news  articles, editorial endorsements, opinion or commen-
 34             tary, writings, or letter to the editor printed in a newspaper, maga-
 35             zine, or other periodical not owned or controlled by a  candidate  or
 36             political party;
 37             (ii)  Any  editorial  endorsements  or  opinions aired by a broadcast
 38             facility not owned or controlled by a candidate or political party;
 39             (iii) Any communication by persons made in  the  regular  course  and
 40             scope  of  their  business  or any communication made by a membership
 41             organization solely to members of such organization and  their  fami-
 42             lies;
 43             (iv)  Any communication which refers to any candidate only as part of
 44             the popular name of a bill or statute;
 45             (v)   A communication which constitutes an expenditure or an indepen-
 46             dent expenditure under this chapter.
 47        (g)  "Executive official" means:
 48        (1)  The governor, lieutenant governor, secretary of state, state control-
 49        ler,  state  treasurer,  attorney  general,  and  superintendent of public
 50        instruction and any deputy or staff member of one (1) of those individuals
 51        who, within the course and scope of his or  her  employment,  is  directly
 52        involved in major policy influencing decisions for the office;
 53        (2)  A  state  department  or  agency  director, deputy director, division
 54        administrator or bureau chief as established and  enumerated  in  sections
 55        67-2402 and 67-2406, Idaho Code;


  1        (3)  The  membership  and the executive or chief administrative officer of
  2        any board or commission that is authorized to make rules or conduct  rule-
  3        making activities pursuant to section 67-5201, Idaho Code;
  4        (4)  The  membership  and the executive or chief administrative officer of
  5        any board or commission that governs any of the state departments  enumer-
  6        ated  in  section    67-2402, Idaho Code, not including public school dis-
  7        tricts;
  8        (5)  The membership and the executive or chief administrative  officer  of
  9        the  Idaho  public  utilities commission, the Idaho industrial commission,
 10        and the Idaho state tax commission; and
 11        (6)  The members of the governing board of the state insurance  fund,  and
 12        the  members of the governing board and the executive or chief administra-
 13        tive officer of the Idaho  housing  and  finance  association,  the  Idaho
 14        energy resources authority, and the Idaho state building authority.
 15        (h)  "Expenditure"  includes any payment, contribution, subscription, dis-
 16    tribution, loan, advance, deposit, or gift of money or anything of value,  and
 17    includes  a  contract,  promise, or agreement, whether or not legally enforce-
 18    able, to make an expenditure. The term "expenditure" also includes  a  promise
 19    to  pay,  a  payment or a transfer of anything of value in exchange for goods,
 20    services, property, facilities or anything of value for the purpose of assist-
 21    ing, benefiting or honoring any public official or candidate, or assisting  in
 22    furthering or opposing any election campaign.
 23        (i)  "Independent  expenditure"  means  any  expenditure by a person for a
 24    communication expressly advocating  the  election,  passage  or  defeat  of  a
 25    clearly  identified candidate or measure that is not made with the cooperation
 26    or with the prior consent of, or in consultation with, or at the  consent  of,
 27    or  in consultation with, or at the request of a suggestion of, a candidate or
 28    any agent or authorized committee of the candidate or political committee sup-
 29    porting or opposing a measure. As used in this subsection, "expressly advocat-
 30    ing" means any communication containing a message advocating election, passage
 31    or defeat including, but not limited to, the name of the candidate or measure,
 32    or expression such as "vote for," "elect," "support," "cast your ballot  for,"
 33    "vote against," "defeat" or "reject."
 34        (j)  "Lobby"  and  "lobbying" each means attempting through contacts with,
 35    or causing others to make contact with, members of the legislature or legisla-
 36    tive committees or an executive official, to influence the approval, modifica-
 37    tion or rejection of any legislation by the legislature of the state of  Idaho
 38    or  any  committee  thereof  or by the governor, and or to develop or maintain
 39    relationships with, promote goodwill with, or entertain members of the  legis-
 40    lature or executive officials. "Lobby" and "lobbying" shall also mean communi-
 41    cating with an executive official for the purpose of influencing the consider-
 42    ation,  amendment,  adoption or rejection of any rule or rulemaking as defined
 43    in section 67-5201, Idaho Code, or any ratemaking decision, procurement,  con-
 44    tract,  bid  or bid process, financial services agreement, or bond issue. Nei-
 45    ther "lobby" nor "lobbying" includes an association's or other  organization's
 46    act of communicating with the members of that association or organization; and
 47    provided  that  neither  "lobby" nor "lobbying" includes communicating with an
 48    executive official for the purpose of carrying out ongoing  negotiations  fol-
 49    lowing  the  award  of  a  bid or a contract, communications involving ongoing
 50    legal work and negotiations conducted by  and  with  attorneys  for  executive
 51    agencies,  interactions  between parties in litigation or other contested mat-
 52    ters, or communications among and between members of the legislature and exec-
 53    utive officials and their employees, or by state  employees  while  acting  in
 54    their official capacity or within the course and scope of their employment.
 55        (k)  "Lobbyist" includes any person who lobbies.


