2015 Ethics Hanbook

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Cultivating a Culture
of Ethics
An officials duty is to give to the public
service the full benefit of a disinterested
judgment and utmost fidelity.
All of us who accept public office also accept the ethical duty to serve honestly and in the publics
interest. As such, compliance with Idahos ethics laws is mandatory. These laws, however, are a
minimum standard of behavior. As compassionate and responsible public officials, we hold ourselves to
much higher standards than mere compliance.
This ethics handbook is provided to assist members of the Legislature to carry out their official duties in
an ethical manner. Our commitment to an honest and ethical legislature for Idaho is formalized through
several sources: the Idaho Constitution, Idaho Code, and the rules of each chamber. In this handbook you
will find the rules and statutes along with useful explanations of how they should guide our conduct as
individuals and as a group. Also included is a question-and-answer section to help legislators with
recurring ethical scenarios, an appendix containing Idahos Sunshine Law manual on campaign and
lobbying issues, and a glossary.
We hope you will find this handbook useful and refer to it often. We encourage you to discuss any further
ethical questions you might have with your leadership or an attorney.
Sincerely,
Sincerely,
Brent Hill
Scott Bedke
Speaker of the House
Idaho House of Representatives
Brent Hill
President Pro Tempore
Idaho Senate
Table of Contents
Ethical Limits
Introduction ....................................................................................................................................... 1
Nature of Prohibitions ................................................................................................................................ 1
Ethics Decision Tree Chart......................................................................................................................... 3
Idaho Statutes Regarding Ethics
Ethics in Government Act
Introduction .................................................................................................................................. 5
Conflict of Interest ....................................................................................................................... 5
Procedures to Follow When a Potential Conflict Exists .............................................................. 7
Penalties ....................................................................................................................................... 7
Bribery and Corrupt Influences Act
Introduction ................................................................................................................................. 8
Prohibited Compensation and Bribery ......................................................................................... 8
Prohibited Compensation for Past Official Acts .......................................................................... 8
Retaliation for Past Official Acts ................................................................................................. 9
Gifts by Constituents or Persons within Jurisdiction ................................................................... 9
Exceptions for De Minimis and Campaign Contributions ............................................................ 9
Compensation for Assisting Private Interests .............................................................................. 9
Selling Political Endorsement ...................................................................................................... 10
Threats and Improper Influences.................................................................................................. 10
Special Influence .......................................................................................................................... 10
Using Public Position for Personal Gain ...................................................................................... 11
Prohibition against Contracts with Officers Act
Introduction .................................................................................................................................. 11
Prohibited Conduct Relating to Contracts .................................................................................... 12
Penalties ....................................................................................................................................... 12
House Rules Regarding Ethics
Rule 38 - Members must Vote ................................................................................................................... 13
Rule 76 - Committee on Ethics .................................................................................................................. 13
Ethics Complaint Process Chart ................................................................................................... 16
Summary of Rule 76 .................................................................................................................... 17
Senate Rules Regarding Ethics
Rule 39 Voting ....................................................................................................................................... 19
Rule 53 - Committee on Ethics .................................................................................................................. 19
Summary of Senate Committee on Ethics .................................................................................... 21
The Complaint Process Chart....................................................................................................... 22
Questions and Answers
Ethics Questions ....................................................................................................................................... 23
Definitions of Persons Questions ............................................................................................................... 24
Prohibited Acts Questions .......................................................................................................................... 25
Gifts, Contributions, and Lobbying Questions ........................................................................................... 27
Statutory Interpretation Question ............................................................................................................... 30
Glossary .................................................................................................................. 31
References. ....................................................................................................................... 33
Appendix . ....................................................................................................................................... 37
The Sunshine Law for Political Funds and Lobbyist Activity Disclosure
Ethical Limits
INTRODUCTION TO ETHICAL LIMITS
The most basic ethical responsibility of a legislator is to place the public interest above his
or her own personal interests. Idahos Constitution, statutes, and legislative rules reflect this
fundamental responsibility. This responsibility acknowledges that through Idahos citizen
legislature, each member brings a wealth of experience, a diversity of backgrounds, and a
commitment to constituents that will necessarily impact legislators personally in many
different ways. Recognizing this, House Rule 38 and Senate Rule 39 begin with the
presumption that members are required to vote. This preference for voting means that it is
essential for members to disclose conflicts of interest in accordance with the House or Senate
rules. Importantly, no member has faced discipline for overdisclosing, but some have for not
disclosing.
The Idaho State Constitution declares it a felony to directly or indirectly use public office for
any purpose not authorized by law or to profit from public resources.1 Moreover, several
Idaho state statutes prohibit certain conduct based on this general premise.2 House Rules 38
and Senate Rule 39 reiterate these prohibitions and further define permissible conduct for
legislators. To ensure compliance with these requirements, House Rule 76 and Senate Rule
53 provide for the establishment of a Committee on Ethics to oversee ethical matters of the
House or Senate.3
NATURE OF THE PROHIBITIONS

1. The Idaho State Constitution prohibits using public office for any purpose not authorized
by law or profiting from public resources.4
2. The Idaho Code has the following statutes that address ethics: the Ethics in Government
Act, the Bribery and Corrupt Influences Act, and the Prohibition against Contracts with
Officers Act. These statutes have additional prohibitions which are discussed in the
following sections. Summarily, the prohibitions include:
Using public office for private gain
Nepotism
Exchanging bribes
Improperly influencing governmental actions
Acting without proper disclosure on matters where a conflict of interest

exists
Having an interest in government contracts or transactions
3. Rules of the House of Representatives and Rules of the Senate address the ethics of
individual members of the Legislature.
Idaho Legislature |Ethics Handbook 2015
Ethical Limits
House Rule 38 Prohibits:
Participating in the business of the House and committees in bad faith or against
public interest.
Failure to disclose when the representatives personal interest conflicts with that of
the public.5
House Rule 76 Prohibits:
Conduct unbecoming a representative which is detrimental to the integrity of the

House as a legislative body.
Disclosure of information that is confidential as provided in House rules.
Conduct constituting a felony under any state law, or which violates any state law
relating to the use of public office for private pecuniary gain.
A violation of any state law or House rule relating to conflicts of interest involving
legislative duties.
A violation of any state law or House rule that brings discredit to the House or that
constitutes a breach of public trust.6
Senate Rule 39:
Directs members to disclose conflicts of interest and to vote. Members may make a
motion to be excused from voting and such motion requires a two-thirds vote.
Disclosure of conflicts is the members responsibility.
Senate Rule 53:
Provides for the process for filing of a complaint.

Establishes a committee on ethics and allows for preliminary review of the
complaints.
Establishes that complaints may be made for conduct unbecoming a senator,
violation of Senate rules, violation of any state law including a failure to disclose a
conflict of interest.
Additionally it should be noted that agency-specific ethics rules and regulations must also be
followed whenever an agency is involved.
Ethics Handbook 2015| Idaho Legislature
Ethical Limits
Ethics Decision Tree

1. Does this decision/recommendation financially benefit me or my
household personally?
NO
No ethics issue
YES
(consult with attorney)
Get attorney advice and follow!
2. Does this decision benefit me more than:

A. Board, Commission, Government Entity
B. Group or Class of Citizens
C. Industry or Occupation Group
NO
Probably OK
YES
Need to Determine:
1. Declare the conflict.
2. Are you precluded from voting?
NO
YES
Declare & Vote
House: Declare abstain

Senate: Motion to Excuse
1) ETHICS IN GOVERNMENT ACT

2) BRIBERY AND CORRUPT INFLUENCES ACT
3 ) PROHIBITION AGAINST CONTRACTS WITH OFFICERS ACT
1) ETHICS IN GOVERNMENT ACT

INTRODUCTION TO ETHICS IN GOVERNMENT ACT
The Ethics in Government Act was passed by the legislature in 1990 and is Title 59, Chapter 7 of
Idaho Code. The Act sets forth ethical requirements for legislators. It states that public office at
all levels is a position of trust and public officials must ensure the following with respect to
public interest:7
Protect the integrity of government throughout the state of Idaho while at the same
time facilitating recruitment and retention of personnel needed within government.
Assure independence, impartiality and honesty of public officials in governmental

functions.
Inform citizens of the existence of personal interests which may present a conflict of
interest between an officials public trust and private concerns.
Prevent public office from being used for personal gain contrary to the public
interest.
Prevent special interests from unduly influencing governmental action.
Assure that governmental functions and policies reflect, to the maximum extent
possible, the public interest.8
CONFLICT OF INTEREST
The Act mandates that representatives disclose any conflict of interest in any matter in which they
may take official action, make a formal decision, or make a recommendation.9 Consistent with
the Act, House Rule 38 and Senate Rule 39 also require disclosure when conflicts exist. A
conflict of interest is generally a potential financial or business gain. The gain may benefit the
representative or a member of his household. According to the statute, a conflict of interest is
generally any official action, decision, or recommendation from a legislator in his official
capacity that results in private pecuniary benefit to the legislator, to a member of his household,
or to a business with which he or a member of his household is associated.10 A pecuniary benefit
is a money, property, or commercial interest, with a primarily economic value.11

EXCEPTIONS to Disclosing a Conflict of Interest
If the benefit affects a group or class in the same manner that it affects the legislator, then a
conflict of interest probably does not exist. Specifically, the statute makes the following
exceptions when defining conflict of interest:
An interest or membership in a particular business, industry, occupation, or class required

by law as a prerequisite to becoming a legislator is not a conflict.
Any action which would affect all the members of industry or occupational group to the
same degree as it affects the legislator or a member of his household is not a conflict.
Any interest flowing from the legislators profession, trade, or occupation when he would
be affected to the same degree as any other member of a group or class is not a conflict.
Any action upon a revenue measure, an appropriation measure, or any measure imposing
a tax, when similarly situated members of the general public are affected by the tax or
revenue in a substantially similar way and to the same degree is not a conflict.12
Within the Idaho Code, there are two definitions for purposes of understanding the reach of
conflicts of interest. First, Idaho Code 59-703(7) indicates that members of the household
include the spouse and dependent children of the public official, and/or any persons whom the
public official is legally obligated to support.13 In reading this definition without the prohibitions
contained in Title 18, certain types of actions are prohibited by a public official if it involves
anyone related to the public official by blood or marriage within the second degree of
consanguinity.14 To more fully understand the second degree of consanguinity, the chart below
explains it. In simplest terms, any relation by blood or marriage that would have a 1 or a 2
next to it would likely prohibit official action under the prohibitions contained in Title 18.

PROCEDURES TO FOLLOW WHEN A POTENTIAL CONFLICT EXISTS
To determine whether a conflict may exist, the legislator should do the following:
Identify the ethical issue.

Find out what laws and regulations pertain to the issue.
Follow any instructions in the pertinent laws and regulations.
Seek advice. The legislator may seek advice from:
o Leadership
o An independent attorney
o An attorney representing the government
o The Office of the Attorney General of the State of Idaho
If the representative or senator determines that there is a conflict, or receives advice that a
potential or actual conflict exists, the representative or senator must disclose the conflict
to the Speaker of the House/President Pro Tem or the Chairman of the germane
committee.
Disclosing a conflict does not prevent the official from being counted towards a quorum. It also
does not affect the officials ability to debate or vote on the matter, except if he has requested to
be excused from debate or vote.15
A legislator who has a conflict of interest may request to be excused from voting on an issue
which involves the conflict. If he so requests and the House or Senate does not excuse him, he
will be exempt from any civil or criminal liability related to the conflict.16
See the Ethics Decision Tree (page 3)
PENALTIES
CIVIL
Under Idaho Code 59-705(1), failure to disclose a conflict of interest could subject an
official to a fine of up to $500.
Additionally, the House or Senate may further discipline their own members for any
ethical violations.17
Neither of these penalties prevents a criminal prosecution for violation of Idahos Bribery
and Corrupt Influences statutes.
CRIMINAL
Failure to disclose a conflict may be found to be a misdemeanor and penalized by a fine

of five hundred dollars or less.18
Failure to disclose a conflict may also be a criminal act.19 A convicted official may be
removed from office.20

2) BRIBERY AND CORRUPT INFLUENCES ACT
INTRODUCTION TO THE BRIBERY AND CORRUPT INFLUENCES ACT

The Bribery and Corrupt Influences Act is codified in Title 18, Chapter 13, of the Idaho Code. It sets
forth prohibited practices and defines bribery and corruption in political matters.21
PROHIBITED COMPENSATION AND BRIBERY

BRIBES
Bribery is a felony. A legislator may not offer or accept a bribe. The legislator may be found
guilty of bribery if he offers, gives, agrees to give, solicits, accepts, or agrees to accept:
Any benefit, including pecuniary benefit, in exchange for a vote, decision, opinion,
recommendation, or other exercise of official power.
Any benefit in exchange for violating a known legal duty as a legislator.22 (emphases
added)
A legislator may still be guilty of bribery even if he performed these acts outside of the scope of
his official power, if he acted in a jurisdiction that was not his, if he has not yet assumed office, or
if for any other reason he was not qualified to perform the act.23
Benefit is defined as gain or advantage, or anything regarded by the beneficiary as gain or
advantage, including benefit to any other person or entity in whose welfare he is interested.24
This does not include advantages promised to a group of constituents and political issues that the
official supports or opposes.25
A pecuniary benefit is money, property, or commercial interests, with a primarily economic
value.26
These prohibitions also extend to officials of political parties.27 Thus, these laws govern
legislators in their capacity as elected officials as well as their capacity as party officials.
A party official is a person, at any level, who holds a post in a political party and participates in
directing or conducting affairs of the party.28
PROHIBITED COMPENSATION FOR PAST OFFICIAL ACTS

