1999 Legislation
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SENATE BILL NO. 1049 – Term limits/serve w/o salary/exmpt

SENATE BILL NO. 1049

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Daily Data Tracking History



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

Bill Text


S1049


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

                                      IN 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11    repealed.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 / Fiscal Impact


                         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