HOUSE BILL NO. 488

2006 Legislation

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HOUSE BILL NO. 488 – Legislator, resignation, successor

View Statement of Purpose / Fiscal Impact

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Bill Status


H0488......................................................by STATE AFFAIRS
LEGISLATORS - RESIGNATION - Amends existing law to provide for assumption
of powers and duties of a legislator in the event the legislator resigns
from office.
                                                                        
01/27    House intro - 1st rdg - to printing
01/30    Rpt prt - to St Aff
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- Mr. Speaker
      Absent and excused -- Black
    Floor Sponsors - Boe & Bayer
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to St Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Malepeai
    Title apvd - to House
03/03    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/08    To Governor
03/11    Governor signed
         Session Law Chapter 34
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 488
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUCCESSION TO THE DUTIES OF LEGISLATOR; AMENDING SECTION  67-423A,
  3        IDAHO CODE, TO PROVIDE FOR ASSUMPTION OF POWERS AND DUTIES OF A LEGISLATOR
  4        IN THE EVENT A LEGISLATOR RESIGNS FROM OFFICE AND TO REVISE TERMINOLOGY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 67-423A, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        67-423A.  ASSUMPTION OF POWERS  AND  DUTIES  OF  LEGISLATOR  BY  EMERGENCY
  9    INTERIM SUCCESSOR. IN THE EVENT OF DEATH. If in the event a legislator dies or
 10    resigns  the  office, his the legislator's emergency interim successor highest
 11    in order of succession who is not unavailable shall, except for the power  and
 12    duty  to  appoint  emergency  successors,  exercise  the powers and assume the
 13    duties of such legislator. An emergency interim successor shall exercise these
 14    powers and assume these duties until an emergency interim successor higher  in
 15    order of succession, or a replacement legislator appointed pursuant to section
 16    59-904A, Idaho Code, and legally qualified can act. Each house of the legisla-
 17    ture  shall, in accordance with its own rules, determine who is entitled under
 18    the provisions of this act chapter to  exercise  the  powers  and  assume  the
 19    duties  of its members. All constitutional and statutory provisions pertaining
 20    to ouster of a legislator shall be applicable to an emergency interim  succes-
 21    sor who is exercising the powers and assuming the duties of a legislator.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15457C1

This legislation provides for an emergency interim successor to a
legislator who resigns from office during a legislative session. 
The interim legislator will be chosen from the list of
substitutes submitted by the elected legislator at the beginning
of the legislator's term.  The substitute will serve until the
county is able to nominate and the Governor is able to appoint a
permanent replacement.



                           FISCAL NOTE

There is no fiscal impact.






Contact
Name:     Rep. Donna Boe 
Name:     Rep. Clifford Bayer
Phone:    (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 488