Legislators may not solicit, accept, or agree to accept any pecuniary benefit in exchange for a
vote, decision, opinion, or recommendation provided in an official capacity. They may not
exercise discretion in favor of the giver. They may not offer any such benefits to another
public official. If they do, they are guilty of a misdemeanor.29

RETALIATION FOR PAST OFFICIAL ACTS
Legislators may not harm others by an unlawful act, in retaliation for any vote, decision,
opinion, recommendation, or act that was performed in an official capacity.30 If they do, they
may be found guilty of a crime.
GIFTS BY CONSTITUENTS OR PERSONS WITHIN JURISDICTION

A legislator who is concerned with government contracts or any pecuniary transaction of the
government may not solicit, accept, or agree to accept any pecuniary benefit from any person
who may be interested in the contract or transaction.31
A legislator may not solicit, accept, or agree to accept any pecuniary benefit from any person
who may become interested in a bill, legislation, proceeding, or transaction.32
Legislators may not themselves offer such gifts to other public officials.33
Offering prohibited gifts to public officials is a misdemeanor.34
EXCEPTIONS FOR DE MINIMIS AND CAMPAIGN CONTRIBUTIONS

Idaho Code 18-1356(4) permits certain express types of gifts to public officials. The three
categories most relevant to legislators are:
1. Gifts on account of kinship or relationship independent of the official status of the
legislator. The best test of this is to ask whether you and the gift giver were exchanging
gifts prior to your election. If the answer is no, then the gift is suspect.
2. Trivial gifts, which are defined as those less than $50, which pose no substantial risk of
undermining impartiality.
3. Benefits that are received and disclosed as lobbying activity under the authority of Idaho
Code, Chapter 66, Title 67.
Additionally, campaign contributions which comply with the requirements of Idahos
Campaign Finance Laws are permitted.
COMPENSATION FOR ASSISTING PRIVATE INTERESTS

Legislators may not solicit, accept, or agree to accept any pecuniary benefit in exchange for
assistance or advice in preparing or promoting a bill, a contract, a proposal, or any other
transaction over which he may have official discretion.35
Legislators are further prohibited from offering such benefits to other public officials.36

SELLING POLITICAL ENDORSEMENT
Legislators are prohibited from soliciting, receiving, agreeing to receive, or agreeing that any
other person or political party will receive any pecuniary benefit in exchange for:
Approval or disapproval of an appointment
Approval or disapproval of an advancement in office
Approval or disapproval of any person for a benefit conferred by the government
Approval or disapproval of any transaction for a benefit conferred by the government37
Approval means recommendation, failure to disapprove, favor, or any other acquiescence.

Disapproval means failure to approve, disfavor, or any other nonacquiescence.38
Legislators are further prohibited from paying or offering to pay for such benefit in exchange
for any of the approvals or disapprovals listed.39
Engaging in these prohibited endorsements may be found to be a misdemeanor.40
THREATS AND IMPROPER INFLUENCES

No one may threaten to harm a public official in order to influence his vote, decision,
opinion, recommendation, or any other exercise of official duties as a public official, a
voter, a party official, or during a proceeding. Additionally, no one may threaten to harm
a public official to influence him to violate a known legal duty. Also, no one may
threaten to privately address (or take care of) a public official during a proceeding in
order to influence the outcome of the proceeding, except as authorized by law.41
These threats are prohibited even if the public official is not qualified to perform the act
for any reason, including being outside of his jurisdiction or not having yet taken office.42
Any such threat may be found to be a felony if intended to influence the outcome of a
proceeding. Otherwise, it may be found to be a misdemeanor.43 If the threat is for bodily
harm or to life, and is knowingly and willfully made, then the threat may be found to be a
misdemeanor. If the threat is in writing and is deposited in the mail, it may be found to be
a misdemeanor. If the threat is made while displaying a firearm or a dangerous weapon,
then it may be found to be a felony.44 Any second or subsequent conviction of any such
threat may be found to be a felony. The threatening person may be sentenced to a term of
five years or less in a state penitentiary.45
SPECIAL INFLUENCE
Legislators may not solicit, receive, or agree to receive any pecuniary benefit in exchange for
exerting special influence upon another public official, or employee, or servant.46
10

Special influence means power to influence through kinship, friendship, or a relationship
different from the merits of the transaction in essence, any influence other than purely
based on the merits of the issue.47
USING PUBLIC POSITION FOR PERSONAL GAIN

Legislators are strictly prohibited from using their public position or any public funds for a
personal benefit, unless prior approval is received from the Senate or the House of
Representatives.48 These prohibitions include, but are not limited to:
No Financial Gain: Legislators may not solicit, receive, or accept any pecuniary benefit
in return for conduct performed as their official duties.49
Exception: Trivial benefits worth less than fifty dollars incidental to business
contacts and without the risk of affecting impartiality are permitted.50
No Violation of Confidentiality: Legislators may not use or disclose confidential
information gained in the course of their work for any purpose outside of official duties.51
No Interest in Contracts: Neither legislators nor their households may be a party in any
contract made by them or by a board or body on which they serve.52 Additionally, legislators
may not commit any acts53 prohibited by the Contracts Act.54
No Nepotism: Legislators may not employ or promote their family members.

o
No legislator may employ, appoint, or vote for appointment of any family

member where compensation will be paid from public funds or fees of office. A
family member is anyone related to the legislator by blood or through marriage to
the second degree of the consanguinity chart.55
A legislator may also NOT employ, appoint, or vote for appointment of a family
member of another public official, if that employment or appointment is in
exchange for the employment or appointment of the legislators own family.
Family is anyone related by blood or marriage to the second degree.56
If a legislator authorizes payment of compensation or monies to any such person

described above, the legislator may additionally be found guilty of a
misdemeanor for authorizing payment.57
3) PROHIBITION AGAINST CONTRACTS WITH OFFICERS ACT

INTRODUCTION TO THE PROHIBITION AGAIANT CONTRACTS WITH
OFFICERS ACT
The Prohibitions against Contracts with Officers Act is codified in Title 59, Chapter 2 Idaho
Code. The Act prohibits any public officer, including legislators, from having an interest in any
11

contract made by him in his official capacity or by any board or body of which he is a member.58
This prohibition extends to any sales or purchases made by the legislator in his official capacity.59
PROHIBITED CONDUCT RELATING TO CONTRACTS
A public official is prohibited from:
Being a purchaser or a vendor in any sale made by the legislator in his official capacity.60
Being a seller or vendor in any purchase made by the legislator in his official capacity.61
Entering into a contract in which he has an interest.62
A board or body of which the legislator is a member entering into a contract in which the
legislator is interested; i.e., a Board member cannot enter into contracts with a body or
board of which he is a member.63
Permitting transfer of any contract, order, or interest by the person to whom it is given
without the written approval of the contract administrator.64
Directly, himself, or through any other person, making a contract or agreement on behalf
of the State of Idaho.65, 66
Influencing the award of a contract to any particular vendor, depriving any vendor of a
contract67, 68 or conspiring with anyone to do so.69
Failure to utilize an open contract without justifiable cause.70
Accepting any property that does not meet specifications or performance tests.71
PENALTIES
Anyone who violates these provisions may be found guilty of a misdemeanor or a felony as
determined by the Idaho Code. The violator may be punished with a fine of up to one thousand
dollars or incarceration in the county jail for up to one year, or both.
12

RULE 38 Members must Vote
HOUSE RULE 38
(1) Except as provided in subsection (3), every member present within the bar of the House shall vote on
any question put, unless excused by the House by majority vote of the members present.
(2) When a member casts his vote, unless he is paired pursuant to Rule 41, he must be in his seat on the
floor of the House and remain seated until the roll call is announced.
(3) A member has the right to vote upon all questions before the House and to participate in the business
of the House and its committees and, in so doing, the member is presumed to act in good faith and in the
public interest. If a members personal interest in the issue under consideration conflicts with the publics
interest, the members legislative activities can be subject to limitations, unless such conflicts are
disclosed to the presiding officer or to the body. Upon disclosure of any such conflict, the member may
vote upon any question or issue to which the conflict relates, unless the member requests to be excused.
____________________________________________________________________________________
RULE 76 Committee on Ethics

HOUSE RULE 76
(1) Before the end of the twelfth day of the first regular session of each Legislature, an Ethics Committee
shall be organized and its membership shall be determined. The Ethics Committee shall consist of five
members of the House, three of whom shall be members of the majority party and two of whom shall be
members of the minority party. House members holding leadership positions shall not serve on the Ethics
Committee. Committee chairmen may serve on the Ethics Committee. Ethics Committee members shall
not have been previously sanctioned by the House for an ethics violation pursuant to this rule.
(2) The Caucus Chairman of each party shall conduct the election of Ethics Committee members as
follows:
(a) Phase I: At a designated caucus meeting, each Caucus Chairman shall receive from members of
his respective caucus a silent ballot nominating to membership on the ethics committee up to three
members who have previously served at least one full term. Each Caucus Chairman and the two
elected at-large Legislative Council members for the caucus shall prepare a ballot of nominees
consisting respectively of the five nominees for the majority party and the four nominees for the
minority party receiving the most nominating votes.
(b) Phase II: By silent ballot, each member of the majority party shall vote for three and of the
minority party for two nominees on their respective ballots. The Caucus Chairman and the two
elected at-large Legislative Council members for the caucus shall count the votes and prioritize the
members from greatest to least number of votes received. The three members of the majority party
and the two members of the minority party receiving the highest number of votes shall be members of
the Ethics Committee for the term of the Legislature. Others receiving votes shall serve in order of
priority as committee alternates for their respective party.
(c) Committee members may be reelected to a subsequent committee. A vacancy on the committee
shall be filled with the highest priority alternate available to the party entitled to fill the vacancy.
When no elected alternates are available to fill a vacancy, such vacancy shall be filled by majority
13

vote of the House members of the party entitled to fill the vacancy. Except as otherwise provided in
subsection (9) of this rule, a member filling a vacancy shall serve for the remainder of the unexpired
term.
(d) The Speaker of the House shall appoint one of the members of the committee as chairman of the
committee.
(3) The chairman of the Ethics Committee shall receive complaints from any member of the House.
(a) The complaint shall be in writing, signed and contain one or more of the following allegations:
(i) Conduct unbecoming a representative which is detrimental to the integrity of the House as a
legislative body;
(ii) Disclosure of information that is confidential as provided in House rules;
(iii) Conduct constituting a felony under any state law, or which violates any state law relating to
the use of public office for private pecuniary gain;
(iv) A violation of any state law or House rule relating to conflicts of interest involving legislative
duties; or
(v) A violation of any state law or House rule that brings discredit to the House of
Representatives or that constitutes a breach of public trust.
(b) The complaint shall be specific and provide:
(i) The name of the member of the House of Representatives alleged to be in violation;
(ii) Reference to the House rule and/or applicable state law supporting the alleged violation;
(iii) A description of the facts and circumstances supporting each alleged violation; and
(iv) The evidence the complainant has at the time of making the complaint supporting the facts
and violation alleged in the complaint.
(c) Subject to the provisions of this rule, the committee shall review the written complaint. The
committee shall dismiss any ethics complaint that:
(i) Does not comply with this rule; or
(ii) Alleges violations that occurred either before the accused member was first elected to the
House of Representatives or for which an applicable statute of limitation has run.
(d) Written complaints shall remain confidential until such time as the Ethics Committee finds
probable cause that such member has committed misconduct as provided in this rule.
(4) The committee shall notify the person against whom the complaint was brought and shall provide
such person with a copy of the complaint and evidence submitted supporting the complaint. The person
complained against may submit a written answer to the committee. The member complained against shall
provide such written answer to the chairman of the committee no later than fourteen days following the
date that the copy of the complaint was provided to the member complained against. Following receipt of
the answer, or if no answer to the complaint is provided to the chairman within the time period provided,
the committee shall meet and conduct a preliminary investigation of the complaint. Notwithstanding the
provisions of House Rule 57, such meeting shall be held in executive session. At the preliminary
investigation, the committee shall determine, based upon the complaint, other relevant information and
the answer to the complaint, whether probable cause exists that the member committed misconduct as
provided in this rule. If, at the conclusion of the preliminary investigation, the committee determines no
probable cause exists that misconduct has occurred, the complaint shall be dismissed and the written
complaint shall remain confidential. If, at the conclusion of the preliminary investigation, the committee
14

