View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0724......................................................by STATE AFFAIRS LOCAL LAND USE PLANNING - TESTIMONY - Amends existing law relating to local land use planning to strike an exception allowing members of governing boards to testify or present evidence in public hearings or similar public processes in which they have acknowledged nonparticipation in the matter due to a conflict of interest. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Loc Gov 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 63-3-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, 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, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Bastian, Moyle, Smylie Absent and excused -- Boe, Nonini, Sayler, Smith(24) Floor Sponsor - Clark Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Loc Gov 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 22-10-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Corder, Fulcher, Geddes, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Stegner, Werk, Williams NAYS -- Cameron, Coiner, Compton, Darrington, Davis, Gannon, Goedde, Jorgenson, Richardson, Schroeder Absent and excused -- Marley, Stennett, Sweet Floor Sponsor - Corder Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed 03/23 Pres signed - To Governor 03/24 Governor signed Session Law Chapter 213 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 724 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6506, IDAHO CODE, TO 3 STRIKE AN EXCEPTION ALLOWING MEMBERS OF GOVERNING BOARDS TO TESTIFY OR 4 PRESENT EVIDENCE IN PUBLIC HEARINGS OR SIMILAR PUBLIC PROCESSES IN WHICH 5 THEY HAVE ACKNOWLEDGED NONPARTICIPATION IN THE MATTER DUE TO A CONFLICT OF 6 INTEREST. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-6506, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-6506. CONFLICT OF INTEREST PROHIBITED. A governing board creating a 11 planning, zoning, or planning and zoning commission, or joint commission shall 12 provide that the area and interests within its jurisdiction are broadly repre- 13 sented on the commission. A member or employee of a governing board, commis- 14 sion, or joint commission shall not participate in any proceeding or action 15 when the member or employee or his employer, business partner, business asso- 16 ciate, or any person related to him by affinity or consanguinity within the 17 second degree has an economic interest in the procedure or action. Any actual 18 or potential interest in any proceeding shall be disclosed at or before any 19 meeting at which the action is being heard or considered. For purposes of this 20 section the term "participation" means engaging in activities which constitute 21 deliberations pursuant to the open meeting act. No member of a governing board 22 or a planning and zoning commission with a conflict of interest shall partici- 23 pate in any aspect of the decision-making process concerning a matter involv- 24 ing the conflict of interest.A member with a conflict of interest shall not25be prohibited from testifying at, or presenting evidence to, a public hearing26or similar public process after acknowledging nonparticipation in the matter27due to a conflict of interest.A knowing violation of this section shall be a 28 misdemeanor.
STATEMENT OF PURPOSE RS 16088 In 1999, the Idaho legislators made a specific amendment to the Local Land Use Planning Act, allowing members of governing boards to testify at planning and zoning commissioner hearings on matters of interest to them, provided they acknowledged that due to a conflict of interest they will not participate in the board's decision regarding such matters. This amendment will insure that planning and zoning commissioners would not be allowed to testify on matters before the Board. FISCAL NOTE NONE Contact Name: Rep. Jim Clark Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 724