2006 Legislation
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HOUSE BILL NO. 657 – Bellevue City charter, amended

HOUSE BILL NO. 657

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Bill Status



H0657...................................................by LOCAL GOVERNMENT
BELLEVUE CITY CHARTER - Amends the Charter of the City of Bellevue to
provide for the election dates and election procedures to be as set forth
in the general laws of the state of Idaho applicable to election of city
officials.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 657
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    AMENDING THE CHARTER OF THE CITY OF BELLEVUE, TO AMEND  CHAPTER  III,  SECTION
  3        33,  AS  ADDED BY SECTION 2, CHAPTER 130, LAWS OF 1996, TO REDESIGNATE THE
  4        SECTION; TO AMEND CHAPTER IV, ELECTIONS, SECTIONS 33, 34, 36, 37,  41,  42
  5        AND  43  THEREOF TO PROVIDE FOR THE ELECTION DATES AND ELECTION PROCEDURES
  6        TO BE AS SET FORTH IN THE GENERAL LAWS OF THE STATE OF IDAHO APPLICABLE TO
  7        ELECTION OF CITY OFFICIALS, INCLUDING SUBSEQUENT AMENDMENTS  THERETO;  AND
  8        DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  33,  Chapter III of the Charter of the City of
 11    Bellevue, as added by Section 2, Chapter 130, Laws of 1996, be, and  the  same
 12    is hereby amended to read as follows:
                                                                        
 13        SECTION 33A.  All powers and authority granted to cities under any general
 14    law of the state of Idaho are hereby granted to the City of Bellevue. The City
 15    of Bellevue may pass and publish ordinances as provided by the general laws of
 16    the state of Idaho.
                                                                        
 17        SECTION  2.  That  Section  33,  Chapter IV, of the Charter of the City of
 18    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
 19        Section 33.  There shall be a  general  election  for  all  city  officers
 20    required  to  be  elected under this Act, on the first Monday Tuesday in April
 21    November in every year which shall be conducted as set forth  in  the  general
 22    laws  of  the  State of Idaho governing election of city officials under Title
 23    50, Idaho Code, including subsequent amendments  thereto  and  recodifications
 24    thereof,  which laws shall apply to and govern elections under this Act unless
 25    otherwise set forth in this Act. For the purpose of the first  two  (2)  elec-
 26    tions  conducted  after  the effective date hereof, the term of office of each
 27    Common Council seat and of Mayor then elected shall be until the first  Common
 28    Council meeting in January of the second year following their election.
                                                                        
 29        SECTION  3.  That  Section  34,  Chapter IV, of the Charter of the City of
 30    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
 31        Section 34.  No person is qualified to vote at any election under this Act
 32    who does not possess the qualifications of an  elector  according  to  Section
 33    50-411,  Idaho Code the general laws of the State of Idaho applicable to elec-
 34    tion of city officials under Title  50,    Idaho  Code,  including  subsequent
 35    amendments  thereto and recodifications thereof, which laws shall apply to and
 36    govern elections under this Act unless otherwise set forth in this Act.
                                                                        
 37        SECTION 4.  That Section 36, Chapter IV, of the Charter  of  the  City  of
 38    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
                                           2
                                                                        
  1        Section  36.  The  Clerk,  under the direction of the Common Council shall
  2    give ten days' notice, by posting the same in at least two  public  places  in
  3    each  ward  of the city, or by publication in some newspaper published in said
  4    city, of such general election, the officers to be elected, the places  desig-
  5    nated  for  holding  the  election  in  each  ward,  and the judges and clerks
  6    appointed to conduct the same shall provide such notices of election, and mat-
  7    ters incidental thereto, under direction of the Common  Council,  as  required
  8    under  the  general  laws  of  the State of Idaho applicable to city elections
  9    under Title 50, Chapter 4, Idaho Code, including subsequent amendments thereto
 10    and recodifications thereof, which laws shall apply to  and  govern  elections
 11    under this Act unless otherwise set forth in this Act.
                                                                        