determines probable cause exists that misconduct may have occurred, the committee shall so notify the
person complained against and the written complaint against the member shall no longer be confidential
but shall become a public document.
(5) Following a finding of probable cause and in a timely fashion, the committee shall conduct a public
hearing before which the member shall be entitled to appear, present evidence, cross-examine witnesses,
and be represented by counsel. The complainant or authorized agent of the complainant shall first present
the complaint and supporting evidence and testimony to the committee. The committee shall have the
power to take testimony under oath and to issue subpoenas and subpoenas duces tecum in the manner
provided in Section 67-407, Idaho Code, and make inquiry and discover evidence relevant to the
allegation. Formal rules of evidence are not applicable; however, evidence shall be weighed according to
its reliability, and the accused may raise objection to any evidence. The accused may defer presentation of
any defense until all of the evidence has been presented in support of the complaint. The accused shall
have a full and fair opportunity to obtain and review all of the evidence in support of the complaint.
(6) If after investigation and hearings held pursuant to this rule, the committee finds by clear and
convincing evidence that a violation of the standards contained in this rule occurred, the committee shall
make appropriate recommendations to the House of Representatives. By four-fifths vote of the
committee, the committee shall recommend dismissal of the charges, reprimand, censure or expulsion,
provided that a recommendation for expulsion shall only be based upon a finding beyond reasonable
doubt that misconduct involves commission of a felony or use of public office for pecuniary gain under
subsection (3)(a)(iii) of this rule. The sanction of censure may be with or without conditions or
restrictions placed upon the member. The committee shall prepare a report setting forth its findings,
recommendation and reasons for such recommendation. The House of Representatives shall vote on the
recommendation of the committee, as set forth in the report, during the regular session of the Legislature
in which the committee reports. If the committee meets and reports during the interim when the
Legislature is not in session, then the House of Representatives shall vote on the committee
recommendation during the next regular session of the Legislature. If the committee does not issue a
recommendation within thirty days of the conclusion of the public hearing, the complaint shall be deemed
dismissed. Expulsion of a House member shall require the affirmative vote of two-thirds of the members
elected to the House, as provided by Section 11 of Article III of the Constitution. Reprimand or censure of
a member shall require the affirmative vote of a majority of the members elected to the House.
(7) The committee may retain such counsel and may hire such investigators as it deems necessary for the
performance of its duties under this rule. All expenditures incurred pursuant to this subsection shall be
approved by the Chairman and paid by vouchers and warrants drawn as provided by law from
appropriations made to the Legislative Account.
(8) The committee may adopt rules of procedure for the orderly conduct of committee meetings,
investigations and hearings, which rules shall be consistent with this rule and other applicable rules and
statutes.
(9) If the written signed complaint concerns misconduct of a member of the Ethics Committee, then that
member shall be disqualified and shall not serve on the committee for any purpose relating to such
complaint. A vacancy on the committee created as a result of this subsection shall be filled by an alternate
in accordance with the provisions of subsection (2)(c) of this rule, except that the fulfillment of any such
vacancy shall only be for purposes relating to such complaint.
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SUMMARY OF RULE 76
THE COMMITTEE
House Rule 76 provides for a Committee on Ethics to oversee House ethics. The committee is
formed no later than the twelfth day of the first regular session of each legislature and will consist
of five members of the House. Of these five members, three members are elected by the majority
caucus and two are elected by the minority caucus. One of the five members of the committee
will serve as the chairman of the committee; the chairman is appointed by the Speaker of the
House. House members holding leadership positions may not serve on the Ethics Committee, but
committee chairmen may. Further, no one previously sanctioned for an ethics violation may serve
on the committee.72
The committee has the power to take testimony under oath and to issue subpoenas. The
committee is empowered to make inquiry and discover evidence relevant to the allegation.
Formal rules of evidence are not applicable to the committee; nevertheless, evidence shall be
evaluated according to its reliability. Any official accused in the complaint may raise objection to
any evidence and will have a full and fair opportunity to obtain and review all of the evidence.
The accused may defer presentation of any defense until all of the evidence has been presented.73
Additionally, the committee may adopt rules of procedure for committee meetings, investigations,
and hearings.74
COMPLAINTS
Any complaints of an ethical nature must be brought by a current House member, not the general
public, and are directed to the Chairman. Complaints remain confidential until the committee
finds probable cause of the violation. If probable cause is found, a public hearing will be
conducted. If after investigation the committee finds a violation, it will make appropriate
recommendations to the House. These recommendations may include sanctions or expulsion of
the member. Action of the House pursuant to Rule 76 is final and not subject to court review.75
The complaint must be in writing and must be signed. The complaint must state the name of the
member of the House of Representatives who has committed the violation, identify the rule or
law that prohibits the behavior, and include a description of the facts and circumstances
supporting each alleged violation as well as any accompanying evidence.76
Any complaints that do not comply with requirements, or allege violations that occurred before
the public official became a member of the House, or for which the statutes of limitations has run
out, will be dismissed. Moreover, if the committee fails to render a decision on the complaint
within thirty days of the public hearing, the complaint will be dismissed.77
ADVERSE ACTIONS
The Committee must prepare a report setting forth its findings, recommendation and reasons for
the recommendation.
Findings must be by clear and convincing evidence for a recommendation of dismissal, censure,
or reprimand; for a recommendation of expulsion, the findings must be beyond a reasonable
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doubt. An affirmative vote of four-fifths of the committee members is required for
recommendation of dismissal of all charges, reprimand, censure, or expulsion.78
The Committee may recommend dismissal of the charges, reprimand, censure, or expulsion. A
recommendation for expulsion must be based on a finding beyond reasonable doubt that
misconduct involves commission of a felony or use of public office for pecuniary gain as
described in Rule 76. The sanction of censure may be with or without conditions or restrictions
placed on the public official.79
If the complaint alleges misconduct of a member of the committee, then that member shall be
disqualified and shall not serve on the committee for any purpose relating to the complaint.80
The House will vote on the recommendation of the committee, as set forth in the report, during
the regular session of the legislature in which the committee reports. If the committee reports
while the legislature is not in session, then it will vote on the committee recommendation during
the next regular session of the legislature.81 Expulsion of a public official who is a member of the
House requires an affirmative vote of two-thirds of the members elected to the House.82
Reprimand or censure requires an affirmative vote of a majority of the members elected to the
House.
It is worth noting that actions taken under House rules are generally not proper subjects for
judicial review. Members should therefore anticipate that House action will be final action.
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RULE 39 Voting
SENATE RULE 39
Voting. -- (A) Every Senator, when a question is put, either on the Senate floor or in committee,
being present and in his seat, shall vote. Any Senator upon a reasonable cause stated may move to
be excused from voting. Such motion is undebatable and requires a two-thirds vote. No Senator
may vote unless present and in his seat nor may he vote for the first time on any question
inconsistent with his position as a moving party or as openly stated in debate. All Senators
reporting present under a Call of the Senate must, after the call is lifted, remain within the Senate
Chamber and vote on the question for which the Senate was called unless excused as herein
provided.
***
Right to Vote. -- (H) A Senator has the right to vote upon all questions before the Senate and to
participate in the business of the Senate and its committees and, in so doing, the Senator is
presumed to act in good faith and in the public interest. A Senator with a conflict of interest under
applicable law shall, on the day of and before casting a vote on the Senate floor, disclose the
conflict verbally or in writing to all members of the Senate present. The presiding officer shall
ensure that such disclosure is entered upon the Journal. A Senator with a conflict of interest under
applicable law shall, on the day of and before casting a vote in committee, disclose the conflict
verbally or in writing to all committee members present. The committee chairman shall ensure
that such disclosure is recorded in the committee minutes. Upon disclosure of any such conflict,
the Senator may vote upon any question or issue to which the conflict relates, unless the Senator
requests to be excused.
In summary, Senate Rule 39 indicates that senators are responsible for disclosing their conflicts of
interest both in session and before committees. But it also notes that the presence of a conflict does not
necessarily prohibit senators from voting on questions before the body. In certain circumstances, senators
can request to be excused from voting.
____________________________________________________________________________________
RULE 53 Committee on Ethics

SENATE RULE 53
(A) The President Pro Tempore shall receive complaints from any Senator concerning the alleged
violation of the Rules of the Senate or the provisions of applicable law by a member of the Senate.
Whenever such a complaint is received, the President Pro Tempore shall appoint a committee on ethics of
six members, consisting of a chairman and five members, three of whom must be appointed with the
concurrence of the leader of the party opposite to the party of the President Pro Tempore.
(B) The complaint shall be in writing, signed, verified and contain one or more of the following
allegations:
(1) Substantial conduct unbecoming a Senator;
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(2) A violation of the Rules of the Senate, including: (i) the disclosure of any information
that is confidential concerning the preliminary investigation provided in subsection (E) of
this Senate Rule; or (ii) the disclosure of any information, preliminary investigation or
written complaint, except as provided in subsection (F) of this Senate Rule;
(3) A violation of any state law relating to the use of public office for private pecuniary gain;
(4) A violation of any state law relating to conflicts of interest; or
(5) A violation of any state law that brings discredit or embarrassment to the Senate or that
constitutes a breach of public trust.
(C) The complaint shall be specific and supported by competent preliminary evidence of the violation of
the Rules of the Senate or the provisions of applicable law, including: (i) the name of the member of the
Senate alleged to be in violation; and (ii) the description of the facts and circumstances supporting each
alleged violation.
(D) The President Pro Tempore shall provide the written complaint to the chairman of the committee on
ethics. Subject to the provisions of this rule, the committee shall review the written complaint. The
committee may dismiss any ethics complaint that:
(1) Does not comply with this Senate Rule;
(2) Contains alleged violations that occurred: (i) two years or more before the date on which
the complaint was submitted to the committee; or (ii) before the accused Senator was
sworn in to the Senate.
(E) The committee shall notify the Senator complained against of the complaint and shall provide the
Senator a copy of the complaint. The Senator complained against may submit a written answer to the
committee. The committee shall make a preliminary investigation of the complaint. Notwithstanding the
provisions of Senate Rule 20, such investigatory meetings shall be held in executive session. If, after
investigation, the committee determines no probable cause exists that a violation has occurred, the
committee shall dismiss the complaint and notify the complaining Senator and the Senator complained
against. All proceedings of the committee, pursuant to this subsection (E), including the complaint and
the appointment of the committee, shall remain confidential.
(F) If, after investigation, the committee determines probable cause exists that a violation may have
occurred, the committee shall so notify the complaining Senator and the Senator complained against. At
that time, the written complaint and the formation of the committee shall no longer be confidential, but
shall become a public document. The Senator complained against may request a hearing before the
committee, before which he shall be entitled to appear, present evidence, cross-examine witnesses, and be
represented by counsel. The committee shall have the power to take testimony under oath and to issue
subpoenas and subpoenas duces tecum in the manner provided in Chapter 4, Title 67, Idaho Code. After
the hearing, the committee may make recommendations to the Senate. The committee may recommend
dismissal of the charges, reprimand, censure, or expulsion. Expulsion of a Senate member shall require
the affirmative vote of two-thirds of the members elected to the Senate, as provided by Section 11 of
Article III of the Constitution. Reprimand or censure of a member shall require the affirmative vote of a
majority of the members elected to the Senate. Action of the Senate pursuant to this rule is final and not
subject to court review.
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(G) The committee may retain such counsel and may hire such investigators as it deems necessary for the
performance of its duties under this rule, or may request an advisory opinion from the Attorney General.
All expenditures incurred pursuant to this subsection (G) shall be approved by the President Pro Tempore
and paid by vouchers and warrants drawn as provided by law from appropriations made to the Legislative
Account.
(H) The committee may adopt rules of procedure for the orderly conduct of committee meetings,
investigations, and hearings, which rules shall be consistent with this rule and other applicable rules of the
Senate and state statutes.
(I) If the complaint concerns misconduct of the President Pro Tempore, then the duties of the President
Pro Tempore in this rule shall be the duties of the floor leader of the same party as the President Pro
Tempore.
SUMMARY OF SENATE COMMITTEE ON ETHICS
A Senator may make a written complaint to the President Pro Tempore regarding a violation of the
Senate rules or Idaho law. Upon receipt of the complaint, the Pro Tem appoints a committee
consisting of six Senate members, including three approved by the minority leader.
The Committee may dismiss any complaint that does not comply with the Senate Rule, alleges
violations older than two years, or predates the accuseds time as a Senator.
The Committee notifies the Senator against whom the complaint is filed. The Senator can then file a
written response. The committee will hold an investigatory meeting in executive session. This
portion of the committees activities is considered confidential.
If the committee finds probable cause to exist, the committee notifies the Senator. The complaint and
committee formation become a matter of public record. The Senator may request a hearing, be
represented by counsel, and cross-examine witnesses. The Committee may take testimony under oath
and issue subpoenas. Following the conduct of the hearing, the Committee may recommend to the
Senate dismissal, reprimand, censure, or expulsion. It is then up to the Senate to accept the
recommendation of the Committee. In the case of a recommendation of expulsion, Idahos
Constitutional requirements must be adhered to as provided in Article III, 11.
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22
Questions & Answers
ETHICS QUESTIONS
1. What if I have a question about an ethics issue?
Consult this handbook. If the answer is unclear, then consult with your leadership or an attorney.
2. What is the purpose of the analysis of the ethical statutes with regard to the actions of
public officials?
The purpose of the ethical statutes is to establish a ground floor for conduct by public officials.
Proper analysis of ethical statutes should not be for loopholes or technicalities by which one
can take advantage of government, the public, or other interested parties. If your analysis requires
that you find a loophole within Idahos ethical statutes, then your conduct is likely unethical.
Ethics for public officials is also tricky for another reason. Within public service, there are often
two courts: the traditional legal system and the media combined with public opinion. A win in
one does not guarantee a win in the other. When determining the proper answer to any ethics
determination, a public official should be mindful of the impact his decision may have both
legally and publicly. Public officials, by the trusteeship given them by the electorate, are held to a
higher ethical standard.
3. Can I consult with the Attorney Generals Office on the second floor of the Capitol?
Yes.
4. Is the information that I give the Attorney Generals Office confidential?
Yes, to the extent that it is protected by the attorney-client privilege. That is, in general, all
information given and received in the course of receiving legal advice regarding a matter is
confidential. Some exceptions exist when the life or health of others is in danger.
5. What if an ethics issue can be analyzed in more than one way?
Many ethical issues confront a gray areathere is no express right or wrong answer.
Consequently, it is possible to receive an answer that is legally correct, but unsatisfying to the
court of public opinion. Caution and awareness should be exercised in these circumstances.
Recognition of this gray area may be an indicator that you should not engage in whatever conduct
you are contemplating.
6. What if I may have inadvertently done something incorrectly or unethically?
It is important in situations such as this to immediately discuss your situation and conduct with
leadership, and possibly with an attorney. Do not try to conceal or hide questionable conduct as
that may constitute its own independent ethics violation in addition to whatever has already
occurred.
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7. What if I suspect or observe an ethics violation?
You might want to bring this observation to the attention of the person involved. It could be as
simple as not understanding that persons circumstances or the impacts of legislation. It could
also be an oversight by the individual, who can then take steps to correct the action. If neither of
these alternatives resolves the situation, you may want to discuss the violation with leadership
before considering remedies under House Rule 76 or Senate Rule 53.
8. What if the ethics violation I observed was not during a legislative session?
It is important to understand what the ethics violation is that occurred outside of the legislative
session. The statutes are applicable to legislators both during and after a legislative session.
Therefore it is recommended that the same steps be followed during or outside of a legislative
session.
9. How does the public file an ethics complaint against a representative?
A member of the public can lodge a complaint against a legislator by contacting his district
representative or senator, the Chairman of the House Ethics Committee, or the Speaker of the
House or President Pro Tempore of the Senate. However, only members of the House or Senate
may file a formal complaint against a member of their own body.
DEFINITIONS OF PERSONS QUESTIONS
1. With respect to the prohibitions in this handbook, who is my family or household?
Household is defined in the Idaho Code as family, spouse, dependent children of the public
official, and persons whom the public official is legally obligated to support. Additionally, it
includes persons within the first and second degrees in the consanguinity chart (below). This
means that a household consists of family members within all the blocks labeled with numbers 1
or 2.
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Questions & Answers

