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S1049......................................by LOCAL GOVERNMENT AND TAXATION TERM LIMITS - EXEMPTIONS - Amends and repeals existing law to provide that term limits do not apply to school trustees, or to the board members or commissioners of other districts, or mayors or city council members who serve without salary. 01/26 Senate intro - 1st rdg - to printing 01/27 Rpt prt - to St Aff
S1049|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1049 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE TERM LIMITS INITIATIVE; REPEALING SECTION 33-443, IDAHO CODE; 3 AMENDING SECTION 34-907, IDAHO CODE, TO CLARIFY THAT THE LIMITATION ON 4 BALLOT ACCESS DOES NOT APPLY TO BOARD MEMBERS OR COMMISSIONERS OF DIS- 5 TRICTS THAT SERVE WITHOUT SALARY AND TO MAKE TECHNICAL CORRECTIONS; AND 6 AMENDING SECTION 50-478, IDAHO CODE, TO PROVIDE THAT THE LIMITATION ON 7 BALLOT ACCESS DOES NOT APPLY TO MAYORS OR CITY COUNCIL MEMBERS WHO SERVE 8 WITHOUT SALARY AND TO MAKE TECHNICAL CORRECTIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 33-443, Idaho Code, be, and the same is hereby 11 repealed. 12 SECTION 2. That Section 34-907, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 15 son shall not be eligible to have his or her name placed upon the primary or 16 general election ballot for a county, state or federal office which they have 17 previously held if they have served, will serve or but for resignation would 18 have served, in that same office by the end of the current term of office for 19 a length of time as follows: 20 ( a.) As a member of the U.S. House 21 of Representatives representing any district within the state, during six 22 (6) or more of the previous eleven (11) years. 23 ( b.) As a member of the U.S. Sen- 24 ate, during twelve (12) or more of the previous twenty - three 25 (23) years. 26 ( c.) As a state elected official, 27 during eight (8) or more of the previous fifteen (15) years. 28 ( d.) As a state legislator, repre- 29 senting any district within the state, including all House seats within 30 the same district, during eight (8) or more of the previous fifteen (15) 31 years. 32 ( e.) As a county commissioner, 33 representing any district within the county, during six (6) or more of the 34 previous eleven (11) years. 35 ( f.) As any other county elected 36 official, during eight (8) or more of the previous fifteen 37 (15) years , provided that the provisions of this section shall not 38 apply to board members or commissioners of districts who serve without a 39 salary . 40 (2) Nothing in this section shall be construed as prohibiting any quali- 41 fied voter of this state from casting a ballot in a general election for any 42 person by writing the name of that person on any ballot, or as prohibiting 2 1 such a properly marked general election ballot from being counted or tabu- 2 lated, nor shall any provision of this section be construed as preventing or 3 prohibiting any person from standing or campaigning for any elective office by 4 means of a "write-in" campaign in a general election. 5 SECTION 3. That Section 50-478, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 50-478. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 8 son shall not be eligible to have his or her name placed upon a special or 9 general election ballot for a city office which they have previously held if 10 they have served, will serve or but for resignation would have served, in that 11 same office by the end of their current term of office for a length of time as 12 follows: 13 ( a.) As mayor during eight (8) or 14 more of the previous fifteen (15) years if that mayor receives a 15 salary for serving . 16 ( b.) As a member of city council 17 representing any district or assigned member council seat during eight (8) 18 or more of the previous fifteen (15) years if the city council mem- 19 ber receives a salary for serving . 20 (2) Nothing in this section shall be construed as prohibiting any quali- 21 fied voter of the city from casting a ballot for any person by writing the 22 name of that person on any ballot, or as prohibiting such a properly marked 23 ballot from being counted or tabulated, nor shall any provision of this sec- 24 tion be construed as preventing or prohibiting any person from standing or 25 campaigning for any elective office by means of a "write-in" campaign.
STATEMENT OF PURPOSE RS08594 The purpose of this measure is to allow school boards and city and county officials who serve without compensation to be exempted from the term limits initiative. FISCAL NOTE No fiscal impact. CONTACT: Clint Stennett: 332-1351 STATEMENT OF PURPOSE/ FISCAL NOTE S1049