1999 Legislation
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HOUSE BILL NO. 77 – Term limits, city/cnty/school bd

HOUSE BILL NO. 77

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H0077...............................................by STOICHEFF AND ALLTUS
TERM LIMITS - Amends and adds to existing law to provide that the trustees
of a school district may submit the question of retaining term limitations
for the office of school district trustee for that school district at the
election of school district trustees in 2000; to delete term limits for
members of the United States Senate and House of Representatives; to
provide for submission to the electors of the county the question of
retaining term limitations for the office of county commissioner and/or for
other county elected offices; to provide that a candidate for the office of
county commissioner otherwise ineligible to have his name placed on the
ballot because of term limits shall be eligible to run for the office at
the general election in 2000 if the question of retaining or eliminating
term limits for county commissioners is placed on the ballot and to provide
that if term limits are retained such person may serve out the term for
which he was elected but will thereafter be subject to term limits; and to
provide for submission to the electors of the city at a city general
election the question of retaining limitations on the number of terms a
person may serve in an elected office of that city.

01/14    House intro - 1st rdg - to printing
01/15    Rpt prt - to St Aff

Bill Text


H0077


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 77

                                 BY STOICHEFF AND ALLTUS

 1                                        AN ACT
 2    RELATING TO TERM LIMITATIONS; AMENDING SECTION 33-443, IDAHO CODE, TO  PROVIDE
 3        THAT  THE TRUSTEES OF A SCHOOL DISTRICT MAY SUBMIT THE QUESTION OF RETAIN-
 4        ING TERM LIMITATIONS FOR THE OFFICE OF SCHOOL DISTRICT  TRUSTEE  FOR  THAT
 5        SCHOOL DISTRICT AT THE ELECTION OF SCHOOL DISTRICT TRUSTEES IN 2000 AND TO
 6        PROVIDE  THE FORM OF THE QUESTION; AMENDING SECTION 34-907, IDAHO CODE, TO
 7        DELETE TERM LIMITS FOR MEMBERS OF THE UNITED STATES SENATE  AND  HOUSE  OF
 8        REPRESENTATIVES,  TO  PROVIDE FOR SUBMISSION TO THE ELECTORS OF THE COUNTY
 9        THE QUESTION OF RETAINING TERM LIMITATIONS FOR THE OFFICE OF  COUNTY  COM-
10        MISSIONER  OR  THE QUESTION OF RETAINING TERM LIMITATIONS FOR OTHER COUNTY
11        ELECTED OFFICES, OR BOTH, UPON A PETITION OF THE ELECTORS OF  THE  COUNTY,
12        TO PROVIDE THAT A BOARD OF COUNTY COMMISSIONERS, BY RESOLUTION, MAY SUBMIT
13        EITHER  OR  BOTH QUESTIONS AT THE GENERAL ELECTION IN 2000, TO PROVIDE THE
14        FORM OF THE QUESTIONS, TO PROVIDE THAT  A  CANDIDATE  FOR  THE  OFFICE  OF
15        COUNTY  COMMISSIONER  OTHERWISE  INELIGIBLE TO HAVE HIS NAME PLACED ON THE
16        BALLOT BECAUSE OF TERM LIMITS SHALL BE ELIGIBLE TO RUN FOR THE  OFFICE  AT
17        THE  GENERAL  ELECTION IN 2000 IF THE QUESTION OF RETAINING OR ELIMINATING
18        TERM LIMITS FOR COUNTY COMMISSIONERS IS PLACED ON THE BALLOT,  TO  PROVIDE
19        THAT  IF  TERM  LIMITS ARE RETAINED SUCH PERSON MAY SERVE OUT THE TERM FOR
20        WHICH HE WAS ELECTED BUT WILL THEREAFTER BE SUBJECT TO TERM LIMITS AND  TO
21        MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 50-478, IDAHO CODE, TO PRO-
22        VIDE FOR SUBMISSION TO THE ELECTORS OF THE CITY AT A CITY GENERAL ELECTION
23        THE QUESTION OF RETAINING LIMITATIONS ON THE NUMBER OF TERMS A PERSON  MAY
24        SERVE IN AN ELECTED OFFICE OF THAT CITY UPON A PETITION OF THE ELECTORS OF
25        THE  CITY,  TO  PROVIDE  THAT  A CITY COUNCIL BY RESOLUTION MAY SUBMIT THE
26        QUESTION AT THE CITY GENERAL ELECTION IN 1999, TO PROVIDE THE FORM OF  THE
27        QUESTION  AND  TO  MAKE TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY; AND
28        DECLARING AN EMERGENCY.