2. Who is a public official or public officer?
In this context, public official and public officer are likely the same and refer to those holding
public office.
While the term public officer is not defined in relevant ethics statutes, public official is defined in
Idaho Code. Given the similarity of the terms public official and public officer and their use
throughout Idaho Code, public officer and public official are likely the same. Within Idaho, a
legislator is considered to be a public official.
PROHIBITED ACTS QUESTIONS

1. What activities are prohibited when there is a conflict of interest?
The most important step in any conflict of interest situation for a member is to disclose the
conflict under either House Rule 38 or Senate Rule 39. No action should be taken if there is a
conflict, before first disclosing the conflict. Disclosure of a members conflict should be made
prior to the beginning of the roll-call vote. The steps for disclosure are outlined in each respective
rule. Having an interest in a contract made by a representative in his official capacity, or by any
board or body of which he is a member, is prohibited even with disclosure.83
2. When should I refrain from voting on a bill?
A member can ask to be excused from voting on a bill. Generally, the preference is to disclose a
conflict and then vote on the legislation. But at times the issue may be so close to you or your
household that you will want to ask to be excused from voting. For example, you might want to
ask to be excused from voting if you or your family have a direct personal or a pecuniary interest
in the bill that is unique and not broadly shared by other members of the public.
3. Do the prohibitions defined with respect to public officials also extend to their spouses?
Yes. By Idaho law, all property acquired after marriage is presumed to be community property.
In Nuckols v. Lyle, the Idaho Supreme Court found that a public officer has a pecuniary interest
in the earnings of his spouse from a contract authorized by the public officer. This interest
generally means that a public officer cannot hire or award a contract to his or her spouse.
4. Do prohibitions for conflicts of interest relate to contracts pre-existing when the public
official took office?
Likely not. The statute prohibits an interest in contracts made by them in their official
capacity.84 Thus interests in existing contracts are likely not prohibited. Nevertheless,
renegotiating or acting with discretion on any existing contract may be affected and even
prohibited in certain circumstances85
5. If a major corporate officer of a firm which performs a great deal of work for one of the
state departments should become a member of the Idaho Legislature, would there be any
possibility of a conflict of interest arising out of his holding public office and voting on
appropriations while continuing to be a corporate officer of a private firm?
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Idaho Code provides:
Members of the legislature, state, county, city, district and precinct officers must not be
interested in any contract made by them in their official capacity, or by any body or board of
which they are members.
In addition to constitutional and statutory provisions, the rules of the Senate or House of
Representatives may require that members declare their interest or abstain from voting in
cases involving conflicting personal and public interests.
Similarly, the Idaho Constitution provides in pertinent part:
Each house when assembled shall choose its own officers; judges of the election,
qualifications and returns of its own members, determine its own rules of proceeding, and sit
upon its own adjournments.
6. Can a spouse of a legislator work for the state?
It depends, but such employment must be outside of the legislative branch of government. Idaho
Code expressly provides:
No person related to any member of the legislature by blood or marriage within the second
degree shall be appointed to any clerkship, office, position, employment or duty within the
legislative branch of government or otherwise be employed by the legislative branch of
government when the salary, wages, pay or compensation of such appointee or employee is to
be paid out of public funds. For example, a legislator could not hire his or her spouse as his
or her committee secretary. This conclusion naturally follows Title 59, Chapter 2 of Idaho
Code, which prohibits an interest in contracts made by a public official.
This is a situation in which a legislator should consult with an attorney and leadership prior to his
spouse seeking employment.
7. May an individual serve in the Idaho Legislature and as the mayor of a municipality at
the same time?
Idaho has no constitutional or statutory provisions prohibiting a state legislator from concurrently
holding another public office. However, the common law doctrine of incompatibility of office
should be examined.
The common law doctrine of incompatibility as it relates to one person holding two public offices
is based upon the public policy that public service requires the discharge of official duties with
undivided loyalty. In the question presented, the two positions are not incompatible. The office of
mayor is wholly independent from the state legislature and cannot in any sense be viewed as
subordinate. The duties of the mayor do not conflict or clash with the duties of a state legislator.
Although no Idaho court has directly addressed this issue in a reported decision, some observers
have suggested that holding dual offices violates the distribution of powers clause of Idaho
Constitution. This section provides:
The powers of the government of this state are divided into three distinct departments, the
legislative, executive and judicial; and no person or collection of persons charged with the
26
Questions & Answers

exercise of powers properly belonging to one of these departments shall exercise any powers
properly belonging to either of the others, except as in this constitution expressly directed or
permitted.
In relation to the separation of powers between state and local governments (prohibiting a person
from serving in an executive capacity on the local level and as a legislator in the state
government), this office has been unable to find any authority indicating that the doctrine has any
application. The fact that a state legislator is also a municipal executive officer does not in any
sense impinge or intrude upon the authority of the state judicial or executive branches. Similarly,
the fact that a city mayor is also a state legislator does not intrude upon the authority of the
respective city council. Thus, holding dual public offices, one municipal and one state, does not
violate this section of the Idaho Constitution. This office can find no statutory or common law
prohibition preventing a city mayor from serving in the Idaho Legislature.
GIFTS, CONTRIBUTIONS, AND LOBBYING QUESTIONS

1. When will something that I receive constitute a bribe?
Idaho Code regulates gifts to public servants. Legislators are limited in accepting gifts as
follows:
No legislator or public servant shall solicit, accept or agree to accept any pecuniary benefit in
return for action on a bill, legislation, proceeding or official transaction from any person
known to be interested in a bill, legislation, official transaction or proceeding.
In short, a member cannot accept any gift in return for official action.
This section has some exceptions and shall not apply to:
(a) fees prescribed by law to be received by a public servant, or any other benefit for which
the recipient gives legitimate consideration or to which he is otherwise legally entitled;
(b) gifts or other benefits conferred on account of kinship or other personal, professional or
business relationship independent of the official status of the receiver;
(c) trivial benefits not to exceed a value of fifty dollars incidental to personal, professional or
business contacts and involving no substantial risk of undermining official impartiality;
(d) benefits received as a result of lobbying activities that are disclosed in reports required by
Idaho Code.
This means that a legislator can accept trivial gifts that do not exceed $50.00, as well as gifts
received from friends. Additionally, a legislator may accept a gift from a lobbyist, but that gift
must meet the requirements of the Idaho Sunshine Law and be properly disclosed under that
act.
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2. How do I know if a gift I have received is based on kinship or independent of my status as
a legislator?
There are a few ways to evaluate this question. First, was the giver of the gift a friend before
you were elected? If the answer is no, the gift is suspect. Second, did you regularly receive gifts
from this person prior to your election? If the answer is no, the gift is suspect. Third, is the gift
in proportion with gifts you have previously received from the giver? If the answer is no, the gift
is suspect.
3. Would a regional tour sponsored by a chamber of commerce to acquaint legislators with
a region of the state, provided without charge to every member of the Idaho Legislature,
violate the Bribery and Corrupt Influence Act?
Idaho Code regulates gifts to public servants. It states:
No legislator or public servant shall solicit, accept or agree to accept any pecuniary benefit in
return for action on a bill, legislation, proceeding or official transaction from any person
known to be interested in a bill, legislation, official transaction or proceeding.
There have been no allegations, nor has it ever been suggested, that the efforts of the members of
the chamber of commerce are made in return for legislative action on their behalf. Therefore, the
tour in general does not violate Idaho Code.
Consideration must also be given to Idaho Code which provides:
No public servant shall:
(a) Without the specific authorization of the governmental entity for which he serves, use
public funds or property to obtain a pecuniary benefit for himself.
It is the opinion of the Attorney Generals Office that the legislature did not intend to prohibit and
criminalize participation in activities such as this tour. The combination of official business with
conferences and social activities is a fact of modern life, and it is the opinion of this office that the
legislature did not intend to eliminate that reality. This tour is a legitimate function of the
legislature, and the expenses associated with the tour, if submitted on a voucher, could be
financed by the state.
4. Would a business trip by legislators for the purpose of viewing demonstrations of a
product purchased by the state, in which airfare, food and lodging were paid for by the
vendor, but not entertainment events, violate either the Ethics in Government Act or the
Bribery and Corrupt Influences Act?
The Ethics in Government Act, is directed primarily towards improper activities of public
officials in the course of their official duties. In this case it is apparent that the public officials
would derive some pecuniary benefit from the trip. However, the pecuniary benefit does not
appear personal in nature because the trip is for business purposes only, without any
entertainment or personal activities on the agenda. The facts do not reveal that any official
action or any decision or recommendation has been made by the public officials to the benefit of
the company sponsoring the trip. The trip does not relate to any upcoming bidding or contracting
process in which the company stands to gain or lose. The trip does not seem to violate the Ethics
in Government Act.
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Questions & Answers

Idaho Code is also not an issue in this case. The officials are acting strictly in their official
capacity, there will be no private or personal gain in the form of entertainment or other purely
personal activities, and the business trip appears to be directed solely at a legitimate legislative
function - gathering technical information relevant to the states interest in a product. This type
of informational business trip does not call into question the type of private pecuniary gain or
official action in return for such gain which Idahos ethics laws clearly and strongly outlaw. The
trip would not violate either the Ethics in Government Act or the Bribery and Corrupt Influences
Act.
5. Can I accept promotional gifts such as a Buy Idaho gift bag?
According to Idaho Code a conflict of interest occurs when a legislative official takes official
action or makes an official decision or recommendation, the effect being to the private pecuniary
benefit of such person, the persons household or business. Based on the facts in this case, it is
difficult to foresee any legislator having a conflict of interest resulting from the acceptance of one
of the complimentary gift packs. A conflict of interest requires some official action by the
legislator. From the facts presented in this case, there is no indication the receipt of the gift pack
was the result of any official action, decision or recommendation taken or proposed by any
legislator. Mere acceptance of the gift pack does not violate the provisions of Idaho Code. In
addition, under Idaho Code, trivial gifts or benefits, which do not exceed $50.00 in value, are not
prohibited if they are incidental to personal, professional or business contacts and do not affect
official impartiality.
6. What can I receive in the form of political funds?
Idaho has a comprehensive system of political contribution reporting, known as the Sunshine
Law, which is governed by the Idaho Code. The Idaho Secretary of States office publishes the
Sunshine Law manual and the Campaign Disclosure Manual for Candidates and Political
Committees. Their office provides the reporting forms for all political contributions. A copy of
each of these can be found under the Sunshine Law tab in this handbook. If you have further
questions, consult leadership or an impartial attorney. As a general rule, political contributions
should not be solicited while the legislature is in session. Under no circumstances should
contributions be solicited in return for consideration of legislation.
7. Do I have to report contributions I receive for my political activities?
Idaho has a comprehensive system of political contribution reporting which is governed by the
Sunshine Law. The Idaho Secretary of States office publishes a Sunshine Law manual and the
Campaign Disclosure Manual for Candidates and Political Committees as well as provides the
reporting forms for all political contributions.
8. Are there particular regulations when working with lobbyists?
Legislators must abide by the same ethical requirements when conducting official business,
including when working with lobbyists. Those requirements are outlined in this handbook.
Additionally, the Sunshine Law sets forth specific requirements for lobbyists. The Sunshine Law
can be found under its own tab in this handbook.
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STATUTORY INTERPRETATION QUESTION
1. Is there overlap between the various ethical statutes pertaining to public employees and
officials and how should the statutes be analyzed?
Yes. The first step in analyzing which statute applies to a particular situation is to determine
whether there is a specific statute dealing with the governmental entity or the public position in
question. For example, Idaho Code contains a prohibition against school board trustees
contracting with the school district. This statute controls more general anti-contracting provisions.
In addition, when dealing with the more general ethics statutes, there may be some overlap. In the
case where two or more general statutes apply to the same situation, an attempt should be made to
reconcile the statutes.
Too often, conflict analysis begins and ends with an analysis of the Ethics in Government Act.
The Act covers actions by members of legislative or administrative bodies and does not
necessarily prohibit any action, but merely requires disclosure. However, the action creating the
conflict may be prohibited by other provisions contained within the Idaho Code.
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Glossary
Approval
Recommendation, failure to disapprove, favor, or any other acquiescence.
Benefit
Gain or advantage, or anything regarded by the beneficiary as gain or advantage, including
benefit to any other person or entity in whose welfare he is interested.86 This does not include
advantages promised to a group of constituents and political issues that the official supports or
opposes.87
Conflict of Interest
Any official action, decision, or recommendation from a representative in his official capacity
that results in private pecuniary benefit to the representative, to a member of his household, or to
a business with which he or a member of his household is associated.88
Consanguinity
A close relationship or connection.
Disapproval
Failure to approve, or any other manifestation of disfavor, or non-acquiescence.89
Inuring
To become beneficial or advantageous.
Kinship
The broad term for all the relationships that people are born into or create later in life that are
considered binding in the eyes of society.
Nepotism
The unfair practice by a powerful person of giving jobs and other favors to relatives.
Party Official
A person, at any level, who holds a post in a political party and participates in directing or
conducting affairs of the party.90
Pecuniary Benefit
A pecuniary benefit is a money, property, or commercial interest, with a primarily economic
value.91
Special influence
Power to influence through kinship, friendship, or a relationship different from the merits of the
transaction.92
31
32
References
Idaho Constitution Article 7 10
Idaho Code Titles 18, 59, and 67
House Rule 76
House Rule 38 (requiring participation and voting with good faith and disclosure of conflicts)
House Rule 76 (explaining grounds for complaint) 6 Idaho Constitution Article 7 10, House Rule
76, and three statutes. The three statutes are the Ethics in Government Act, the Bribery and
Corrupt Influences Act, and the Prohibition against Contracts with Officers Act.
6
Idaho Code Titles 18, 59, and 67
House Rule 76
House Rule 76 (explaining grounds for complaint)
Idaho Code 59-701, 702
Idaho Code 59-702
Idaho Code 59-704; House Rule 38, Senate Rule 39 (H)
10
Idaho Code 59-703 (4)
11
12
13
Idaho Code 59-703(7)
14
Idaho Code 18-1359(1)-(5)
15
Idaho Code 59-704; see also House Rule38, Senate Rule 39 (H)
16
Idaho Code 59-704 (1); see also House Rule 38, Senate Rule 39 (H)
17
18

