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H0488......................................................by STATE AFFAIRS LEGISLATORS - RESIGNATION - Amends existing law to provide for assumption of powers and duties of a legislator in the event the legislator resigns from office. 01/27 House intro - 1st rdg - to printing 01/30 Rpt prt - to St Aff 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- Mr. Speaker Absent and excused -- Black Floor Sponsors - Boe & Bayer Title apvd - to Senate 02/10 Senate intro - 1st rdg - to St Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Malepeai Title apvd - to House 03/03 To enrol 03/06 Rpt enrol - Sp signed 03/07 Pres signed 03/08 To Governor 03/11 Governor signed Session Law Chapter 34 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 488 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SUCCESSION TO THE DUTIES OF LEGISLATOR; AMENDING SECTION 67-423A, 3 IDAHO CODE, TO PROVIDE FOR ASSUMPTION OF POWERS AND DUTIES OF A LEGISLATOR 4 IN THE EVENT A LEGISLATOR RESIGNS FROM OFFICE AND TO REVISE TERMINOLOGY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-423A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-423A. ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY 9 INTERIM SUCCESSOR.IN THE EVENT OF DEATH.If in the event a legislator dies or 10 resigns the office,histhe legislator's emergency interim successor highest 11 in order of succession who is not unavailable shall, except for the power and 12 duty to appoint emergency successors, exercise the powers and assume the 13 duties of such legislator. An emergency interim successor shall exercise these 14 powers and assume these duties until an emergency interim successor higher in 15 order of succession, or a replacement legislator appointed pursuant to section 16 59-904A, Idaho Code, and legally qualified can act. Each house of the legisla- 17 ture shall, in accordance with its own rules, determine who is entitled under 18 the provisions of thisactchapter to exercise the powers and assume the 19 duties of its members. All constitutional and statutory provisions pertaining 20 to ouster of a legislator shall be applicable to an emergency interim succes- 21 sor who is exercising the powers and assuming the duties of a legislator.
STATEMENT OF PURPOSE RS 15457C1 This legislation provides for an emergency interim successor to a legislator who resigns from office during a legislative session. The interim legislator will be chosen from the list of substitutes submitted by the elected legislator at the beginning of the legislator's term. The substitute will serve until the county is able to nominate and the Governor is able to appoint a permanent replacement. FISCAL NOTE There is no fiscal impact. Contact Name: Rep. Donna Boe Name: Rep. Clifford Bayer Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 488