2000 Legislation
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HOUSE BILL NO. 600 – Term limits, cnty/city/school

HOUSE BILL NO. 600

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H0600...................................................by LOCAL GOVERNMENT
TERM LIMITS - Amends existing law to provide that a board of county
commissioners may, by resolution, submit the question of retaining term
limitations for county elected offices, school district trustees and city
elected offices in that county at the general election in 2000; and to
provide that a person ineligible to have his name placed on the ballot for
the office of county commissioner at the general election in 2000 because
of term limits shall be eligible to have his name placed on the ballot at
the general election in 2000, notwithstanding term limitations.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to St Aff

Bill Text


 H0600
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 600
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TERM LIMITATIONS; AMENDING SECTION 34-907, IDAHO CODE,  TO  DELETE
  3        TERM LIMITS FOR MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESEN-
  4        TATIVES, TO PROVIDE THAT A BOARD OF COUNTY COMMISSIONERS MAY BY RESOLUTION
  5        SUBMIT THE QUESTION OF RETAINING TERM LIMITATIONS FOR COUNTY ELECTED OFFI-
  6        CES,  SCHOOL  DISTRICT TRUSTEES AND CITY ELECTED OFFICES IN THAT COUNTY AT
  7        THE GENERAL ELECTION IN 2000, TO PROVIDE THE FORM OF THE QUESTION, TO PRO-
  8        VIDE THAT A PERSON INELIGIBLE TO HAVE HIS NAME PLACED ON  THE  BALLOT  FOR
  9        THE  OFFICE OF COUNTY COMMISSIONER AT THE GENERAL ELECTION IN 2000 BECAUSE
 10        OF TERM LIMITS SHALL BE ELIGIBLE TO HAVE HIS NAME PLACED ON THE BALLOT  AT
 11        THE  GENERAL ELECTION IN 2000 NOTWITHSTANDING TERM LIMITATIONS AND TO MAKE
 12        TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 34-907, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        34-907.  LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
 17    son  shall  not be eligible to have his or her name placed upon the primary or
 18    general election ballot for a county, or state or federal  office  which  they
 19    have  previously  held  if they have served, will serve or but for resignation
 20    would have served, in that same office by the  end  of  the  current  term  of
 21    office for a length of time as follows:
 22        (a.)  As  a  member  of the U.S. House of Representatives representing any
 23        district within the state, during six (6) or more of the  previous  eleven
 24        (11) years.
 25        b.  As a member of the U.S. Senate, during twelve (12) or more of the pre-
 26        vious twenty-three (23) years.
 27        c.  As  a state elected official, during eight (8) or more of the previous
 28        fifteen (15) years.
 29        d.(b)  As a state legislator, representing any district within the  state,
 30        including  all  Hhouse seats within the same district, during eight (8) or
 31        more of the previous fifteen (15) years.
 32        e.(c)  As a county commissioner,  representing  any  district  within  the
 33        county,  during  six (6) or more of the previous eleven (11) years, except
 34        as provided in subsection (4) of this section.
 35        f.(d)  As any other county elected official, during eight (8) or  more  of
 36        the previous fifteen (15) years.
 37        (2)  Nothing  in this section shall be construed as prohibiting any quali-
 38    fied voter of this state from casting a ballot in a general election  for  any
 39    person  by  writing  the  name of that person on any ballot, or as prohibiting
 40    such a properly marked general election ballot from  being  counted  or  tabu-
 41    lated,  nor  shall any provision of this section be construed as preventing or
 42    prohibiting any person from standing or campaigning for any elective office by
 43    means of a "write-in" campaign in a general election.
                                                                        
                                           2
                                                                        
  1        (3) (a)  A board of county commissioners may, by  resolution  adopted  not
  2        later  than September 1, 2000, submit to the electors of the county at the
  3        general election to be held in November 2000, the question of whether lim-
  4        itations on the number of terms  which a person  may  serve  as  a  county
  5        elected  official, school district trustee or city elected official should
  6        be retained in that county.
  7        (b)  The form of the question to be submitted upon a petition of qualified
  8        electors or by resolution of the board of county commissioners shall be as
  9        follows:
 10        Vote for one:
 11        In favor of retaining term limits for county elected offices,  school dis-
 12        trict trustees and city elected offices in the county of (name of county).
 13        In favor of eliminating term limits for county  elected  offices,   school
 14        district  trustees  and  city  elected  offices  in the county of (name of
 15        county).
 16        If a majority of the votes cast are in favor of eliminating  term  limits,
 17    the term limits provided in section 33-443, Idaho Code, subsections (1)(c) and
 18    (d)  of  this section, and section 50-478, Idaho Code,  shall not apply in the
 19    identified county from and after the date the election results are  certified.
 20    If  a  school district is located in more than one (1) county, the decision of
 21    the county electors in the county in which the largest portion of  the  school
 22    district is located shall prevail with respect to the application of term lim-
 23    its to school district trustees of that district.
 24        (4)  Any  person  who  would  be ineligible to have his name placed on the
 25    ballot as a candidate for county commissioner at the general election in 2000,
 26    pursuant to the provisions of subsection (1)(c) of this section, shall be eli-
 27    gible to have his name placed on the ballot as a candidate for county  commis-
 28    sioner  at  that election, notwithstanding the provisions of subsection (1)(c)
 29    of this section; provided however, that unless term limitations for the office
 30    of county commissioner for that county are eliminated as provided  in  subsec-
 31    tion  (3) of this section any person elected under the provisions of this sub-
 32    section shall be ineligible to run for reelection as  county  commissioner  as
 33    provided in subsection (1)(c) of this section.
                                                                        
 34        SECTION  2.  SEVERABILITY.  The provisions of this act are hereby declared
 35    to be severable and if any provision of this act or the  application  of  such
 36    provision  to  any  person or circumstance is declared invalid for any reason,
 37    such declaration shall not affect the validity of the  remaining  portions  of
 38    this act.
                                                                        
 39        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 40    declared to exist, this act shall be in full force and effect on and after its
 41    passage and approval.

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS 09857 
                           
     The purpose of this legislation is to allow for county option to decide term limits
     on their county's school boards, city offices and county offices. All of the offices
     indicated within a county would be either totally term limited or totally not term
     limited. 
     
     
     
                     FISCAL NOTE 
     
     The fiscal impact should be negligible. 
     
     
     
     
     
               CONTACT:   Rep. Jerry Stoicheff
                208/332-1000 
     
     
                                             STATEMENT OF PURPOSE/ FISCAL NOTE                         H 600