TITLE 74

TRANSPARENT AND ETHICAL GOVERNMENT

CHAPTER 7

LOBBYING DISCLOSURE

74-702.  DEFINITIONS. As used in this chapter, the following terms have the following meanings:

(1)  "Compensation" includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, for any of the foregoing, for services rendered or to be rendered, but does not include reimbursement of expenses if such reimbursement does not exceed the amount actually expended for such expenses and is substantiated by an itemization of such expenses.

(2)  "Contractor" means a person who receives compensation from another person for either full-time or part-time work based on a contract or compensation agreement, but who is not an employee of that person.

(3)  "Employee" means an individual who performs a service for wages or other compensation from which the individual’s employer withholds federal employment taxes under a contract for hire, written or oral.

(4)  "Executive official" means:

(a)  The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general, superintendent of public instruction, and any deputy or staff member of any of those individuals who, within the course and scope of employment, is directly involved in major policy-influencing decisions for the office;

(b)  A state department or agency director, deputy director, division administrator, or bureau chief as established and enumerated in sections 67-2402 and 67-2406, Idaho Code;

(c)  The membership and the executive or chief administrative officer of any board or commission that is authorized to make rules or conduct rulemaking activities pursuant to section 67-5201, Idaho Code;

(d)  The membership and the executive or chief administrative officer of any board or commission that governs any of the state departments enumerated in section 67-2402, Idaho Code, not including public school districts;

(e)  The membership and the executive or chief administrative officer of the Idaho public utilities commission, the Idaho industrial commission, and the Idaho state tax commission; and

(f)  The members of the governing board of the state insurance fund and the members of the governing board and the executive or chief administrative officer of the Idaho housing and finance association, the Idaho energy resources authority, and the Idaho state building authority.

(5)  "Expenditure" includes any payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign.

(6)  "Indirect lobbying" means attempting to influence the opinion of the public with respect to legislation, members of the legislature, or executive officials and encouraging the members of the public to take action with respect to such legislation or individuals and shall include but shall not be limited to attempts to influence the opinion of the public through email, text messaging, direct messaging, door-to-door solicitation, billboards, television broadcasts, radio broadcasts, online advertising, and social media messaging or solicitation.

(7)  "Lobby" or "lobbying" means attempting through contacts with, or causing others to make contact with, members of the legislature or an executive official to influence the approval, modification, or rejection of any legislation by the Idaho legislature or any committee thereof or by the governor or to develop or maintain relationships with, promote goodwill with, or entertain members of the legislature or executive officials. "Lobby" or "lobbying" also means indirect lobbying. "Lobby" or "lobbying" also means communicating with an executive official for the purpose of influencing the consideration, amendment, adoption, or rejection of any rule or rulemaking as defined in section 67-5201, Idaho Code, or any ratemaking decision, procurement, contract, bid or bid process, financial services agreement, or bond issue. Neither "lobby" nor "lobbying" includes an association’s or other organization’s act of communicating with the members of that association or organization; and neither "lobby" nor "lobbying" includes communicating with an executive official for the purpose of carrying out ongoing negotiations following the award of a bid or a contract, communications involving ongoing legal work and negotiations conducted by and with attorneys for executive agencies, interactions between parties in litigation or other contested matters, or communications among and between members of the legislature and executive officials and their employees, or by state employees while acting in their official capacity or within the course and scope of their employment.

(8)  "Lobbyist" includes any person who lobbies.

(9)  "Lobbyist’s client" means the person on whose behalf the lobbyist is acting, directly or indirectly, as a contractor, and by whom the lobbyist or lobbyist’s employer is compensated for acting as a lobbyist.

(10) "Lobbyist’s employer" means the person for whom a lobbyist is an employee and by whom the lobbyist is compensated for acting as a lobbyist.

(11) "Person" means an individual, corporation, association, firm, partnership, committee, political party, club or other organization or group of persons.

History:

[74-702, added 2025, ch. 280, sec. 10, p. 1190.]