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2015 Op. Idaho Att'y Gen. 1 (2015)

handle is hein.sag/sagid0092 and id is 1 raw text is: 








                                     STATE OF IDAHO
                                OFFICE OF THE ATTORNEY GENERAL
                                     LAWRENCE G. WASDEN

                      ATTORNEY GENERAL OPINION NO. 15-1


To:    The Honorable Lawerence Denney
       Idaho Secretary of State
       Statehouse
       VIA HAND DELIVERY

       Per Request for Attorney General's Opinion

       You asked this office for a clarification of the following question under the Sunshine
Law:

                                QUESTION PRESENTED

       Should a state employee lobbyist who proffers gifts and/or benefits to legislators and/or
executive officials register and disclose his or her conduct as a lobbyist?

                                     CONCLUSION

       This answer is yes with limited exceptions explained below.

                                       ANALYSIS

       Regulation of lobbying in Idaho is statutory and is controlled by Idaho's Sunshine Law,
Idaho Code §§ 67-6601 through 67-6630. Lobby and lobbying are defined in Idaho Code
§ 67-6602(). This subsection is long and not explicitly broken into parts. It contains two
independent definitions of lobbying (labeled as parts [I] and [II] below) and five carve outs
from the definition of lobbying (labeled parts [III] through [VII] below).

       In order to make this subsection more understandable, it is reformatted and broken up
into two or three subparts for each of its seven parts. Those subparts are: (1) the kinds of
contacts or communications covered by each part (labeled [A]); (2) the persons who are
contacted (labeled [B]), and (3) the purposes of the contact (labeled [C]). Subsection (j) is
set out in full below with an explicit structure imposed over the top of it:

      [I] Lobby and lobbying each means:




                               P.O. Box 83720, Boise, Idaho 83720-0010
                             Telephone: (208) 334-2400, FAX: (208) 854-8071
                             Located at 700 W. Jefferson Street, Suite 210

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