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H0758......................................................by STATE AFFAIRS
BELLEVUE CITY CHARTER - Amends the Charter of the City of Bellevue to
provide for the election dates and election procedures to be as set forth
in the general laws of the state of Idaho applicable to election of city
officials; and to provide quorum requirements and requirements for passage
of ordinances, resolutions and other questions.
03/01 House intro - 1st rdg - to printing
03/02 Rpt prt - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, 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, Mr.
Speaker
NAYS -- None
Absent and excused -- Block, Crow, Deal, Martinez
Floor Sponsor - Jaquet
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Loc Gov
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
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, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Stennett
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 Pres signed - To Governor
03/31 Governor signed
Session Law Chapter 317
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 758
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 AMENDING THE CHARTER OF THE CITY OF BELLEVUE, TO AMEND CHAPTER III, SECTION
3 33, AS ADDED BY SECTION 2, CHAPTER 130, LAWS OF 1996, TO REDESIGNATE THE
4 SECTION AND TO MAKE A TECHNICAL CORRECTION; TO AMEND CHAPTER IV, ELEC-
5 TIONS, SECTIONS 33, 34, 36, 37, 41, 42 AND 43 THEREOF TO PROVIDE FOR THE
6 ELECTION DATES AND ELECTION PROCEDURES TO BE AS SET FORTH IN THE GENERAL
7 LAWS OF THE STATE OF IDAHO APPLICABLE TO ELECTION OF CITY OFFICIALS,
8 INCLUDING SUBSEQUENT AMENDMENTS THERETO; AND TO AMEND CHAPTER VI, SECTION
9 54, TO PROVIDE QUORUM REQUIREMENTS AND REQUIREMENTS FOR PASSAGE OF ORDI-
10 NANCES, RESOLUTIONS AND OTHER QUESTIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 33, Chapter III of the Charter of the City of
13 Bellevue, as added by Section 2, Chapter 130, Laws of 1996, be, and the same
14 is hereby amended to read as follows:
15 Section 33A. All powers and authority granted to cities under any general
16 laws of the state of Idaho are hereby granted to the City of Bellevue. The
17 City of Bellevue may pass and publish ordinances as provided by the general
18 laws of the state of Idaho.
19 SECTION 2. That Section 33, Chapter IV, of the Charter of the City of
20 Bellevue, be, and the same is hereby amended to read as follows:
21 Section 33. There shall be a general election for all city officers
22 required to be elected under this Act, on the first Monday in April in every
23 year Tuesday following the first Monday of November in each year, which elec-
24 tion shall be conducted as set forth in the general laws of the State of Idaho
25 governing election of city officials under Title 50, Idaho Code, including
26 subsequent amendments thereto and recodifications thereof, which laws shall
27 apply to and govern elections under this Act, unless otherwise set forth
28 herein.
29 SECTION 3. That Section 34, Chapter IV, of the Charter of the City of
30 Bellevue, be, and the same is hereby amended to read as follows:
31 Section 34. No person is qualified to vote at any election under this Act
32 who does not possess the qualifications of an elector according to Section
33 50-411, Idaho Code the general laws of the State of Idaho applicable to city
34 elections under Title 50, Idaho Code, including subsequent amendments thereto
35 and recodifications thereof, which laws shall apply to and govern elections
36 under this Act unless otherwise set forth in this Act.
37 SECTION 4. That Section 36, Chapter IV, of the Charter of the City of
38 Bellevue, be, and the same is hereby amended to read as follows:
2
1 Section 36. The Clerk, under the direction of the Common Council shall
2 give ten days' notice, by posting the same in at least two public places in
3 each ward of the city, or by publication in some newspaper published in said
4 city, of such general election, the officers to be elected, the places desig-
5 nated for holding the election in each ward, and the judges and clerks
6 appointed to conduct the same shall provide such notices of election, and mat-
7 ters incidental thereto, as required under the general laws of the State of
8 Idaho applicable to city elections under Chapter 4, Title 50, Idaho Code,
9 including subsequent amendments thereto and recodifications thereof, which
10 laws shall apply to and govern elections under this Act, unless otherwise set
11 forth herein, under direction of the Common Council.