33
19
20
Idaho Code 18-1307, 1360
21
Idaho Code Title 18, Chapter 13
22
Idaho Code 18-1352
23
Idaho Code 18-1352
24
25
26
27
Idaho Code 18-1352
28
29
Idaho Code 18-1354
30
Idaho Code 18-1355
31
32
33
34
35
36
37
38
39
40
Idaho Code 18-1358(1), (3)
41
Idaho Code 18-1353
42Idaho
Code 18-1353
43
Idaho Code 18-1353
44
Idaho Code 18-1353A

34
References
45
Idaho Code 18-1353
46
47
48
Idaho Code 18-1359(1)(a)
49
Idaho Code 18-1359(1)(b)
50
Idaho Code 18-1359(1)(b)
51
Idaho Code 18-1359(1)(c)
52
Idaho Code 18-1359(1)(d)
53
Except if another provision of law permits the act for representatives.
54
Idaho Code 18-1359(1)(f)
55
Idaho Code 18-1359(1)(e)
56
57
58
Idaho Code 59-201
59
Idaho Code 59-202
60
Idaho Code 59-202
61Idaho
Code 59-202
62
Idaho Code 59-201
63
Idaho Code 59-201
64
Idaho Code 67-5726 (1); Idaho Code 59-210 (citing to 67-5726)
65
Idaho Code 67-5726 (1); Idaho Code 59-210 (citing to 67-5726)
For exceptions relating to competitive bids of non-compensated officials see Idaho Code 59-705
(24).
66
67
Idaho Code 67-5726 (2); Idaho Code 59-210 (citing to Idaho Code 67-5726)
For exceptions relating to the administrator of the division of purchasing see Idaho Code 675718.
68
35
69
70
71
72
House Rule 76
73
House Rule 76
74
House Rule 76
75
House Rule 76
76
House Rule 76
77
House Rule 76
78
House Rule 76
79
House Rule 76
80
House Rule 76
81
House Rule 76
82
Idaho Constitution Article 7 10, House Rule 76, Senate Rule 53
83
Idaho Code 59-201; McRoberts v. Hoar, 28 Idaho 163 (1928)
84
Idaho Code 59-201
85
See, City of Imperial Beach v. Baily, 162 Cal. Rptr. 663 (Cal. App. 1980)
86
87
88
89
90
91
92
36
Appendix
The Sunshine Law

for Political Funds
and Lobbyist Activity
Disclosure
Idaho Legislature] | Ethics Handbook 2015
37
THE SUNSHINE LAW

FOR POLITICAL FUNDS
AND LOBBYIST ACTIVITY
DISCLOSURE
Revised 2012
Compiled under the authority of

Ben Ysursa
Secretary of State
State of Idaho
TABLE OF CONTENTS
CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES LOBBYISTS
Section
67-6601
67-6602
67-6603
67-6604
67-6605
67-6606
67-6607
67-6608
67-6609
67-6610
67-6610A
67-6610B
67-6610C
67-6611
67-6612
67-6613
67-6614
Page
PURPOSE OF ACT ............................................................................1
DEFINITIONS .....................................................................................1
APPOINTMENT OF POLITICAL TREASURER..................................5
ACCOUNTS OF POLITICAL TREASURER .......................................6
CONTRIBUTIONS OBTAINED BY A POLITICAL COMMITTEE ........6
EXPENDITURES BY NONBUSINESS ENTITY .................................6
REPORTS OF CONTRIBUTIONS AND EXPENDITURES ................7
DISPOSITION OF UNEXPENDED BALANCES ................................8
STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE .......9
CONTRIBUTION IN EXCESS OF FIFTY DOLLARS..........................9
LIMITATIONS ON CONTRIBUTIONS.................................................9
RETIRING DEBT .............................................................................. 11
USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. 11
INDEPENDENT EXPENDITURES ...................................................12
CONTENTS OF REPORTS ..............................................................13
COMMERCIAL REPORTING ...........................................................13
IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND
EXPENDITURES ............................................................................13
67-6614A PUBLICATION OR DISTRIBUTION OF POLITICAL
STATEMENTS ..................................................................................13
67-6615 INSPECTION BY SECRETARY OF STATE .....................................14
67-6616 EXAMINATION OF STATEMENTS...................................................14
67-6617 REGISTRATION OF LOBBYISTS ....................................................14
67-6618 EXEMPTION FROM REGISTRATION .............................................15
67-6619 REPORTING BY LOBBYISTS ..........................................................16
67-6620 EMPLOYMENT OF UNREGISTERED PERSONS...........................17
67-6621 DUTIES OF LOBBYISTS..................................................................17
67-6622 DOCKET CONTENTS REPORTS TO LEGISLATURE
SUBJECTS OF LEGISLATION WRITTEN AUTHORIZATION .....18
67-6623 DUTIES OF SECRETARY OF STATE ..............................................18
67-6624 STATEMENTS TO BE CERTIFIED...................................................19
67-6625 VIOLATIONS CIVIL FINE MISDEMEANOR PENALTY
PROSECUTION LIMITATION VENUE ....................................19
67-6625A LATE FILING OF STATEMENT OR REPORT FEES.....................20
67-6626 INJUNCTIONS..................................................................................20
67-6627 SEVERABILITY ................................................................................20
67-6628 CONSTRUCTION .............................................................................20
67-6629 PERSUASIVE POLL CONCERNING CANDIDATE MUST
IDENTIFY PERSON OR ENTITY PAYING FOR POLL...................20
67-6630 ELECTIONEERING COMMUNICATIONS STATEMENTS ............21
CHAPTER 66
ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
LOBBYISTS
67-6601. PURPOSE OF ACT. The purpose of this act is:
(a) To promote public confidence in government; and
(b) To promote openness in government and avoiding secrecy by those
giving financial support to state election campaigns and those promoting or
opposing legislation or attempting to influence executive or administrative
actions for compensation at the state level. [Init. Measure 1974, No. 1,
1; S.L. 2006, Ch. 106]
67-6602. DEFINITIONS. As used in this chapter, the following terms
have the following meanings:
(a) Candidate means an individual who has taken affirmative action to
seek nomination or election to public office. An individual shall be deemed to
have taken affirmative action to seek such nomination or election to public
office when he first:
(1) Receives contributions or makes expenditures or reserves space
or facilities with intent to promote his candidacy for office; or
(2) Announces publicly or files for office.
(3) For purposes of this chapter, an incumbent shall be presumed to be
a candidate in the subsequent election for his or her office. Contributions
received by an incumbent candidate shall not be in excess of the
prescribed contribution limits for the subsequent election by which
the incumbent candidates name would first appear on the ballot. An
incumbent shall no longer be a candidate for his or her office after the
deadline for the filing of a declaration of candidacy to first appear on
the ballot for that office has expired.
(b) 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, to do 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.
(c) Contribution includes any advance, conveyance, forgiveness of
indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
or transfer of money or anything of value, and any contract, agreement,
promise or other obligation, whether or not legally enforceable, to make
a contribution, in support of or in opposition to any candidate, political
committee or measure. Such term also includes personal funds or other
property of a candidate or members of his household expended or transferred
to cover expenditures incurred in support of such candidate but does not
-1-
include personal funds used to pay the candidate filing fee. Such term also
includes the rendering of personal and professional services for less than
full consideration, but does not include ordinary home hospitality or the
rendering of part-time personal services of the sort commonly performed
by volunteer campaign workers or advisors or incidental expenses not in
excess of twenty-five dollars ($25.00) personally paid for by any volunteer
campaign worker. Part-time services for the purposes of this definition,
means services in addition to regular full-time employment, or, in the case
of an unemployed person or persons engaged in part-time employment,
services rendered without compensation or reimbursement of expenses
from any source other than the candidate or political committee for whom
such services are rendered. For the purposes of this act, contributions,
other than money or its equivalents shall be deemed to have a money value
equivalent to the fair market value of the contribution.
(d) Election means any general, special or primary election.
(e) Election campaign means any campaign in support of or in
opposition to a candidate for election to public office and any campaign in
support of, or in opposition to, a measure.
(f) (1) Electioneering communication means any communication
broadcast by television or radio, printed in a newspaper or on a billboard,
directly mailed or delivered by hand to personal residences, or telephone
calls made to personal residences, or otherwise distributed that:
(i) Unambiguously refers to any candidate; and
(ii) Is broadcasted, printed, mailed, delivered, made or distributed
within thirty (30) days before a primary election or sixty (60) days
before a general election; and
(iii) Is broadcasted to, printed in a newspaper, distributed to, mailed
to or delivered by hand to, telephone calls made to, or otherwise
distributed to an audience that includes members of the electorate
for such public office.
(2) Electioneering communication does not include:
(i) Any news articles, editorial endorsements, opinion or
commentary, writings, or letter to the editor printed in a newspaper,
magazine, or other periodical not owned or controlled by a candidate
or political party;
(ii) Any editorial endorsements or opinions aired by a broadcast
facility not owned or controlled by a candidate or political party;
(iii) Any communication by persons made in the regular course
and scope of their business or any communication made by a
membership organization solely to members of such organization
and their families;
(iv) Any communication which refers to any candidate only as part
of the popular name of a bill or statute;
(v) A communication which constitutes an expenditure or an
independent expenditure under this chapter.
-2-
(g) Executive official means:

(1) The governor, lieutenant governor, secretary of state, state controller,
state treasurer, attorney general, superintendent of public instruction and
any deputy or staff member of one (1) of those individuals who, within the
course and scope of his or her employment, is directly involved in major
policy influencing decisions for the office;
(2) 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;
(3) 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;
(4) 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;
(5) 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
(6) 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.
(h) 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.
(i) Independent expenditure means any expenditure by a person for
a communication expressly advocating the election, passage or defeat of a
clearly identified candidate or measure that is not made with the cooperation
or with the prior consent of, or in consultation with, or at the consent of, or
in consultation with, or at the request of a suggestion of, a candidate or
any agent or authorized committee of the candidate or political committee
supporting or opposing a measure. As used in this subsection, expressly
advocating means any communication containing a message advocating
election, passage or defeat including, but not limited to, the name of the
candidate or measure, or expression such as vote for, elect, support,
cast your ballot for, vote against, defeat or reject.
(j) Lobby and lobbying each means attempting through contacts
with, or causing others to make contact with, members of the legislature
or legislative committees or an executive official, to influence the approval,
modification or rejection of any legislation by the legislature of the state of
-3-
Idaho 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 and lobbying shall also mean
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 associations
or other organizations act of communicating with the members of that
association or organization; and provided that 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 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.
(k) Lobbyist includes any person who lobbies.
(l) Lobbyists employer means the person or persons by whom a
lobbyist is employed, directly or indirectly, and all persons by whom he is
compensated for acting as a lobbyist.
(m) Measure means any proposal, to be voted statewide, submitted
to the people for their approval or rejection at an election, including any
initiative, referendum, recall election for statwide or legislative district
offices, or revision of or amendment to the state constitution. An initiative or
referendum proposal shall be deemed a measure when the attorney general
reviews it and gives it a ballot title. A recall shall be deemed a measure
upon approval of the recall petition as to form pursuant to section 34-1704,
Idaho Code.
(n) Nonbusiness entity means any group (of two (2) or more
individuals), corporation, association, firm, partnership, committee, club or
other organization which:
(1) Does not have as its principal purpose the conduct of business
activities for profit; and
(2) Received during the preceding calendar year contributions, gifts or
membership fees, which in the aggregate exceeded ten percent (10%)
of its total receipts for such year.
(o) Person means an individual, corporation, association, firm,
partnership, committee, political party, club or other organization or group
of persons.
(p) Political committee means:
(1) Any person specifically designated to support or oppose any
candidate or measure; or
(2) Any person who receives contributions and makes expenditures in
-4-
an amount exceeding five hundred dollars ($500) in any calendar year

