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S1257...............................................................by WERK
INITIATIVES - Adds to and amends existing law to provide that the repeal,
in its entirety by the Legislature, of any measure or statute approved by
initiative shall not become effective until the voters approve of the
repealer; to provide that the repeal would be of temporary effect; to
provide the effect if a majority of voters do not approve the repeal; to
provide that the question on the ballot shall be treated as a referendum;
to provide that the repeal by the Legislature of any measure or statute
approved by initiative shall cause all requirements for signatures and
petitions for a referendum to be waived and the measure shall be referred
to the next biennial regular election for the voters to vote upon; and to
provide duties of the Attorney General.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1257 BY WERK 1 AN ACT 2 RELATING TO INITIATIVES AND REFERENDUMS; AMENDING CHAPTER 5, TITLE 67, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 67-515, IDAHO CODE, TO PROVIDE THAT 4 THE REPEAL, IN ITS ENTIRETY BY THE LEGISLATURE, OF ANY MEASURE OR STATUTE 5 APPROVED BY INITIATIVE SHALL NOT BECOME EFFECTIVE UNTIL THE VOTERS APPROVE 6 OF THE REPEALER, TO PROVIDE THAT SUCH A REPEAL WILL BE OF TEMPORARY 7 EFFECT, TO PROVIDE THE EFFECT IF A MAJORITY OF VOTERS VOTING ON THE QUES- 8 TION DO NOT APPROVE OF THE REPEAL AND TO PROVIDE THAT THE QUESTION ON THE 9 BALLOT SHALL BE TREATED AS A REFERENDUM; AMENDING SECTION 34-1803, IDAHO 10 CODE, TO PROVIDE THAT THE REPEAL, IN ITS ENTIRETY, BY THE LEGISLATURE, OF 11 ANY MEASURE OR STATUTE APPROVED BY INITIATIVE SHALL CAUSE ALL REQUIREMENTS 12 FOR SIGNATURES AND PETITIONS FOR A REFERENDUM TO BE WAIVED, AND SHALL, FOR 13 PURPOSES OF THE LAW ON REFERENDUMS, CONSTITUTE THE SUFFICIENT NUMBER OF 14 SIGNATURES AND THE PETITION PURSUANT TO THE LAW ON REFERENDUMS AND THE 15 MEASURE SHALL BE REFERRED TO THE NEXT BIENNIAL REGULAR ELECTION FOR THE 16 VOTERS TO VOTE UPON; AMENDING SECTION 34-1809, IDAHO CODE, TO PROVIDE 17 DUTIES OF THE ATTORNEY GENERAL REGARDING BILLS APPROVED BY THE LEGISLATURE 18 REPEALING, IN ITS ENTIRETY, A STATUTE OR MEASURE APPROVED BY INITIATIVE; 19 AND PROVIDING AN EFFECTIVE DATE. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Chapter 5, Title 67, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 23 ignated as Section 67-515, Idaho Code, and to read as follows: 24 67-515. BALLOT INITIATIVE REPEAL AUTHORITY. Notwithstanding any other 25 provision of law to the contrary, the repeal, in its entirety, by the legisla- 26 ture of any measure or statute approved by initiative shall not become finally 27 effective until the repeal is referred to the voters at the next general elec- 28 tion in an even-numbered year and a majority of the voters voting on the ques- 29 tion at the general election approve of the repealer. A repeal, in its 30 entirety, by the legislature of any measure or statute approved by initiative 31 shall be of temporary force and effect if the legislature so specifies in the 32 effective date section of the act. If a majority of the voters voting on the 33 question at the general election do not approve the repeal, in its entirety, 34 of the measure or statute approved by initiative, the measure or statute shall 35 be in full force and effect as if legislation providing for its repeal had not 36 passed. The referral to the ballot of the repeal of an initiative approved 37 measure shall be treated as if it were a referendum and has been duly quali- 38 fied for the ballot as a referendum pursuant to chapter 18, title 34, Idaho 39 Code. 40 SECTION 2. That Section 34-1803, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 34-1803. REFERENDUM PETITIONS -- TIME FOR FILING -- WHEN ELECTION HELD -- 2 EFFECTIVE DATE OF LAW. Referendum petitions with the requisite number of sig- 3 natures attached shall be filed with the secretary of state not more than 4 sixty (60) days after the final adjournment of the session of the state legis- 5 lature which passed on the bill on which the referendum is demanded. The 6 repeal, in its entirety, by the legislature of any measure or statute approved 7 by initiative shall cause all requirements for signatures and the petition for 8 a referendum to be waived and shall, for purposes of this chapter, constitute 9 the sufficient number of signatures. The petition pursuant to this chapter and 10 the measure shall be referred to the next biennial regular election for the 11 voters to vote upon. All elections on measures referred to the people of the 12 state shall be had at the biennial regular election. Any measure so referred 13 to the people shall take effect and become a law when it is approved by a 14 majority of the votes cast thereon, and not otherwise. 15 SECTION 3. That Section 34-1809, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 34-1809. REVIEW OF INITIATIVE AND REFERENDUM MEASURES BY ATTORNEY GENERAL 18 -- CERTIFICATE OF REVIEW PREREQUISITE TO ASSIGNMENT OF BALLOT TITLE -- BALLOT 19 TITLE -- JUDICIAL REVIEW. (1) After receiving a copy of the petition from the 20 secretary of state as provided in section 34-1804, Idaho Code, or receiving a 21 copy of the bill approved by the legislature repealing, in its entirety, a 22 statute or measure approved by initiative: 23 (a) The attorney general may confer with the petitioner or speaker of the 24 house of representatives or president pro tempore of the senate, as the 25 case may be, and shall, within twenty (20) working days from receipt 26 thereof, review the proposal for matters of substantive import and shall 27 recommend to the petitioner such revision or alteration of the measure as 28 may be deemed necessary and appropriate. The attorney general need not 29 make any recommendations to the speaker of the house of representatives or 30 the president pro tempore of the senate regarding a bill approved by the 31 legislature repealing, in its entirety, a statute or measure approved by 32 initiative. 