 12        SECTION  5.  That  Section  37,  Chapter IV, of the Charter of the City of
 13    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
 14        Section 37.  All elections shall commence at twelve o'clock P.M., and con-
 15    tinue until eight o'clock P.M. of the same  day,  without  closing  the  polls
 16    between  such  hours. If any judge of an election fails to attend and serve at
 17    the proper time, the voters of the ward then present may elect another in  his
 18    place,  and  if  any  clerk  fails to attend and serve at the proper time, the
 19    judges of the election may appoint another in his place be conducted in accor-
 20    dance with the general laws of the State of Idaho applicable  to  election  of
 21    city  officials  under  Title 50,  Idaho Code, including subsequent amendments
 22    thereto and recodifications thereof, which laws  shall  apply  to  and  govern
 23    elections under this Act unless otherwise set forth in this Act.
                                                                        
 24        SECTION  6.  That  Section  41,  Chapter IV, of the Charter of the City of
 25    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
 26        Section 41.  The term of office of everyone elected to office  under  this
 27    Act shall be two (2) years and shall commence being on the first Monday of May
 28    of  each  year.  Any person elected to any office who shall fail to qualify by
 29    filing a bond and taking the oath of office,  as  is  herein  provided  on  or
 30    before  the  same  first  Monday of May after his election, shall be deemed to
 31    have declined said office, and said office shall thereby become vacant; except
 32    in cases of contests, in which case such person must qualify within  ten  days
 33    from  the  determination  of  such contest upon taking office the first Common
 34    Council meeting in the January following the election at which such person was
 35    elected to office in accordance with the general laws of the  State  of  Idaho
 36    applicable to election of city officials under Title 50, Idaho Code, including
 37    subsequent  amendments  thereto  and recodifications thereof, which laws shall
 38    apply to and govern elections under this Act unless  otherwise  set  forth  in
 39    this Act.
                                                                        
 40        SECTION  7.  That  Section  42,  Chapter IV, of the Charter of the City of
 41    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
 42        Section 42.  All persons elected under this Act, before entering upon  the
 43    duties  of  his office, shall take and file with the clerk an oath to the fol-
 44    lowing effect: "I, A.B., do solemnly swear (or affirm) that I will support the
 45    Constitution of the United States and the organic Act of this Territory, and I
 46    will to the best of my ability faithfully perform the duties of  .............
 47    during  my  continuance  in same office, so help me God," and file an official
 48    bond when required or affirmation of office in  accordance  with  the  general
 49    laws  of  the  State  of  Idaho applicable to election of city officials under
                                                                        
                                           3
                                                                        
  1    Title  50,  Idaho  Code,   including   subsequent   amendments   thereto   and
  2    recodifications  thereof, which laws shall apply to and govern elections under
  3    this Act unless otherwise set forth in this Act.
                                                                        
  4        SECTION 8.  That Section 43, Chapter IV, of the Charter  of  the  City  of
  5    Bellevue, be, and the same is hereby amended to read as follows:
                                                                        
  6        Section  43.  All  general laws of this Territory the State of Idaho regu-
  7    lating and governing general elections and special  election proceedings,  and
  8    matters  incidental  thereto,  shall  apply to and govern elections under this
  9    Act, unless as herein otherwise provided including, without limitation,  Chap-
 10    ter  4,  Title 50, Idaho Code, Municipal Elections, and  subsequent amendments
 11    thereto and recodifications thereof, shall apply to and govern all such  elec-
 12    tions under this Act unless expressly otherwise set forth in this Act.
                                                                        
 13        SECTION  9.  An  emergency  existing  therefor,  which emergency is hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 15989

 This legislation aims to align Bellevue's election laws with
those of other cities in Idaho.





                         FISCAL NOTE         
                                
No impact on the general fund.
                                
                                
    


                            
Contact
Name: Representative Wendy Jaquet, House Democratic Leader 
Phone: 332-1133

                            
                                
STATEMENT OF PURPOSE/FISCAL NOTE                    H 657