for the purpose of supporting or opposing one (1) or more candidates
or measures. Any entity registered with the federal election commission
shall not be considered a political committee for purposes of this
chapter.
(3) A county, district or regional committee of a recognized political party
shall not be considered a political committee for the purposes of this
chapter unless such party committee has expenditures exceeding five
thousand dollars ($5,000) in a calendar year.
(q) Political treasurer means an individual appointed by a candidate
or political committee as provided in section 67-6603, Idaho Code.
(r) Public office means any state office or position, state senator,
state representative, and judge of the district court that is filled by election.
[Init. Measure 1974, No. 1, 2; S.L. 1977, Ch. 180; S.L. 1978, Ch. 58; S.L.
1986, Ch. 218; S.L. 1992, Ch. 196; S.L. 1993, Ch. 189; S.L. 1994, Ch. 5;
S.L. 1994, Ch. 379; S.L. 1997, Ch. 393; S.L. 1999, Ch. 176; S.L. 2001,
Ch. 291; S.L. 2004, Ch. 277; S.L. 2005, Ch. 254; S.L. 2006, Ch. 106; S.L.
2007, Ch. 306; S.L. 2012, Ch. 162]
67-6603. APPOINTMENT OF POLITICAL TREASURER. (a) Each
candidate and political committee shall appoint a political treasurer and
certify the full name and complete address of the political treasurer to the
Secretary of State. A political treasurer so appointed shall be a registered
elector of this state. An individual may be appointed and serve as political
treasurer for a candidate and a political committee or two (2) or more
candidates or political committees. A candidate may appoint himself his
own political treasurer.
(b) A candidate or political committee may remove his or its political
treasurer. In case of the death, resignation or removal of his or its political
treasurer before compliance with all obligations of a political treasurer under
this act, such candidate or political committee shall appoint a successor
and certify the name and address of the successor in the manner provided
in the case of an original appointment.
(c) No contribution shall be received or expenditure made by or on
behalf of a candidate or political committee:
(1) until the candidate or political committee appoints a political treasurer
and certifies the name and address of the political treasurer to the Secretary
of State, or in the event of a vacancy in the office of political treasurer, has
certified the name and address of the successor as provided therin [therein];
and
(2) unless the contribution is received or expenditure made by or through
the political treasurer for the candidate or political committee. [Init. Measure
1974, No. 1, 3]
-5-
67-6604. ACCOUNTS OF POLITICAL TREASURER. (a) The political

treasurer for each candidate or political committee shall keep detailed
accounts, current within not more than seven (7) days after the date of
receiving the contribution or making an expenditure, of all contributions
received and all expenditures made by or on behalf of the candidate or
political committee that are required to be set forth in a statement filed
under this act.
(b) Accounts kept by the political treasurer for a candidate or political
committee may be inspected, before the election to which the accounts
refer, by the Secretary of State, or his agent or employee, who is making
an investigation pursuant to section 67-6615, [Idaho Code].
(c) Accounts kept by a political treasurer shall be preserved by him for at
least one (1) year after the date of the election to which the accounts refer
or at least one (1) year after the date the last supplemental statement is
filed under section 67-6609, [Idaho Code,] whichever is later. [Init. Measure
1974, No. 1, 4]
67-6605. CONTRIBUTIONS OBTAINED BY A POLITICAL
COMMITTEE. Contributions shall not be obtained for a political committee
by use of coercion or physical force, by making a contribution a condition
of employment or membership, or by using or threatening to use job
discrimination or financial reprisals. A political committee may solicit or
obtain contributions from individuals as provided in chapter 26, title 44,
Idaho Code, or as provided in section 44-2004, Idaho Code. A violation of
the provisions of this section shall be punished as provided in subsection
(b) of section 67-6625, Idaho Code. [S.L. 1997, Ch. 393, S.L. 2003, Ch.
97]
67-6606. EXPENDITURES BY NONBUSINESS ENTITY. (1)
Any nonbusiness entity, domiciled in the state of Idaho, which makes
expenditures in an amount exceeding one thousand dollars ($1,000) in any
calendar year for the purpose of supporting or opposing one (1) or more
candidates or measures shall file a statement with the secretary of state.
The statement shall include:
(a) The name and address of the nonbusiness entity and the name and
address of its principal officer or directors.
(b) The name and address of each person whose fees, dues, payments
or other consideration paid to such nonbusiness entity during either
of the prior two (2) calendar years has exceeded five hundred dollars
($500) or who is obligated to or has agreed to pay fees, dues, payments
or other consideration exceeding five hundred dollars ($500) to such
entity during the current year.
(2) This statement shall be filed within thirty (30) days of when the
one thousand dollar ($1,000) threshold mentioned in subsection (1) of this
section is exceeded. [S.L. 1994, Ch. 379]
-6-
67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES.

(a) The political treasurer for each candidate and the political treasurer of
each political committee shall file with the secretary of state:
(1) Not more than fourteen (14) days and not less than seven (7) days
before the date of a primary election in which the candidate or political
committee is involved, a statement of all contributions received and all
expenditures or encumbrances made by or on behalf of the candidate
or political committee prior to the fifteenth day before the primary
election;
(2) Not more than thirty (30) days after the date of a primary election in
which a candidate or a political committee is involved, a statement of all
contributions received and all expenditures or encumbrances made by
or on behalf of the candidate or political committee to cover the period
since the fifteenth day before the primary election to and including the
tenth day after the primary election;
(3) For all political committees supporting or opposing measures,
a statement of all contributions received and all expenditures or
encumbrances made by or on behalf of the measure or any candidate
or made by or against the measure or any candidate shall be filed on
the same dates provided in paragraphs (1), (2), (4), (5) and (6) of this
subsection;
(4) Not later than October 10 immediately preceding a general election
in which the candidate or political committee is involved, a statement
of all contributions received and all expenditures or encumbrances
made by or on behalf of the candidate or political committee since and
including the eleventh day after the date of the primary election and to
and including September 30;
(5) Not more than fourteen (14) days and not less than seven (7) days
before the date of a general election in which the candidate or political
committee is involved, a statement of all contributions received and all
expenditures or encumbrances made by or on behalf of the candidate
or political committee since and including October 1 and to and
including the sixteenth day before the general election, together with a
cumulative statement showing all such contributions and expenditures
or encumbrances to and including the sixteenth day before the general
election; and
(6) Not more than thirty (30) days after the date of a general election in
which the candidate or political committee is involved, a statement of all
contributions received and all expenditures or encumbrances made by
or on behalf of the candidate or political committee to cover the period
since the fifteenth day before the general election to and including the
tenth day after the general election.
(b) For the first report under this section the reporting period shall
cover the period beginning with the first contribution, expenditure, or
encumbrance.
-7-
(c) Notwithstanding any other reports required under this section, the
political treasurer for each candidate and any political committee supporting
or opposing a measure shall notify the secretary of state, in writing, of any
contribution of one thousand dollars ($1,000) or more, received by the
political treasurer after the sixteenth day before, but more than forty-eight
(48) hours before, any primary or general election. This notification shall
be made within forty-eight (48) hours after the receipt of such contribution
and shall include the name of the candidate or measure, the identification
of the contributor, and the date of receipt and amount of the contribution.
The notification shall be in addition to the reporting of these contributions
in the postelection report.
(d) For all reports required pursuant to this section the secretary of state
shall accept the date of a postmark as the date of receipt except for the
seven (7) day preelection reports which must be received by no later than
5:00 p.m. on the seventh day preceding the primary or general election.
(e) Any reports required to be filed under the provisions of this section
may also be filed by means of an electronic facsimile transmission machine
and may be filed by other electronic means as approved by the secretary of
state. [Init. Measure 1974, No. 1, 7; S.L. 1977, Ch. 225; S.L. 1986, Ch.
218; S.L. 1987, Ch. 344; S.L. 1990, Ch. 62; S.L. 1992, Ch. 196; S.L. 1993,
Ch. 203; S.L. 1994, Ch. 379, S.L. 2002, Ch. 240; S.L. 2010, Ch. 22]
67-6608. DISPOSITION OF UNEXPENDED BALANCES. (a) If a
statement filed under paragraph (3) of subsection (a) of section 67-6607,
Idaho Code, pertaining to post-general election reports or under paragraph
(6) of subsection (a) of section 67-6607, Idaho Code, shows an unexpended
balance of contributions or an expenditure deficit, the political treasurer for
the candidate for nonstatewide office or political committee or measure
shall continue to file annual reports on January 31, to cover the period
since the end of the last report period, to and including the last day of the
month preceding the month in which the report is filed. If a statement filed
under paragraph (6) of subsection (a) of section 67-6607, Idaho Code,
shows an unexpended balance of contributions or an expenditure deficit,
the political treasurer for the candidate for statewide office shall continue
to file semiannual reports on January 31 and July 31, to cover the period
since the end of the last report period, to and including the last day of the
month preceding the month in which the report is filed. Such reports shall
be filed until the account shows no unexpended balance of contributions
or expenditure deficit.
(b) If a candidate wins nomination, supplemental statements under
subsection (a) of this section need not be filed with respect to the nomination
campaign by the political treasurer of a political committee supporting the
candidate or by the political treasurer for such candidate, if such political
committee continues to function in support of such candidate in the
campaign for the general or special election.
-8-
(c) A political committee which is organized after an election shall file

reports required by subsection (a) of this section.
(d) The political treasurer for a candidate who was defeated in the
primary election and whose post-primary report shows an unexpended
balance of contributions or a campaign debt, shall continue to file annual
reports until there is no unexpended balance of contributions or no
campaign expenditure deficit. [Init. Measure 1974, No. 1, 8; S.L. 1977,
Ch. 225; S.L. 1983, Ch. 151; S.L. 1992, Ch. 196; S.L. 1993, Ch. 203; S.L.
2004, Ch. 284; S.L. 2006, Ch. 22]
67-6609. STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE.
If no contribution is received or expenditure made by or on behalf of a
candidate or political committee during a period described in sections 676607 or 67-6608, [Idaho Code] the political treasurer for the candidate or
political committee shall file with the Secretary of State, at the time required
by such section of this act for the period, a statement to that effect. [Init.
Measure 1974, No. 1, 9]
67-6610. CONTRIBUTION IN EXCESS OF FIFTY DOLLARS. (a)
Any person who contributes more than fifty dollars ($50.00) (including
one or more smaller contributions which aggregate more than fifty dollars
($50.00) in any one calendar year) to a candidate or political committee
shall accompany the contribution with a statement of his full name and
complete address.
(b) If a political treasurer is offered or receives a payment or contribution
of more than fifty dollars ($50.00), or which together with prior contributions
from the same person during that calendar year exceeds fifty dollars
($50.00), and there is no statement of the full name and complete address
of the person making the contribution, the contribution shall be returned to
the contributor if his identity can be ascertained. If the contributors identity
cannot be ascertained, the contribution shall be transmitted immediately
by the political treasurer who received it to the state controller for deposit
in the public school fund. [Init. Measure 1974, No. 1, 10; S.L. 1994, Ch.
180]
67-6610A. LIMITATIONS ON CONTRIBUTIONS. (1) Except as provided
in subsection (2) of this section, aggregate contributions for a primary
election or a general election made by a corporation, political committee,
other recognized legal entity or an individual, other than the candidate, to
a candidate for the state legislature, and political committees organized
on the candidates behalf shall be limited to an amount not to exceed one
thousand dollars ($1,000) for the primary election and an amount not to
exceed one thousand dollars ($1,000) for the general election. Aggregate
contributions for a primary election or a general election by a corporation,
political committee, other recognized legal entity or an individual, other than
-9-
the candidate, to a candidate for statewide office and political committees

organized on the candidates behalf shall be limited to an amount not to
exceed five thousand dollars ($5,000) for the primary election and an amount
not to exceed five thousand dollars ($5,000) for the general election.
(2) Aggregate contributions for a primary election or for a general
election made by a county central committee or by the state central
committee of the political parties qualified under section 34-501, Idaho Code,
to a candidate for the state legislature, and political committees organized
on the candidates behalf shall be limited to an amount not to exceed two
thousand dollars ($2,000) for the primary election and an amount not to
exceed two thousand dollars ($2,000) for the general election. Aggregate
contributions for the primary election or the general election by the state
central committee of the political parties qualified under section 34-501,
Idaho Code, to a candidate for statewide office and political committees
organized on the candidates behalf shall be limited to an amount not to
exceed ten thousand dollars ($10,000) for the primary election and an
amount not to exceed ten thousand dollars ($10,000) for the general
election.
(3) For purposes of this section statewide office shall mean an office
in state government which shall appear on the primary or general election
ballot throughout the state.
(4) Recall elections, for purposes of this section, shall be treated the
same as general elections for contribution limits.
(5) Contributions other than money or its equivalent are deemed to have
a monetary value equivalent to the fair market value of the contribution.
Services or property or rights furnished at less than their fair market value
for the purpose of assisting any candidate or political committee are deemed
a contribution. A contribution of this kind shall be reported as an in-kind
contribution at its fair market value and counts toward any applicable
contribution limit of the contributor. Contributions shall not include the
personal services of volunteers.
(6) The contribution limits for the state legislature shall apply to judicial
district offices, city offices and county offices regulated by this chapter.
(7) For the purposes of contribution limits, the following apply:
(a) A contribution by a political committee with funds that have all been
contributed by one (1) person who exercises exclusive control over the
distribution of the funds of the political committee is a contribution by the
controlling person.
(b) All contributions made by a person or political committee whose
contribution or expenditure activity is financed, maintained or controlled
by a trade association, labor union or collective bargaining organization
shall be considered a contribution from such trade association, labor
union or collective bargaining organization.
(c) Two (2) or more entities are treated as a single entity if the
entities:
- 10 -
(i) Share the majority of members on their board of directors;

