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H0194...................................................by LOCAL GOVERNMENT PLANNING AND ZONING COMMISSIONS - Amends existing law relating to planning and zoning commissions to clarify the geographical area within which certain members must reside. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Loc Gov 02/23 Rpt out - rec d/p - to 2nd rdg 02/26 2nd rdg - to 3rd rdg 02/27 Ret'd to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 194 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO PLANNING AND ZONING COMMISSIONS; AMENDING SECTION 67-6504, IDAHO 3 CODE, TO CLARIFY THE GEOGRAPHICAL AREA WITHIN WHICH CERTAIN MEMBERS OF ANY 4 COMMISSION MUST RESIDE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-6504, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP -- 9 ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council or 10 board of county commissioners, hereafter referred to as a governing board, may 11 exercise all of the powers required and authorized by this chapter in accor- 12 dance with this chapter. If a governing board chooses to exercise the powers 13 required and authorized by this chapter it need not follow the procedural 14 requirements established hereby solely for planning and zoning commissions. If 15 a governing board does not elect to exercise the powers conferred by this 16 chapter, it shall establish by ordinance adopted, amended, or repealed in 17 accordance with the notice and hearing procedures provided in section 67-6509, 18 Idaho Code, a planning commission and a zoning commission or a planning and 19 zoning commission acting in both capacities, which may act with the full 20 authority of the governing board, excluding the authority to adopt ordinances 21 or to finally approve land subdivisions. The powers of the board of county 22 commissioners conferred by this chapter shall apply to the unincorporated area 23 of the county. Legally authorized planning, zoning, or planning and zoning 24 commissions existing prior to enactment of this chapter shall be considered to 25 be duly constituted under this chapter. Within this chapter use of the term 26 "planning and zoning commission" shall include the term "planning commission," 27 "zoning commission" and "planning and zoning commission." 28 (a) Membership -- Each commission shall consist of not less than three 29 (3) nor more than twelve (12) voting members, all appointed by a mayor or 30 chairman of the county board of commissioners and confirmed by majority vote 31 of the governing board. An appointed member of a commission must have resided 32 in the county for at least two (2) years prior to his appointment, and must 33 remain a resident of the county during his service on the commission. Not more 34 than one-third (1/3) of the members of any commission appointed by the chair- 35 man of the board of county commissioners may reside within an incorporated 36 city of fifteen hundred (1,500) or more population in the county. At least 37 one-half (1/2) of the members of any commission appointed by the chairman of 38 the board of county commissioners must reside outside the boundaries of any 39 city or city's area of impact. The ordinance establishing a commission to 40 exercise the powers under this chapter shall set forth the number of members 41 to be appointed. The term of office for members shall be not less than three 42 (3) years, nor more than six (6) years, and the length of term shall be pre- 43 scribed by ordinance. No person shall serve more than two (2) full consecutive 2 1 terms. Vacancies occurring otherwise than through the expiration of terms 2 shall be filled in the same manner as the original appointment. Members may be 3 removed for cause by a majority vote of the governing board. Members shall be 4 selected without respect to political affiliation and may receive such mileage 5 and per diem compensation as provided by the governing board. If a governing 6 board exercises these powers, its members shall be entitled to no additional 7 mileage or per diem compensation. 8 (b) Organization -- Each commission shall elect a chairman and create and 9 fill any other office that it may deem necessary. A commission may establish 10 subcommittees, advisory committees or neighborhood groups to advise and assist 11 in carrying out the responsibilities under this chapter. A commission may 12 appoint nonvoting ex officio advisors as may be deemed necessary. 13 (c) Rules, Records, and Meetings -- Written organization papers or bylaws 14 consistent with this chapter and other laws of the state for the transaction 15 of business of the commission shall be adopted. A record of meetings, hear- 16 ings, resolutions, studies, findings, permits, and actions taken shall be 17 maintained. All meetings and records shall be open to the public. At least one 18 (1) regular meeting shall be held each month for not less than nine (9) months 19 in a year. A majority of currently-appointed voting members of the commission 20 shall constitute a quorum. 21 (d) Expenditures and Staff -- With approval of a governing board through 22 the legally required budgetary process, the commission may receive and expend 23 funds, goods, and services from the federal government or agencies and instru- 24 mentalities of state or local governments or from civic and private sources 25 and may contract with these entities and provide information and reports as 26 necessary to secure aid. Expenditures by a commission shall be within the 27 amounts appropriated by a governing board. Within such limits, any commission 28 is authorized to hire or contract with employees and technical advisors, 29 including, but not limited to, planners, engineers, architects, and legal 30 assistants.
STATEMENT OF PURPOSE RS 10800 The purpose of this legislation is to clarify tht a majority of members on a County Planning and Zoning Commission must live outside any city or city area of impact. A recent opinion by the Attorney General's Office brings into question whether the interpretation of the intent of the original language was to allow for a majority of members to be represented by citizens who do not reside outside these boundaries but may also reside within city limits. If interpreted this way, then a County Planning and Zoning Commission could consist almost entirely of residents living within cities and their areas of impact, with little representation from residents in the more rural parts of the county. FISCAL IMPACT There is no fiscal impact to the General Fund Contact Name: Rep Bolz Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 194