1999 Legislation
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HOUSE BILL NO. 204 – Legislator, emrgncy interim replace

HOUSE BILL NO. 204

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Daily Data Tracking History



H0204......................................................by STATE AFFAIRS
LEGISLATORS - Adds to existing law to provide for emergency interim
succession of a member of the Legislature in the event of death and until a
replacement is appointed pursuant to law.

02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - hld at desk
02/16    Ref'd to St Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 66-1-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, McKague,
      Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
      Wheeler, Williams, Wood, Zimmermann, Mr Speaker
      NAYS -- Crow
      Absent and excused -- Cuddy, Hammond, Marley
    Floor Sponsor - Boe
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 30-0-5
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
      Ingram, Ipsen, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs,
      Whitworth
      NAYS--None
      Absent and excused--Branch, Frasure, Keough, Parry, Wheeler
    Floor Sponsor - Dunklin
    Title apvd - to House
03/17    To enrol
03/18    Rpt enrol - Sp signed - Pres signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 297
         Effective: 03/24/99

Bill Text


H0204


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 204

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO MEMBERS OF THE LEGISLATURE; AMENDING CHAPTER 4,  TITLE  67,  IDAHO
 3        CODE, BY THE ADDITION OF A NEW SECTION 67-423A, IDAHO CODE, TO PROVIDE FOR
 4        EMERGENCY  INTERIM  SUCCESSION OF A MEMBER OF THE LEGISLATURE IN THE EVENT
 5        OF DEATH AND UNTIL A REPLACEMENT IS APPOINTED PURSUANT TO LAW; AND DECLAR-
 6        ING AN EMERGENCY.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Chapter 4, Title 67, Idaho Code,  be,  and  the  same  is
 9    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
10    known and designated as Section 67-423A, Idaho Code, and to read as follows:

11        67-423A.  ASSUMPTION OF POWERS  AND  DUTIES  OF  LEGISLATOR  BY  EMERGENCY
12    INTERIM  SUCCESSOR  IN  THE EVENT OF DEATH. If in the event a legislator dies,
13    his emergency interim successor highest in order  of  succession  who  is  not
14    unavailable  shall, except for the power and duty to appoint emergency succes-
15    sors, exercise the powers and assume the duties of such legislator.  An  emer-
16    gency  interim  successor  shall exercise these powers and assume these duties
17    until an emergency interim successor higher  in  order  of  succession,  or  a
18    replacement  legislator appointed pursuant to section 59-904A, Idaho Code, and
19    legally qualified can act. Each house of the legislature shall, in  accordance
20    with its own rules, determine who is entitled under the provisions of this act
21    to  exercise  the  powers  and assume the duties of its members. All constitu-
22    tional and statutory provisions pertaining to ouster of a legislator shall  be
23    applicable  to an emergency interim successor who is exercising the powers and
24    assuming the duties of a legislator.

25        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
26    declared to exist, this act shall be in full force and effect on and after its
27    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                              RS08911

This bill provides for an emergency interim successor in the event of
the death of a legislator. The interim successor shall assume the
powers and duties of the deceased legislator until a replacement
legislator can be nominated by the legislative district committee of
the same political party and appointed by the Governor.

                                 
                                 
                                 
                                 
                                 
                                 
                                 
                            FISCAL NOTE

There is no fiscal impact.






CONTACT: Representative Donna Boe
                                 208/332-1000

                                     STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 204