(ii) Share two (2) or more officers;
(iii) Are owned or controlled by the same majority shareholder or
shareholders or persons;
(iv) Are in a parent-subsidiary relationship; or
(v) Have bylaws so stating.
(8) The provisions of this section are hereby declared to be severable
and if any provision of this section or the application of such provision to any
person or circumstance is declared invalid for any reason, such declaration
shall not affect the validity of the remaining portions of this section. [S.L.
1997, Ch. 393; S.L. 2004, Ch. 19; S.L. 2006, Ch. 23; S.L. 2012, Ch. 162]
67-6610B. RETIRING DEBT. If a political committee organized on
behalf of a candidate has unpaid debt at the end of the reporting periods
specified in section 67-6607(a)(2) or 67-6607(a)(6), Idaho Code, then the
committee may accept additional contributions to retire such unpaid debt,
provided the contributions do not exceed the applicable contribution limits
prescribed.
For the purposes of this section unpaid debt means any unpaid
monetary obligation incurred by the political committee as listed on the
reports filed through the postelection period minus any cash balance
reported on the postelection report. Outstanding loans are considered a
type of unpaid debt. [S.L. 2004, Ch. 277]
67-6610C. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES. (1) Permitted uses. A contribution accepted by a candidate
may be used by the candidate:
(a) For expenditures in connection with the campaign for public office
of the candidate;
(b) For ordinary and necessary expenses incurred in connection with
duties of the individual as a holder of public office;
(c) For contributions to an organization described in section 170 (c) of
the Internal Revenue Code of 1986;
(d) For transfers, without limitation, to a national, state or local
committee of a political party;
(e) For donations to state and local candidates subject to the provisions
of state law; or
(f) For any other lawful purpose unless prohibited by subsection (2)
of this section.
(2) Prohibited use.
(a) In general. A contribution shall not be converted by any person to
personal use.
(b) Conversion. For the purposes of subsection (2) (a) of this section,
a contribution shall be considered to be converted to personal use if the
contribution is used to fulfill any commitment, obligation or expense of a
- 11 -
person that would exist irrespective of the candidates election campaign

or individuals duties as a holder of public office, including:
(i) A home mortgage, rent or utility payment;
(ii) A clothing purchase except for items of de minimus value such as
campaign shirts or hats;
(iii) A noncampaign or nonofficeholder related automobile expense;
(iv) A country club membership;
(v) A vacation or other noncampaign-related trip;
(vi) A tuition payment;
(vii) Admission to a sporting event, concert, theater or other form of
entertainment not associated with an election campaign;
(viii) Dues, fees and other payments to a health club or recreational
facility; and
(ix) Meals, groceries or other food expense, except for tickets to
meals that the candidate attends solely for the purpose of enhancing
the candidacy of another person or meal expenses which are incurred
as part of a campaign activity or as part of a function that is related to
the candidates or officeholders responsibilities. [S.L. 2006, Ch. 36]
67-6611. INDEPENDENT EXPENDITURES. (1) Each person who
makes independent expenditures in an aggregate amount exceeding one
hundred dollars ($100) in support of or in opposition to any one (1) candidate,
political committee or measure, shall file a statement of the expenditure
with the secretary of state.
(2) Statements shall be filed with the secretary of state, not less than
seven (7) days prior to the primary and general election and thirty (30) days
after the primary and general election.
(3) The statement shall contain the following information: (a) the name
and address of any person to whom an expenditure in excess of fifty dollars
($50.00) has been made by any such person in support of or in opposition
to any such candidate or issue during the reporting period, together with
the amount, date and purpose of each such expenditure; and (b) the total
sum of all expenditures made in support of or in opposition to any such
candidate or measure.
(4) In addition to the requirements set forth in subsections (1) and
(2) of this section, each person who makes independent expenditures in
an aggregate amount of one thousand dollars ($1,000) or more after the
sixteenth day before, but not more than forty-eight (48) hours before, any
primary or general election, shall file a written statement of the expenditure
with the secretary of state not more than forty-eight (48) hours from the time
of such expenditure. The statement shall include the information required
in subsection (3) of this section. [S.L. 1997; Ch. 393; S.L. 1999, Ch. 29;
S.L. 2003, Ch. 20; S.L. 2004, Ch. 148]
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67-6612. CONTENTS OF REPORTS. (a) A statement filed under

sections 67-6607, 67-6608 or 67-6610, Idaho Code, shall set forth:
(1) Under contributions, a list of all the contributions received, including
funds or property of the candidate used to cover expenditures. The
statement shall list the full name and complete address of each person who
contributed an aggregate amount of more than fifty dollars ($50.00), and
the amount contributed by that person. The statement may list as a single
item the total amount of contributions of fifty dollars ($50.00) or less each
obtained in similar fashion.
(2) Under expenditures the name and address of each person to whom
an expenditure was made in the amount of twenty-five dollars ($25.00) or
more, and the amount, date, and purpose of each such expenditure. Each
expenditure in the amount of twenty-five dollars ($25.00) or more shall be
vouched for by a receipt or cancelled check or an accurate copy thereof.
The statement may list as a single item the total amount of expenditures
less than twenty-five dollars ($25.00) without showing the exact amount
of or vouching for each such expenditure. Anything of value paid for or
contributed by any person shall be listed both as an expenditure and as a
contribution. [S.L. 1977, Ch. 180]
67-6613. COMMERCIAL REPORTING. Each newspaper, periodical,
broadcasting station, direct mailing company, printer and advertising agency
which accepts expenditures from a political treasurer shall keep a current
record (available to the public) listing the amounts paid and the obligations
incurred by each candidate, political committee or political treasurer to such
newspaper, periodical, broadcasting station, direct mailing company, printer
or advertising agency. [Init. Measure 1974, No. 1, 13]
67-6614. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND
EXPENDITURES. No contribution shall be made and no expenditure shall
be incurred, directly or indirectly, in a fictitious name, anonymously, or by
one (1) person through an agent, relative or other person in such a manner
as to conceal the identity of the source of the contribution. [Init. Measure
1974, No. 1, 14]
67-6614A. PUBLICATION OR DISTRIBUTION OF POLITICAL
STATEMENTS. Whenever any person makes an expenditure for the
purpose of financing communications expressly advocating the election,
approval or defeat of a candidate or measure through any broadcasting
station, newspaper, magazine, outdoor advertising facility, direct mailing, or
any other type of general public political advertising, the person responsible
for such communication shall be clearly indicated on such communication.
[S.L. 1977, Ch. 180; S.L. 1992, Ch. 196]
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67-6615. INSPECTION BY SECRETARY OF STATE. The Secretary

of State shall inspect each statement filed in his office under this act within
two (2) days after the date it is filed. He shall notify a person required to
file a statement under this act immediately if:
(a) it appears that the person has failed to file a statement as required
by law or that a statement filed by the person does not conform to law; or
(b) a written complaint is filed with the Secretary of State by any
registered voter alleging that a statement filed with the Secretary of State
does not conform to law or to the truth or that a person has failed to file a
statement required by law. [Init. Measure 1974, No. 1, 15]
67-6616. EXAMINATION OF STATEMENTS. Within three (3) months
after the date of each election, the Secretary of State shall examine such
statement filed with his office under this act; and referring to the election, to
determine whether the statement conforms to law. Such examinations shall
include a comparison of reports and statements received by the Secretary
of State pursuant to sections 67-660767-6609, 67-6611, 67-6614[, Idaho
Code]. The Secretary of State may require any person to answer in writing
and under oath or affirmation any question within the knowledge of that
person concerning the source of any contribution. [Init. Measure 1974,
No. 1, 16]
67-6617. REGISTRATION OF LOBBYISTS. (a) Before doing any
lobbying, or within thirty (30) days after being employed as a lobbyist,
whichever occurs first, a lobbyist shall register by filing with the secretary
of state a lobbyist registration statement, in such detail as the secretary of
state shall prescribe, accompanied by payment of a registration fee of ten
dollars ($10.00) (which shall be deposited by the secretary of state in the
state treasury), showing:
(1) His name, permanent business address, and any temporary
residential and business address in Ada County during the legislative
session;
(2) The name, address and general nature of the occupation or business
of the lobbyists employer, and the duration of his employment;
(3) Whether the person from whom he receives compensation employs
him solely as a lobbyist or whether he is a regular employee performing
services for his employer which include but are not limited to lobbying
of legislation;
(4) The general subject or subjects of the lobbyists legislative
interest;
(5) The name and address of the person who will have custody of the
accounts, bills, receipts, books, papers, and documents required to be
kept under this act.
(b) Any lobbyist who receives or is to receive compensation from more
than one (1) person for his services as a lobbyist shall file a separate notice
- 14 -
of representation, accompanied by the fee of ten dollars ($10.00) for each

separate notice of representation, with respect to each such person; except
that where a lobbyist whose fee for acting as such in respect to the same
legislation or type of legislation is, or is to be, paid or contributed by more
than one (1) person then such lobbyist may file a single statement, in which
he shall detail the name, business address and general occupation of each
person so paying or contributing.
(c) Whenever a change, modification, or termination of the lobbyists
employment occurs, the lobbyist shall, within one (1) week of such change,
modification or termination, furnish full information regarding the same by
filing with the secretary of state an amended registration statement.
(d) Each lobbyist who has registered shall file a new registration
statement, revised as appropriate, on or before each January 10, and failure
to do so shall terminate his registration. [Init. Measure 1974, No. 1, 17;
S.L. 1976, Ch. 229; S.L. 1999, Ch. 176]
67-6618. EXEMPTION FROM REGISTRATION. The following persons
and activities shall be exempt from registration and reporting under sections
67-6617 and 67-6619, Idaho Code:
(a) Persons who limit their lobbying activities to appearances before
public sessions of committees of the legislature or to appearances or
participation in public meetings, public hearings or public proceedings held
or initiated by executive officials or their employees.
(b) Persons who are employees of an entity engaged in the business
of publishing, broadcasting or televising, while engaged in the gathering
and dissemination of news and comment thereon to the general public in
the ordinary course of business.
(c) Persons who do not receive any compensation for lobbying and
persons whose compensation for lobbying does not exceed two hundred
fifty dollars ($250) in the aggregate during any calendar quarter, including
persons who lobby on behalf of their employer or employers, and the
lobbying activity represents less than the equivalent of two hundred fifty
dollars ($250) of the employees time per calendar year quarter, based on
an hourly proration of said employees compensation.
(d) Elected state officers and state executive officers appointed by the
governor subject to confirmation by the senate; elected officials of political
subdivisions of the state of Idaho, acting in their official capacity.
(e) A person who represents a bona fide church (of which he is a
member) solely for the purpose of protecting the constitutional right to the
free exercise of religion.
(f) (1) Employees of a corporation, if such corporation:
(i) Has registered as a lobbyist pursuant to chapter 66, title 67, Idaho
Code, and
(ii) Has designated one (1) or more of its employees as its official
lobbyist, and
- 15 -
(iii) The person so designated by the corporation has also registered

as a lobbyist.
(2) The corporation and the lobbyist designated pursuant to this
subsection shall fully and accurately report all expenditures made by
employees who are exempt hereunder, in the manner and at the times
required by section 67-6618, Idaho Code, and, in addition thereto, shall
report the names of all employees who make or authorize expenditures
in the aggregate sum of fifty dollars ($50.00) or more during any calendar
year on behalf of the corporate lobbying activities. [Init. Measure 1974,
No. 1, 18; S.L. 1976, Ch. 362; S.L. 1998, Ch. 242; S.L. 2006, Ch.
106]
67-6619. REPORTING BY LOBBYISTS. (1) Any lobbyist registered
under section 67-6617, Idaho Code, shall file with the secretary of state an
annual report of his lobbying activities signed by both the lobbyist and the
lobbyists employer or employers. The reports shall be made in the form and
manner prescribed by the secretary of state and shall be filed on January
31 of each year. In addition to the annual report, while the legislature is in
session, every registered lobbyist shall file interim monthly periodic reports
for each month or portion thereof that the legislature is in session, which
reports need be signed only by the lobbyist and which shall be filed within
fifteen (15) days of the first day of the month for the activities of the month
just past, provided however, that any lobbyist covered under this chapter
whose lobbying activities are confined only to executive officials shall be
required to file interim periodic reports semiannually on January 31 and
July 31, which reports need be signed by the lobbyist and the lobbyists
employer or employers.
(2) Each annual, semiannual and monthly periodic report shall
contain:
(a) The total of all expenditures made or incurred on behalf of such
lobbyist by the lobbyists employer or employers, not including payments
made directly to the lobbyist, during the period covered by the report.
The totals shall be segregated according to financial category including,
but not limited to: entertainment, food and refreshment, honoraria, travel,
lodging, advertising and other like expenditures. Reimbursed personal
living and travel expenses of a lobbyist made or incurred directly or
indirectly for any lobbying purpose need not be reported.
(b) The name of any legislator or executive official to whom or for
whose benefit on any one (1) occasion, an expenditure in excess of: (i)
seventy-five dollars ($75.00) per person from 2008 through December
31, 2010, and (ii) in excess of one hundred dollars ($100) per person
on and after January 1, 2011, for the purpose of lobbying, is made
or incurred and the date, name of payee, purpose and amount of
such expenditure. Expenditures for the benefit of the members of the
household of a legislator or executive official shall also be itemized if
- 16 -
such expenditure exceeds the amount listed in this subsection.

