2008 Legislation
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SENATE BILL NO. 1484<br /> – Initiatives, requirements revised

SENATE BILL NO. 1484

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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 Idaho from the date
 23    of said proclamation on 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 / Fiscal Impact



                       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