33 (b) The recommendations of the attorney general shall be advisory only 34 and the petitioner may accept or reject them in whole or in part. 35 (c) The attorney general shall issue a certificate of review to the sec- 36 retary of state certifying that he has reviewed the measure for form and 37 style and that the recommendations thereon, if any, have been communicated 38 to the petitioner, and such certificate shall be issued whether or not the 39 petitioner accepts such recommendations. The certificate of review shall 40 be available for public inspection in the office of the secretary of 41 state. 42 (2) Within fifteen (15) working days after the issuance of the certifi- 43 cate of review, the petitioner, if he desires to proceed with his sponsorship, 44 shall file the measure, as herein provided, with the secretary of state for 45 assignment of a ballot title and the secretary of state shall thereupon submit 46 to the attorney general two (2) copies of the measure filed. 47 (a) Within ten (10) working days after receiving copies of the petition, 48 the attorney general shall provide ballot titles as provided for below and 49 return one (1) copy of the petition to the secretary of state, with its 50 ballot title. 51 (b) A copy of the ballot title as prepared by the attorney general shall 52 be furnished by the secretary of state with the approved form of any ini- 53 tiative or referendum petition, as provided herein, to the person or per- 3 1 sons or organization or organizations under whose authority the measure is 2 initiated or referred. 3 (c) For a bill approved by the legislature repealing, in its entirety, a 4 statute or measure approved by initiative, the attorney general shall pro- 5 vide a ballot title and return the same to the secretary of state by July 6 15 of the year the measure will be on the general election ballot. A copy 7 of the ballot title as prepared by the attorney general shall be furnished 8 by the secretary of state to the speaker of the house of representatives 9 and the president pro tempore of the senate for bills approved by the leg- 10 islature repealing, in its entirety, a statute or measure approved by ini- 11 tiative. 12 (d) The ballot titles shall be used and printed on the covers of the 13 petition when in circulation; the short title shall be printed in type not 14 less than twenty (20) points on the covers of all such petitions circu- 15 lated for signatures. 16 (de) The ballot title shall contain: 17 (i) Distinctive short title not exceeding twenty (20) words by 18 which the measure is commonly referred to or spoken of and which 19 shall be printed in the foot margin of each signature sheet of the 20 petition. 21 (ii) A general title expressing in not more than two hundred (200) 22 words the purpose of the measure. 23 (iii) The ballot title shall be printed with the numbers of the mea- 24 sure on the official ballot. 25 (iv) A clear statement as to the effect of a "yes" or "no" vote on 26 any measure repealing, in its entirety, a voter approved initiative, 27 which repealer was enacted by the legislature. 28 (ef) In making the ballot title the attorney general shall, to the best 29 of his ability, give a true and impartial statement of the purpose of the 30 measure and in such language that the ballot title shall not be intention- 31 ally an argument or likely to create prejudice either for or against the 32 measure. 33 (3) Any person dissatisfied with the ballot title or the short title pro- 34 vided by the attorney general for any measure, may appeal from his decision to 35 the supreme court by petition, praying for a different title and setting forth 36 the reason why the title prepared by the attorney general is insufficient or 37 unfair. 38 (a) No appeal shall be allowed from the decision of the attorney general 39 on a ballot title unless made within twenty (20) days after the ballot 40 title is filed in the office of the secretary of state; provided however, 41 that this section shall not prevent any later judicial proceeding to 42 determine the sufficiency of such title, nor shall it prevent any judicial 43 decision upon the sufficiency of such title. 44 (b) A copy of every such ballot title shall be served by the secretary of 45 state upon the person offering or filing such initiative or referendum 46 petition, or appeal. The service of the ballot title may be by mail, tele- 47 graph or facsimile and shall be made forthwith when it is received from 48 the attorney general by the secretary of state. 49 (c) The supreme court shall thereupon examine said measure, hear argu- 50 ment, and in its decision thereon certify to the secretary of state a bal- 51 lot title and a short title for the measure in accord with the intent of 52 this section. The secretary of state shall print on the official ballot 53 the title thus certified to him. 54 (4) Any qualified elector of the state of Idaho may, at any time after 55 the attorney general has issued a certificate of review, bring an action in 4 1 the supreme court to determine the constitutionality of any initiative. 2 SECTION 4. This act shall be in full force and effect on and after the 3 date of adoption of Senate Joint Resolution No. 103, by the electorate of the 4 state of Idaho as required by law.
STATEMENT OF PURPOSE
RS 15581
This legislation provides the people of Idaho with the ultimate
decision making authority for repealing statute made through the
initiative process.
The authority of the legislature to repeal a statute created through
the initiative process is maintained. In addition, any vote by the
legislature to repeal a statute created through the initiative process
will automatically delay or suspend implementation of the provisions of
that statute.
Once a statute created through the initiative process is repealed by
the legislature, the repeal is automatically placed on the next general
election ballot for approval or rejection by the citizens of the state
of Idaho.
FISCAL IMPACT
If the legislature repeals a statute created by the initiative process,
the cost to produce and mail a voter s pamphlet for a general election
is approximately $115,000.
Contact
Name: Senator Elliot Werk
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1257