(c) In the case of a lobbyist employed by more than one (1) employer,
the proportionate amount of such expenditures in each category made
or incurred on behalf of each of his employers.
(d) The subject matter of proposed legislation and the number of each
senate or house bill, resolution, memorial or other legislative activity or
any rule, ratemaking decision, procurement, contract, bid or bid process,
financial services agreement or bond in which the lobbyist has been
engaged in supporting or opposing during the reporting period; provided
that in the case of appropriations bills, the lobbyist shall enumerate the
specific section or sections which he supported or opposed.
(e) The itemization threshold in subsection (2)(b) of this section shall be
adjusted biennially by directive of the secretary of state, using consumer
price index data compiled by the United States department of labor.
(3) Reports provided by this section to be filed under the provisions of
this section may be filed by means of an electronic facsimile transmission
machine and may be filed by other electronic means as approved by the
secretary of state. [Init. Measure 1974, No. 1, 19; S.L. 1976, Ch. 363,
S.L. 1978, Ch. 146; S.L. 1983, Ch. 105; S.L. 1983, Ch. 208; S.L. 1999, Ch.
176; S.L. 2006, Ch. 106; S.L. 2007, Ch. 306; S.L. 2010, Ch. 22]
67-6620. EMPLOYMENT OF UNREGISTERED PERSONS. It shall be
a violation of this act for any person to employ for pay or any consideration,
or pay or agree to pay any compensation to, a person to lobby who is not
registered or exempt from registration under this act unless such person
registers as a lobbyist as provided by this act as soon as practicable after
such employment or payment, or agreement to pay, compensation. [Init.
Measure 1974, No. 1, 20]
67-6621. DUTIES OF LOBBYISTS. A person required to register as a
lobbyist under this act shall also have the following obligations, the violation
of which shall contitute [constitute] cause for revocation of his registration,
and may subject such person, and such persons employer, if such employer
aids, abets, ratifies or confirms any such act, to other civil liabilities, as
provided by this act:
(a) Such persons shall obtain and preserve all accounts, bills, receipts,
books, papers, and documents necessary to substantiate the financial
reports required to be made under this act for a period of at least three (3)
years from the date of the filing of the statement containing such items,
which accounts, bills, receipts, books, papers and documents shall be
made available for inspection by the secretary of state at any reasonable
time during such three (3) year period; provided, however, that if a lobbyist
is required under the terms of his employment contract to turn any records
over to his employer, responsibility for the preservation of such records
under this subsection shall rest with such employer.
- 17 -
(b) In addition, a person required to register as a lobbyist shall not:

(1) Engage in any activity as a lobbyist before registering as such;
(2) Knowingly deceive or attempt to deceive any legislator to any fact
pertaining to any pending or proposed legislation;
(3) Cause or influence the introduction of any bill or amendment thereto
for the purpose of thereafter being employed to secure its defeat;
(4) Knowingly represent an interest adverse to any of his employers
without first obtaining such employers consent thereto after full
disclosure to such employers of such adverse interest;
(5) Exercise any economic reprisal, extortion, or unlawful retaliation
upon any legislator by reason of such legislators position with respect
to, or his vote upon, any pending or proposed legislation;
(6) Accept any employment as a lobbyist for a compensation dependent
in any manner upon the passage or defeat of any proposed or pending
legislation or upon any other contingency connected with the action of
the legislature or of either branch thereof or of any committee thereof.
[Init. Measure 1974, No. 1, 21]
67-6622. DOCKET CONTENTS REPORTS TO LEGISLATURE
SUBJECTS OF LEGISLATION WRITTEN AUTHORIZATION. The
Secretary of State shall prepare and keep a docket in which shall be
entered the name and business address of each lobbyist and the name
and business address of his employer or employers, and the subject or
subjects of legislation (by bill number, if available) to which the employment
relates, which information shall also be indexed by names of employers of
lobbyists. Such docket shall be a public record and open to the inspection
of any citizen upon demand at any time during the regular business hours
of the office of the Secretary of State. Beginning with the first week following
the beginning of any regular or special session of the legislature and on
every Wednesday thereafter for the duration of such session, the Secretary
of State shall from his records report to each house of the legislature the
names of lobbyists registered under this act not previously reported, the
names of the persons whom they represent as such lobbyist, and subject
of legislation (by bill number, if available) in which they are interested. [Init.
Measure 1974, No. 1, 22]
67-6623. DUTIES OF SECRETARY OF STATE. The secretary of state
is charged with enforcement of the provisions of this act, and in addition to
duties otherwise prescribed herein, it shall be his duty:
(a) To prescribe forms for statements and other information required
to be filed by this act, and to furnish such forms and instruction manual to
persons required to file such statements and information;
(b) To make statements and other information filed with him available
for public inspection and copying during regular office hours, and to make
copying facilities available at a charge not to exceed actual cost;
- 18 -
(c) To preserve such statements and other information for a period of

four (4) years from date of receipt;
(d) To make investigations with respect to statements filed under the
provisions of this act, and with respect to alleged failures to file any statement
required under the provisions of this act, and upon complaint by any person
with respect to alleged violations of any part of this act;
(e) To report suspected violations of law to the appropriate law
enforcement authorities;
(f) To prescribe and publish rules in accordance with the provisions of
chapter 52, title 67, Idaho Code, and to take such other actions as may be
appropriate to carry out the provisions of this act;
(g) To prescribe methods of the filing of reports by electronic means.
[Init. Measure 1974, No. 1, 23; S.L. 1977, Ch. 180; S.L. 2010, Ch. 22]
67-6624. STATEMENTS TO BE CERTIFIED. All statements required
to be filed with the Secretary of State under this act shall be signed and
certified as true and correct by the person required to file the same. [Init.
Measure 1974, No. 1, 24]
67-6625. VIOLATIONS CIVIL FINE MISDEMEANOR PENALTY
PROSECUTION LIMITATION VENUE. (a) Any person who violates
the provisions of section 67-6603 through 67-6614A, 67-6617, 67-6619,
67-6620, 67-6621(a), 67-6624, 67-6629 or 67-6630, Idaho Code, shall
be liable for a civil fine not to exceed two hundred fifty dollars ($250) if an
individual, and not more than two thousand five hundred dollars ($2,500) if
a person other than an individual. The burden of proof for such civil liability
shall be met by showing a preponderance of the evidence.
(b) Any person who violates section 67-6605 or 67-6621(b), Idaho
Code, and any person who knowingly and willfully violates section 67-6603
through 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), 67-6624,
67-6629 or 67-6630, Idaho Code, is guilty of a misdemeanor and, upon
conviction, in addition to the fines set forth in subsection (a) of this section,
may be imprisoned for not more than six (6) months or be both fined and
imprisoned.
(c) The attorney general or the appropriate prosecuting attorney may
prosecute any violations of this act.
(d) Prosecution for violation of this act must be commenced within two
(2) years after the date on which the violation occurred.
(e) Venue for prosecution under the provisions of this chapter shall be
in the county of residence of the defendant if the defendant is a resident of
the state of Idaho, otherwise venue shall be in Ada county. [Init. Measure
1974, No. 1, 25; S.L. 1976, Ch. 227; S.L. 1977, Ch. 169; S.L. 1978, Ch.
43; S.L. 1997, Ch. 393; S.L. 2001, Ch. 106; S.L. 2005, Ch. 254]
- 19 -
67-6625A. LATE FILING OF STATEMENT OR REPORT FEES. If

any person fails to file a report or statement on or before a specified date,
he shall be liable in an amount of fifty dollars ($50.00) per day after the
deadline until the statement or report is filed, to the secretary of state. Liability
need not be enforced by the secretary of state if on an impartial basis he
determines that the late filing was not willful and that enforcement of the
liability will not further the purposes of the act, except that no liability shall be
waived if a statement or report is not filed within five (5) days after receiving
written notice of the filing requirement from the secretary of state.
The remedy provided in this section is cumulative and does not exclude
any other remedy or penalty prescribed in section 67-6625, Idaho Code.
[S.L. 1977, Ch. 169; S.L. 1993, Ch. 203]
67-6626. INJUNCTIONS. The district courts of this state shall have
original jurisdiction to issue injunctions to enforce the provisions of this act
upon application by any citizen of this state or by the Secretary of State.
The court may in its discretion require the citizen plaintiff to file a written
complaint with the Secretary of State prior to seeking injunctive relief. A
successful plaintiff is entitled to be reimbursed for reasonable costs of
litigation, including reasonable attorneys fees by the person or persons
named defendant in said injunctive action. A successful defendant is entitled
to be reimbursed for reasonable costs of litigation, including reasonable
attorneys fees if the court determines that plaintiffs action was without
substantial merit. [Init. Measure 1974, No. 1, 26]
67-6627. SEVERABILITY. If any provisions of this act or its application
to any person or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not
affected. [Init. Measure 1974, No. 1, 27]
67-6628. CONSTRUCTION. The provisions of this act are to be liberally
construed to effectuate the policies and purposes of this act. In the event of
conflict between the provisions of this act and any other act, the provisions
of this act shall govern. [Init. Measure 1974, No. 1, 28]
67-6629. PERSUASIVE POLL CONCERNING CANDIDATE MUST
IDENTIFY PERSON OR ENTITY PAYING FOR POLL. (1) If a person,
candidate, political party or political committee requests or compensates a
person to:
(a) Conduct or cause to be conducted a persuasive poll by telephone
concerning a candidate; or
(b) Produce automated or computerized messages by telephone
to conduct a persuasive poll concerning a candidate. The person
conducting the poll shall, at the end of the poll, disclose the name and
telephone number of the person, candidate, political party or political
- 20 -
committee that requested or compensated the person for the poll.

(2) As used in this section, persuasive poll means the canvassing of
persons, by means other than an established method of scientific sampling,
by asking questions or other information concerning a candidate which is
designed to provide information that is designed to advocate the election,
approval or defeat of a candidate or measure. The term does not include a
poll that is conducted only to measure the publics opinion about or reaction
to an issue, fact or theme.
(3) A violation of the provisions of this section shall be punishable as
provided in section 67-6625, Idaho Code. [S.L. 2000, Ch. 153; S.L. 2001,
Ch. 106]
6 7 - 6 6 3 0 . E L E C T I O N E E R I N G C O M M U N I C AT I O N S
STATEMENTS. (1) Any person who conducts or transmits any electioneering
communication shall be required to file a statement on a form provided by
the secretary of state. Contents of the statement shall include the amount
spent on such communications, the name and address of the person,
and the names and addresses of any persons who contribute fifty dollars
($50.00) or more to any person described in this section.
(2) Any person that incurs costs in excess of one hundred dollars ($100)
when making an electioneering communication shall file a statement in
accordance with the time limits established by section 67-6611(2), Idaho
Code.
(3) In addition to the requirements of subsection (2) of this section, any
person that incurs costs of one thousand dollars ($1,000) or more when
making an electioneering communication shall file a statement as provided
in subsection (1) of this section within forty-eight (48) hours of incurring the
costs for such communication. [S.L. 2005, Ch. 254]
- 21 -
Ethics Handbook of the Idaho Legislature
Compiled and Edited by

Bonnie Alexander, Chief Clerk of the House & Brian Kane, Deputy Attorney General
As Directed by
Scott Bedke, Speaker of the House & Brent Hill, President Pro Tempore of the Senate
Published January 2015
Cover Photo by Brent Hill

2015 Ethics Hanbook

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NATURE OF THE PROHIBITIONS

Using public office for private gain

Improperly influencing governmental actions

Acting without proper disclosure on matters where a conflict of interest

Having an interest in government contracts or transactions

Idaho Legislature |Ethics Handbook 2015

House Rule 76 Prohibits:

Conduct unbecoming a representative which is detrimental to the integrity of the

Senate Rule 39:

Senate Rule 53:

Provides for the process for filing of a complaint.

Ethics Handbook 2015| Idaho Legislature

Ethics Decision Tree

(consult with attorney)

Get attorney advice and follow!

2. Does this decision benefit me more than:

Declare & Vote

House: Declare abstain

Idaho Legislature |Ethics Handbook 2015

Ethics Handbook 2015| Idaho Legislature

Idaho Statutes Regarding Ethics

1) ETHICS IN GOVERNMENT ACT

1) ETHICS IN GOVERNMENT ACT

Assure independence, impartiality and honesty of public officials in governmental

Prevent special interests from unduly influencing governmental action.

Idaho Legislature |Ethics Handbook 2015

Idaho Statutes Regarding Ethics

An interest or membership in a particular business, industry, occupation, or class required

Ethics Handbook 2015| Idaho Legislature

Idaho Statutes Regarding Ethics

Identify the ethical issue.

Failure to disclose a conflict may be found to be a misdemeanor and penalized by a fine

Idaho Legislature |Ethics Handbook 2015

Idaho Statutes Regarding Ethics

INTRODUCTION TO THE BRIBERY AND CORRUPT INFLUENCES ACT

PROHIBITED COMPENSATION AND BRIBERY

PROHIBITED COMPENSATION FOR PAST OFFICIAL ACTS

Ethics Handbook 2015| Idaho Legislature

Idaho Statutes Regarding Ethics

GIFTS BY CONSTITUENTS OR PERSONS WITHIN JURISDICTION

EXCEPTIONS FOR DE MINIMIS AND CAMPAIGN CONTRIBUTIONS

COMPENSATION FOR ASSISTING PRIVATE INTERESTS

Idaho Legislature |Ethics Handbook 2015

Idaho Statutes Regarding Ethics

Approval or disapproval of an appointment

Approval or disapproval of an advancement in office

Approval or disapproval of any person for a benefit conferred by the government

Approval or disapproval of any transaction for a benefit conferred by the government37

Approval means recommendation, failure to disapprove, favor, or any other acquiescence.

THREATS AND IMPROPER INFLUENCES

Ethics Handbook 2015| Idaho Legislature

Idaho Statutes Regarding Ethics

USING PUBLIC POSITION FOR PERSONAL GAIN

No Nepotism: Legislators may not employ or promote their family members.

No legislator may employ, appoint, or vote for appointment of any family

If a legislator authorizes payment of compensation or monies to any such person

3) PROHIBITION AGAINST CONTRACTS WITH OFFICERS ACT

Idaho Legislature |Ethics Handbook 2015

Idaho Statutes Regarding Ethics

Entering into a contract in which he has an interest.62

Failure to utilize an open contract without justifiable cause.70