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HOUSE CONCURRENT RESOLUTION NO. 23

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HCR023.....................................................by STATE AFFAIRS
TERM LIMITS - STUDY - Authorizes the Legislative Council to appoint a
committee to study the effects of the term limits initiative.

03/03    House intro - 1st rdg - to printing
03/04    Rpt prt - to St Aff

Bill Text

HCR023


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

                             IN THE HOUSE OF REPRESENTATIVES

                            HOUSE CONCURRENT RESOLUTION NO. 23

                                BY STATE AFFAIRS COMMITTEE

 1                               A CONCURRENT RESOLUTION
 2    STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
 3        APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF  THE  EFFECTS  OF
 4        THE TERM LIMITS INITIATIVE.

 5    Be It Resolved by the Legislature of the State of Idaho:

 6        WHEREAS, in 1994 the Idaho voters approved an initiative limiting the time
 7    that state and local government officials could hold office; and
 8        WHEREAS,  this initiative received a great deal of out-of-state funding in
 9    support of it and had many nonresidents paid to gather signatures  at  various
10    festivals, fairs, and other events where large numbers of people gathered; and
11        WHEREAS,  the  drafters of the initiative and the paid signature gatherers
12    did not appear to have a good working concept of the history of the  State  of
13    Idaho,  the  Idaho  and United States Constitutions and the general working of
14    our representative form of government; and
15        WHEREAS, there appear to be both federal and  state  constitutional  ques-
16    tions  about the initiative that appear to have to be resolved before the ini-
17    tiative takes effect; and
18        WHEREAS, Idaho has rural counties, cities and school  districts  where  it
19    may  be  extremely  difficult  to find a qualified person for certain elective
20    office given the sparcity of the population, which is  something  that  propo-
21    nents  of the initiative should have taken into account when they were framing
22    it; and
23        WHEREAS, the initiative was drafted loosely enough so that it is difficult
24    at times to ascertain the actual meaning of the statutes that were enacted and
25    the looseness in drafting may actually render the entire initiative  or  parts
26    of it void for vagueness; and
27        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
28    of  the  Fifty-fifth  Idaho  Legislature, the House of Representatives and the
29    Senate concurring therein, that  the  Legislative  Council  is  authorized  to
30    appoint a Committee to undertake and complete a study of the practical effects
31    of  the  term  limits  initiative that the voters approved at the 1994 general
32    election.  The Legislative Council shall determine the number  of  legislators
33    and  membership from each house appointed to the Committee and shall authorize
34    the Committee to receive input, advice  and  assistance  from  interested  and
35    affected parties who are not members of the Legislature.
36        BE IT FURTHER RESOLVED that the nonlegislative members may be appointed by
37    the  cochairs  of  the Committee who are appointed by the Legislative Council.
38    Nonlegislative members of the advisory committee shall not be reimbursed  from
39    legislative  funds  for per diem, mileage or other expenses and shall not have
40    voting privileges regarding the Committee's recommendations or proposed legis-
41    lation.
42        BE IT FURTHER RESOLVED that the Committee shall undertake  to  complete  a
43    thorough  analysis as to the true nature of the funding received by proponents
44    of the 1994 initiative and may utilize the subpoena power of  the  Legislative


                                          2

 1    Council if it encounters resistance.
 2        BE IT FURTHER RESOLVED that the Committee shall issue an interim report to
 3    the  Second  Regular  Session  of  the Fifty-fifth Idaho Legislature and shall
 4    report its findings, recommendations and proposed legislation, if any, to  the
 5    First Regular Session of the Fifty-sixth Idaho Legislature.

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE
                               RS08523C1
                                                            Stating findings of the Legislature and authorizing the  -
Legislative Council to appoint a committee to undertake and
complete a study of the effects of the term limits initiative.








                              FISCAL NOTE

                                                                 Including salary, travel, and per diem, total costs for this 2
                                                                 year committee would not exceed $12,000.











CONTACT: Speaker Bruce Newcomb      
         332-1111


STATEMENT OF PURPOSE/ FISCAL NOTE    Bill No.     HCR 23