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

30        SECTION 1.  That Section 33-443, Idaho Code, be, and the  same  is  hereby
31    amended to read as follows:

32        33-443.  LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
33    son shall not be eligible to have his or her name placed upon the school elec-
34    tion  ballot  for the office of school district trustee which they have previ-
35    ously held if they have served, will serve or but for resignation  would  have
36    served, in that same office by the end of their current term of office, repre-
37    senting  any  zone  of  the  district,  during six (6) or more of the previous
38    eleven (11) years.
39        (2)  Nothing in the section shall be construed as prohibiting  any  quali-
40    fied  voter  of  the  school  district from casting a ballot for any person by
41    writing the name of that person on any ballot, or as prohibiting such a  prop-
42    erly marked ballot from being counted or tabulated, nor shall any provision of
43    this  section be construed as preventing or prohibiting any person from stand-


                                          2

 1    ing or campaigning for any elective office by means of a "write-in" campaign.
 2         (3)  By resolution adopted by the board of school district trustees,
 3    a board of school district trustees may submit to the  qualified  electors  of
 4    the  district at the election of school district trustees on the third Tuesday
 5    in May 2000, the question of whether the limitations on the  number  of  terms
 6    which  a person may serve in the office of school district trustee as provided
 7    in this section should continue to apply to  the  office  of  school  district
 8    trustee for that district.
 9        (4)  The form of the question to be submitted shall be as follows:
10        Vote for one:
11        In  favor  of retaining term limits for the office of school district
12        trustee of (name of school district).
13        In favor of eliminating term limits for the office of school district
14        trustee of (name of school district).
15    If a majority of the votes cast are in favor of eliminating term  limits,  the
16    term  limits provided in this section shall not be applicable to the office of
17    school district trustee for the identified district from and  after  the  date
18    the election results are certified. 

19        SECTION  2.  That  Section  34-907, Idaho Code, be, and the same is hereby
20    amended to read as follows:

21        34-907.  LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
22    son shall not be eligible to have his or her name placed upon the  primary  or
23    general election ballot for a county ,   or  state 
24    or  federal  office which they have previously held if they have served,
25    will serve or but for resignation would have served, in that  same  office  by
26    the end of the current term of office for a length of time as follows:
27         ( a .  )    As a member of the U.S.
28        House  of Representatives representing any district within the state, dur-
29        ing six (6) or more of the previous eleven (11) years.
30        b.  As a member of the U.S. Senate, during twelve (12) or more of the pre-
31        vious twenty-three (23) years. 
32         c.  As a state elected official, during eight (8) or  more  of
33        the previous fifteen (15) years.
34          d.   (b)   As a state legislator, representing any
35        district within the state, including all House seats within the same  dis-
36        trict, during eight (8) or more of the previous fifteen (15) years.
37          e.    (c)   As a county commissioner, representing
38        any district within the county, during six (6) or  more  of  the  previous
39        eleven (11) years.
40          f.    (d)    As any other county elected official,
41        during eight (8) or more of the previous  fifteen  (15) years.
42        (2)  Nothing in this section shall be construed as prohibiting any  quali-
43    fied  voter  of this state from casting a ballot in a general election for any
44    person by writing the name of that person on any  ballot,  or  as  prohibiting
45    such  a  properly  marked  general election ballot from being counted or tabu-
46    lated, nor shall any provision of this section be construed as  preventing  or
47    prohibiting any person from standing or campaigning for any elective office by
48    means of a "write-in" campaign in a general election.
49          (3)  (a) The  qualified electors of the county shall have the right
50        through the county initiative process provided in  section  31-717,  Idaho
51        Code,  to submit to the electors of the county the question of whether the
52        limitations on the number of terms which a person may serve in the  office
53        of  county  commissioner should be retained for that county or whether the


