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S1484......................................................by STATE AFFAIRS INITIATIVES - Amends and adds to existing law relating to initiatives to provide for statements of fiscal impact; to revise petition requirements; to provide for analysis of statements of fiscal impact and for rebuttal statements; to revise the contents of the voters' pamphlet; to provide for website publication of the voters' pamphlet; and to revise the effective date of initiative adopted by the voters. 03/10 Senate intro - 1st rdg - to printing 03/11 Rpt prt - to St Aff 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 23-9-3 AYES -- Andreason, Bair, Bastian, Cameron, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway, Stegner NAYS -- Bilyeu, Broadsword, Coiner, Corder, Kelly, Langhorst, Malepeai(Sagness), Stennett, Werk Absent and excused -- Burkett, Gannon, Schroeder Floor Sponsor - Pearce Title apvd - to House 03/20 House intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1484 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO INITIATIVES; AMENDING SECTION 34-1804, IDAHO CODE, TO PROVIDE FOR 3 STATEMENT OF FISCAL IMPACT, TO REVISE PETITION REQUIREMENTS AND TO MAKE 4 TECHNICAL CORRECTIONS; AMENDING CHAPTER 18, TITLE 34, IDAHO CODE, BY THE 5 ADDITION OF A NEW SECTION 34-1809A, IDAHO CODE, TO PROVIDE FOR ANALYSIS OF 6 STATEMENT OF FISCAL IMPACT AND FOR REBUTTAL STATEMENT; AMENDING SECTION 7 34-1812C, IDAHO CODE, TO REVISE CONTENTS OF THE VOTERS' PAMPHLET AND TO 8 PROVIDE FOR WEBSITE PUBLICATION OF THE VOTERS' PAMPHLET; AND AMENDING SEC- 9 TION 34-1813, IDAHO CODE, TO REVISE THE EFFECTIVE DATE OF INITIATIVE 10 ADOPTED BY THE VOTERS AND TO MAKE TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 34-1804, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 34-1804. PRINTING OF PETITION AND SIGNATURE SHEETS -- STATEMENT OF FISCAL 15 IMPACT. (1) Before or at the time of beginning to circulate any petition for 16 the referendum to the people on any act passed by the state legislature of the 17 state of Idaho, or for any law proposed by the initiative, the person or per- 18 sons or organization or organizations under whose authority the measure is to 19 be referred or initiated shall send or deliver to the secretary of state a 20 copy of such petition duly signed by at least twenty (20) qualified electors 21 of the state which shall be filed by said officer in his office, and who shall 22 immediately transmit a copy of the petition to the attorney general for the 23 issuance of the certificate of review as provided in section 34-1809, Idaho 24 Code. 25 (2) Before beginning to circulate any petition for any law proposed by 26 initiative, the person or organization under whose authority the initiative is 27 proposed shall send or deliver a concise statement of fiscal impact to the 28 secretary of state. The statement of fiscal impact shall estimate the impact 29 of the initiative, if adopted by the voters, on the revenues of the state of 30 Idaho and any unit of local government, on the expenditure of funds by the 31 state or any unit of local government and on private property and business 32 within the state of Idaho. The secretary of state shall immediately transmit a 33 copy of the statement of fiscal impact to the division of financial management 34 for analysis as provided in section 34-1809A, Idaho Code. 35 (3) All petitions for the initiative and for the referendum and sheets 36 for signatures shall be printed on a good quality of bond or ledger paper in 37 the form and manner as approved by the secretary of state. To every sheet of 38 petitioners' signatures shall be attached a full and correct copy of the mea- 39 sure so proposed by initiative petition, a summary of the statement of fiscal 40 impact, the division of financial management's summary analysis as provided 41 for in section 34-1809A, Idaho Code, and a summary of the rebuttal statement 42 permitted by section 34-1809A, Idaho Code; but such petition may be filed by 43 the secretary of state in numbered sections for convenience in handling. Every 2 1 sheet of petitioners' signatures upon referendum petitions shall be attached 2 to a full and correct copy of the measure on which the referendum is demanded, 3 and may be filed in numbered sections in like manner as initiative petitions. 4 Not more than twenty (20) signatures on one (1) sheet shall be counted. Each 5 signature sheet shall contain signatures of qualified electors from only one 6 (1) county. 7 SECTION 2. That Chapter 18, Title 34, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 34-1809A, Idaho Code, and to read as follows: 10 34-1809A. ANALYSIS OF INITIATIVE STATEMENT OF FISCAL IMPACT -- REBUTTAL 11 STATEMENT. After receiving a copy of the statement of fiscal impact from the 12 secretary of state as provided in section 34-1804, Idaho Code, the division of 13 financial management shall review the statement of fiscal impact for accuracy. 