12 SECTION 5. That Section 37, Chapter IV, of the Charter of the City of
13 Bellevue, be, and the same is hereby amended to read as follows:
14 Section 37. All elections shall commence at twelve o'clock P.M., and con-
15 tinue until eight o'clock P.M. of the same day, without closing the polls
16 between such hours. If any judge of an election fails to attend and serve at
17 the proper time, the voters of the ward then present may elect another in his
18 place, and if any clerk fails to attend and serve at the proper time, the
19 judges of the election may appoint another in his place be conducted in accor-
20 dance with the general laws of the State of Idaho applicable to city elections
21 under Title 50, Idaho Code, including subsequent amendments thereto and
22 recodifications thereof, which laws shall apply to and govern elections under
23 this Act unless otherwise set forth in this Act.
24 SECTION 6. That Section 41, Chapter IV, of the Charter of the City of
25 Bellevue, be, and the same is hereby amended to read as follows:
26 Section 41. The term of office of everyone elected to office under this
27 Act shall be two (2) years and shall commence on the first Monday of May of
28 each year. Any person elected to any office who shall fail to qualify by fil-
29 ing a bond and taking the oath of office, as is herein provided on or before
30 the same first Monday of May after his election, shall be deemed to have
31 declined said office, and said office shall thereby become vacant; except in
32 cases of contests, in which case such person must qualify within ten days from
33 the determination of such contest upon taking office at the first Common Coun-
34 cil meeting in the January following the election at which such person was
35 elected to office in accordance with the general laws of the State of Idaho
36 applicable to election of city officials under Title 50, Idaho Code, including
37 subsequent amendments thereto and recodifications thereof, which laws shall
38 apply to and govern elections under this Act, unless otherwise set forth
39 herein, except the term for elected officials commencing the first Monday in
40 May of 2005, shall be until the first council meeting in January of 2007, and
41 the term for elected officials commencing the first Monday in May of 2006,
42 shall be until the first council meeting in January 2008. Each person holding
43 elected office shall serve until their successor is duly sworn into office.
44 SECTION 7. That Section 42, Chapter IV, of the Charter of the City of
45 Bellevue, be, and the same is hereby amended to read as follows:
46 Section 42. All persons elected under this Act, before entering upon the
47 duties of his office, shall take and file with the Clerk an oath to the fol-
48 lowing effect: "I, A.B., do solemnly swear or affirm that I will support the
49 Constitution of the United States and the organic Act of this Territory, and
3
1 I will to the best of my ability faithfully perform the duties of ............
2 during my continuance in same office, so help me God," and file an official
3 bond when required or affirmation of office in accordance with the general
4 laws of the State of Idaho, including subsequent amendments thereto and
5 recodifications thereof, which laws shall apply to and govern elections under
6 this Act, unless otherwise set forth herein.
7 SECTION 8. That Section 43, Chapter IV, of the Charter of the City of
8 Bellevue, be, and the same is hereby amended to read as follows:
9 Section 43. All general laws of this Territory the State of Idaho regu-
10 lating and governing general elections and special election proceedings, and
11 matters incidental thereto, shall apply to and govern elections under this
12 Act, unless as herein otherwise provided including, without limitation, Chap-
13 ter 4, Title 50, Idaho Code, Municipal Elections, and subsequent amendments
14 thereto and recodifications thereof, shall apply to and govern all such elec-
15 tions under this Act unless expressly otherwise set forth in this Act.
16 SECTION 9. That Section 54, Chapter VI, of the Charter of the City of
17 Bellevue, be, and the same is hereby amended to read as follows:
18 Section 54. A majority of the whole number constituting the Council is a
19 majority within the meaning of this Act, and not otherwise, unless expressly
20 so provided. The concurrence of a majority of a quorum is a sufficient major-
21 ity to determine any question or matter other than the final passage of an
22 ordinance The presence of a quorum of the Council and the passage of ordi-
23 nances, resolutions and other questions before the Council shall be in accor-
24 dance with the general laws of the State of Idaho applicable to cities includ-
25 ing subsequent amendments thereto and recodifications thereof, which laws
26 shall apply to and govern elections under this Act, unless otherwise set forth
27 herein.
STATEMENT OF PURPOSE
RS 16172
This legislation aims to align Bellevue's election laws with
those of other cities in Idaho.
FISCAL NOTE
No impact on the general fund.
Contact
Name: Representative Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 758