                                          3

 1        limitations on the number of terms which a person may serve in  any  other
 2        county   elected   office   should  be  retained  for  that  county.   The
 3        question(s) of retaining or eliminating term limits may only be  submitted
 4        at a general election.  Either or both questions may be submitted.
 5     
 6          (b)  A  board of county commissioners may, by resolution, submit to
 7        the electors of the county at the general election to be held in  November
 8        2000,  the  question of whether limitations on the number of terms which a
 9        person may serve in the office of county commissioner should  be  retained
10        for that county or whether limitations on the number of terms which a per-
11        son  may  serve  in any other county elected office should be retained for
12        that county. The board may submit either or both questions. 
13         (c)  The form of the question(s) to be submitted upon a petition  of
14        qualified  electors  or by resolution of the board of county commissioners
15        shall be as follows:
16        Vote for one: 
17         In favor of retaining term limits for the office of county com-
18        missioner of (name of county). 
19         In favor of eliminating term limits for the  office  of  county
20        commissioner of (name of county).
21        Vote for one: 
22          In favor of retaining term limits for all other county elected
23        offices of (name of county). 
24         In favor of  eliminating  term  limits  for  all  other  county
25        elected offices of (name of county).
26    If  a  majority  of the votes cast are in favor of eliminating term limits for
27    the office of county commissioner of the identified county, the provisions  of
28    subsection  (1)  of this section shall not apply to that office in the identi-
29    fied county from and after the date the election results are certified.  If  a
30    majority  of  the  votes  cast are in favor of eliminating term limits for all
31    other county elected offices of the identified county, the provisions of  sub-
32    section  (1)  of this section shall not apply to that office in the identified
33    county from and after the date the election results are certified.
34        (4)  Any person seeking election as a county  commissioner  who  otherwise
35    would  be  ineligible to have his name placed on the ballot as a candidate for
36    county commissioner at the general election in 2000 pursuant to the provisions
37    of subsection (1)(c) of this section, shall  be  eligible  to  have  his  name
38    placed  on  the ballot as a candidate for county commissioner at that election
39    if the question of retaining or eliminating term  limits  for  the  office  of
40    county  commissioner  is  submitted as provided in subsection (3) of this sec-
41    tion.  If the person is elected as a county commissioner but the  electors  of
42    the  county  vote to retain term limits for the office of county commissioner,
43    the person may serve out the term for which he was elected, but shall thereaf-
44    ter be subject to the term limits applicable to that  office  as  provided  in
45    subsection (1)(c) of this section. 

46        SECTION  3.  That  Section  50-478, Idaho Code, be, and the same is hereby
47    amended to read as follows:

48        50-478.  LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
49    son shall not be eligible to have his or her name placed  upon  a  special  or
50    general  election  ballot for a city office which they have previously held if
51    they have served, will serve or but for resignation would have served, in that
52    same office by the end of their current term of office for a length of time as
53    follows:


                                          4

 1         ( a .  )   As mayor during eight (8)  or
 2        more of the previous fifteen (15) years.
 3          (  b .  )   As a member of city council
 4        representing any district or assigned member council seat during eight (8)
 5        or more of the previous fifteen (15) years.
 6        (2)  Nothing in this section shall be construed as prohibiting any  quali-
 7    fied  voter  of  the  city from casting a ballot for any person by writing the
 8    name of that person on any ballot, or as prohibiting such  a  properly  marked
 9    ballot  from  being counted or tabulated, nor shall any provision of this sec-
10    tion be construed as preventing or prohibiting any  person  from  standing  or
11    campaigning for any elective office by means of a "write-in" campaign.
12         (3)  The qualified electors of the city shall have the right through
13    the  initiative  process  provided in section 50-501, Idaho Code, to submit to
14    the electors of the city the question of whether the limitations on the number
15    of terms which a person may serve in a city elected office as provided in this
16    section should be retained for that city.  The question of retaining or elimi-
17    nating term limits as provided in this subsection shall be submitted only at a
18    city general election held in November of an odd-numbered year, as provided in
19    section 50-402, Idaho Code.
20        (4)  A city council may, by resolution, submit to the  qualified  electors
21    of  the  city  at  the city general election in November 1999, the question of
22    whether limitations on the number of terms which a person may serve in a  city
23    elected office should be retained for that city.
24        (5)  The form of the question to be submitted upon a petition of qualified
25    electors or by resolution of the city council shall be as follows:
26        Vote for one:
27        In favor of retaining term limits for all elected offices of (name of
28        city). 
29          In favor of eliminating term limits for all elected offices of
30        (name of city).
31    If a majority of the votes cast are in favor of eliminating term  limits,  the
32    provisions  of subsection (1) of this section shall not apply to elected offi-
33    ces of the identified city from and after the date the  election  results  are
34    certified. 

35        SECTION  4.  SEVERABILITY.  The provisions of this act are hereby declared
36    to be severable and if any provision of this act or the  application  of  such
37    provision  to  any  person or circumstance is declared invalid for any reason,
38    such declaration shall not affect the validity of the  remaining  portions  of
39    this act.

40        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
41    declared to exist, this act shall be in full force and effect on and after its
42    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                             RS08629

This bill allows school board members, city elected officials and
county elected officials to place the question on the ballot
regarding whether to remove term limits for those positions,by a
vote of the people.

                           FISCAL NOTE

There could be a small additional cost for ballots if the term
limits questions adds an additional page to the ballot.

CONTACT: Representative Alltus
                  Representative Stoicheff
                  (208)332-1000
         

                                   STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 77