14 Within thirty (30) days of receipt of the statement of fiscal impact, the 15 division of financial management shall transmit to the secretary of state and 16 to the person or organization under whose authority the initiative is proposed 17 the division's analysis of the statement of fiscal impact, including the accu- 18 racy of the statement of fiscal impact's estimates, the division's estimates, 19 if different from those contained in the statement of fiscal impact, and the 20 basis for the division's estimates and a summary of that analysis. The 21 division's analysis shall be available for public inspection in the office of 22 the secretary of state and be published on the secretary of state's website. 23 If the person or organization under whose authority the initiative is proposed 24 disagrees with the division's analysis, such person or organization may file a 25 rebuttal statement with the secretary of state within thirty (30) days from 26 the date of transmittal. 27 SECTION 3. That Section 34-1812C, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 34-1812C. VOTERS' PAMPHLET. (1) Not later than September 25 before any 30 regular general election at which an initiative or referendum measure is to be 31 submitted to the people, the secretary of state shall cause to be printed a 32 voters' pamphlet which shall contain the following: 33 (a) A complete copy of the title and text of each measure with the number 34 and form in which the ballot title thereof will be printed on the official 35 ballot; 36 (b) A copy of the arguments and rebuttals for and against each state mea- 37 sure; and 38 (c) A copy of the statement of fiscal impact, the division of financial 39 management's analysis of that statement and any rebuttal statement permit- 40 ted by section 34-1809A, Idaho Code. 41 (2) The secretary of state shall mail or distribute a copy of the voters' 42 pamphlet to every household in the state and shall cause to have a copy of the 43 voters' pamphlet published on the secretary of state's website. Sufficient 44 copies of the voters' pamphlet shall also be sent to each county clerk. The 45 county clerk and the secretary of state shall make copies of the voters' pam- 46 phlet available upon request. 47 (3) The voters' pamphlet shall be printed according to the following 48 specifications: 49 (a) The pages of the pamphlet shall be not smaller than 6 x 9 inches in 50 size; 51 (b) It shall be printed in clear readable type, no less than 10-point, 3 1 except that the text of any measure may be set forth in no less than 2 7-point type; 3 (c) It shall be printed on a quality and weight of paper which in the 4 judgment of the secretary of state best serves the voters; 5 (d) If the material described in subsections (a) and (b) of this section 6 is combined in a single publication with constitutional amendments, the 7 entire publication shall be treated as a legal notice. 8 SECTION 4. That Section 34-1813, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 34-1813. COUNTING, CANVASSING AND RETURN OF VOTES. The votes on measures 11 and questions shall be counted, canvassed and returned by the regular boards 12 of judges, clerks and officers, as votes for candidates are counted, canvassed 13 and returned, and the abstract made by the several county auditors of votes on 14 measures shall be returned to the secretary of state on separate abstract 15 sheets in the manner provided for abstract of votes for state and county offi- 16 cers. It shall be the duty of the secretary of state, in the presence of the 17 governor, to proceed within thirty (30) days after the election, and sooner if 18 the returns be all received, to canvass the votes given for each measure, and 19 the governor shall forthwith issue his proclamation, giving the whole number 20 of votes cast in the state for and against such measure and question, and 21 declaring such measures as are approved by a majority of those voted thereon 22 to be in full force and effect as the law of the state of Idahofrom the date23of said proclamationon April 15 of the year following the election; provided, 24 that if two (2) or more measures shall be approved at said election which are 25 known to conflict with each other or to contain conflicting provisions he 26 shall also proclaim which is paramount in accordance with the provisions of 27 sections 34-1801--through 34-1822, Idaho Code.
STATEMENT OF PURPOSE RS18073 This legislation allows for a statement of fiscal impact of proposed voter initiatives on state revenue, local government, private property, and business. The statement of fiscal impact will be verified by the Department of Financial Management. The verified fiscal impact statement will allow voters to be fully informed on the cost or benefit of any initiative. It also establishes the effective date of initiatives as April 15th of the year following the election. FISCAL NOTE There will be the cost of analysis by Department of Financial Management to verify the cost or benefit of any initiative to state revenue, local government, private property, and business. The department's cost will depend on the scope of the initiative. Contact Name: Senator Monty Pearce Phone: 332-1325 Speaker Lawerence Denney Phone: 332-1111 Senator Mel Richardson Senator Michael Jorgenson Representative Pete Nielsen STATEMENT OF PURPOSE/FISCAL NOTE S 1484