  1        (l)  "Lobbyist's  employer" means the person or persons by whom a lobbyist
  2    is employed, directly or indirectly, and all persons by whom he is compensated
  3    for acting as a lobbyist.
  4        (m)  "Measure" means any proposal, to be voted statewide, submitted to the
  5    people for their approval or rejection at an election, including  any  initia-
  6    tive,  referendum    or revision of or amendment to the state constitution. An
  7    initiative or referendum proposal shall be deemed a measure  when the attorney
  8    general reviews it and gives it a ballot title.
  9        (n)  "Nonbusiness entity" means any group (of two (2)  or  more  individu-
 10    als),  corporation,  association,  firm, partnership, committee, club or other
 11    organization which:
 12        (1)  Does not have as its principal purpose the conduct of business activ-
 13        ities for profit; and
 14        (2)  Received during the preceding calendar year contributions,  gifts  or
 15        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 16        total receipts for such year.
 17        (o)  "Person"  means  an individual, corporation, association, firm, part-
 18    nership, committee, political party, club or other organization  or  group  of
 19    persons.
 20        (p)  "Political committee" means:
 21        (1)  Any person specifically designated to support or oppose any candidate
 22        or measure; or
 23        (2)  Any  person  who  receives contributions and makes expenditures in an
 24        amount exceeding five hundred dollars ($500) in any calendar year for  the
 25        purpose  of supporting or opposing one (1) or more candidates or measures.
 26        Any entity registered with the federal election commission  shall  not  be
 27        considered a political committee for purposes of this chapter.
 28        (3)  A  county,  district  or regional committee of a recognized political
 29        party shall not be considered a political committee for  the  purposes  of
 30        this  chapter  unless such party committee has expenditures exceeding five
 31        thousand dollars ($5,000) in a calendar year.
 32        (q)  "Political treasurer" means an individual appointed by a candidate or
 33    political committee as provided in section 67-6603, Idaho Code.
 34        (r)  "Public office" means any state office or  position,  state  senator,
 35    state  representative, and judge of the district court that is filled by elec-
 36    tion.

 37        SECTION 2.  That Section 67-6619, Idaho Code, be, and the same  is  hereby
 38    repealed.

 39        SECTION  3.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
 40    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 41    ignated as Section 67-6619, Idaho Code, and to read as follows:

 42        67-6619.  REPORTING  BY  LOBBYISTS. (1) Any lobbyist registered under sec-
 43    tion 67-6617, Idaho Code, shall file with the secretary  of  state  an  annual
 44    report  of  his  lobbying  activities  signed  by  both  the  lobbyist and the
 45    lobbyist's employer or employers. The reports shall be made in  the  form  and
 46    manner  prescribed  by the secretary of state and shall be filed on January 31
 47    of each year. In addition to the annual report, while the  legislature  is  in
 48    session, every registered lobbyist shall file interim monthly periodic reports
 49    for  each  month  or portion thereof that the legislature is in session, which
 50    reports need to be signed only by the lobbyist and which shall be filed within
 51    fifteen (15) days of the first day of the month  for  the  activities  of  the
 52    month  just past, provided however, that any lobbyist covered under this chap-


  1    ter whose lobbying activities are confined only to executive  officials  shall
  2    be  required  to  file interim periodic reports semiannually on January 31 and
  3    July 31, which reports need to be signed by the lobbyist  and  the  lobbyist's
  4    employer or employers.
  5        (2)  Each annual, semiannual and monthly periodic report shall contain:
  6        (a)  The total of all expenditures made or incurred on behalf of such lob-
  7        byist by the lobbyist's employer or employers, not including payments made
  8        directly  to  the   lobbyist, during the period covered by the report. The
  9        totals shall be segregated according to financial category including,  but
 10        not  limited  to:  entertainment, food and refreshment, honoraria, travel,
 11        lodging, advertising and other like expenditures. Reimbursed personal liv-
 12        ing and travel expenses of a lobbyist made or incurred directly  or  indi-
 13        rectly for any lobbying purpose need not be reported.
 14        (b)  The name of any legislator or executive official to whom or for whose
 15        benefit on any one (1) occasion, an expenditure in excess of: (i) seventy-
 16        five  dollars ($75.00) per person from 2008 through December 31, 2010, and
 17        (ii) in excess of one hundred dollars ($100) per person on and after Janu-
 18        ary 1, 2011, for the purpose of lobbying, is  made  or  incurred  and  the
 19        date,  name of payee, purpose and amount of such expenditure. Expenditures
 20        for the benefit of the members of the household of a legislator or  execu-
 21        tive  official  shall  also  be  itemized  if such expenditure exceeds the
 22        amount listed in this subsection.
 23        (c)  In the case of a lobbyist employed by more than one (1) employer, the
 24        proportionate amount of such expenditures in each category made or  incur-
 25        red on behalf of each of his employers.
 26        (d)  The  subject  matter  of  proposed legislation and the number of each
 27        senate or house bill, resolution, memorial or other  legislative  activity
 28        or  any rule, ratemaking decision, procurement, contract, bid or bid proc-
 29        ess, financial services agreement or bond in which the lobbyist  has  been
 30        engaged  in  supporting  or opposing during the reporting period; provided
 31        that in the case of appropriations bills, the lobbyist shall enumerate the
 32        specific section or sections which he supported or opposed.
 33        (e)  The itemization threshold in subsection (2)(b) of this section  shall
 34        be  adjusted biennially by directive of the secretary of state, using con-
 35        sumer price index data compiled by the United States department of labor.

