House Turns Down Law On Optional Governments

The Idaho House decided Wednesday there is no need this year to adopt a law carrying out a constitutional amendment approved by voters in the general election.

That amendment authorizes optional forms of government for counties. But the House voted, 40-29, against a Senate-approved bill starting the changes, after opponents argued the amendment is unconstitutional.

Rep. Fred Tilman, R-Boise, acknowledged that an attorney general’s opinion said the measure is unconstitutional because it does not outline the forms of government that voters could consider and because it does not set up any process for carrying out necessary changes.

“I think that opinion has some very valid points, but there is an awful lot of discretion that could be used in reading it,” Tilman said.

“We need to put something on the books so that the clock is started,” he said.

The legislation called for elections on changing a county’s form of government if the county commissioners called for a vote or if 10,000 voters or 20 percent of those who had voted in the last election, whichever was least, signed petitions.

But voters wouldn’t be asked to decide the issue until the general election of 1996, and opponents said that shows there is no need to rush into anything this legislative session.

“This legislation is not what I would envision for optional forms,” said Rep. Tom Loertscher, R-Idaho Falls, former Bonneville County commissioner. “It is leaving the door wide open with much confusion.”

Rep. JoAn Wood, R-Rigby, said she doesn’t believe the vote on the constitutional amendment dictated that the Legislature has to do anything.

“I don’t think you have to do anything,” she said. “The system of local government we have now is working well.”