 36        SECTION 4.  That Section 18-1356, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:

 39    TION. (1) Regulatory and law enforcement officials. No public servant  in  any
 40    department  or  agency  exercising regulatory functions, or conducting inspec-
 41    tions or investigations, or carrying on civil or criminal litigation on behalf
 42    of the government, or having custody of prisoners, shall  solicit,  accept  or
 43    agree  to  accept  any  pecuniary benefit from a person known to be subject to
 44    such regulation, inspection, investigation or custody, or  against  whom  such
 45    litigation is known to be pending or contemplated.
 46        (2)  Officials  concerned with government contracts and pecuniary transac-
 47    tions. No public servant having any discretionary function to perform in  con-
 48    nection  with contracts, purchases, payments, claims or other pecuniary trans-
 49    actions of the government shall solicit, accept or agree to accept any pecuni-
 50    ary benefit from any person known to be interested  in  or  likely  to  become
 51    interested in any such contract, purchase, payment, claim or transaction.
 52        (3)  Judicial and administrative officials. No public servant having judi-
 53    cial  or  administrative  authority  and no public servant employed by or in a


  1    court or other  tribunal  having  such  authority,  or  participating  in  the
  2    enforcement  of  its  decisions,  shall solicit, accept or agree to accept any
  3    pecuniary benefit from a person known to be interested in or likely to  become
  4    interested  in  any matter before such public servant or a tribunal with which
  5    he is associated.
  6        (4)  Legislative and executive officials. No legislator or public servant
  7    employed by the legislature or  by  any  committee  or  agency  thereof  shall
  8    solicit,  accept or agree to accept any pecuniary benefit in return for action
  9    on a bill, legislation, proceeding or official  transaction  from  any  person
 10    known  to  be  interested in a bill, legislation, official transaction or pro-
 11    ceeding, pending or contemplated before the legislature or  any  committee  or
 12    agency thereof.
 13        (5)  Exceptions. This section shall not apply to:
 14        (a)  fees  prescribed  by  law  to be received by a public servant, or any
 15        other benefit for which the recipient gives legitimate consideration or to
 16        which he is otherwise legally entitled; or
 17        (b)  gifts or other benefits conferred on account of kinship or other per-
 18        sonal, professional or business relationship independent of  the  official
 19        status of the receiver; or
 20        (c)  trivial  benefits  not  to  exceed  a value of fifty dollars ($50.00)
 21        incidental to personal, professional or business contacts and involving no
 22        substantial risk of undermining official impartiality; or
 23        (d)  benefits received as a result of lobbying activities  that  are  dis-
 24        closed  in  reports  required  by  chapter  66, title 67, Idaho Code. This
 25        exception shall not apply to any activities prohibited by subsections  (1)
 26        through (4) of this section.
 27        (6)  Offering  benefits  prohibited.  No person shall knowingly confer, or
 28    offer or agree to confer, any benefit prohibited by the foregoing subsections.
 29        (7)  Grade of offense. An offense under this section is a misdemeanor  and
 30    shall be punished as provided in this chapter.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

This legislation is intended to clarify the Sunshine Laws of
the State of Idaho with regard to lobbyist reporting.  It expands
the definition of "executive official" to include persons with
major policy making roles within the constitutional offices and
clearly defines "lobbying" to include building relationships and
promoting goodwill with legislators and executive officials.  The
bill also clarifies what is to be reported by lobbyists and clearly
spells out that expenditures for members of the household of a
legislator or executive official are to be reported if the
expenditure exceeds the itemization threshold.  

                         FISCAL IMPACT

This legislation would have no impact on the state general

Contacts: Ben Ysursa, Secretary of State (334-2852)
          Robert Geddes, President Pro Tem (332-1300)
          Lawrence Denney, Speaker of the House (332-1111)

                                                        S 1446