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H0766......................................................by STATE AFFAIRS
PLANNING/ZONING COMMISSION - Amends existing law to delete the requirement
that at least one-half of the members of the planning and zoning commission
must reside outside the boundaries of any city's area of impact in counties
with a population of 200,000 or more and to provide that a planning and
zoning member may serve no more than twelve consecutive years.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 41-27-2
AYES -- Bell, Bieter, Boe, Campbell, Chase, Clark, Crane, Crow, Deal,
Denney, Ellsworth, Field(20), Gagner, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kempton, Kendell,
Kjellander, Lake, Linford, Loertscher, Marley, Meyer, Miller,
Pomeroy, Reynolds, Robison, Stevenson, Stoicheff, Stone, Stubbs,
Trail, Watson, Mr Speaker
NAYS -- Alltus, Barraclough, Barrett, Bivens, Black(15), Black(23),
Bruneel, Callister, Cuddy, Geddes, Jones(9), Kellogg, Kunz, Mader,
McKague, Mortensen, Newcomb, Pischner, Richman, Ridinger, Sali,
Schaefer, Taylor, Tilman, Tippets, Wheeler, Wood
Absent and excused -- Field(13), Zimmermann
Floor Sponsor - Stevenson
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Loc Gov
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/20 3rd rdg - FAILED - 5-28-2
AYES--Dunklin, Hansen, Sorensen, Thorne, Twiggs
NAYS--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen,
Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Stennett, Sweeney, Wheeler, Whitworth
Absent and excused--Boatright, Ingram
Floor Sponsor - Ipsen
Returned to House - Filed with Chief Clerk
H0766|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 766 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE LOCAL PLANNING ACT; AMENDING SECTION 67-6504, IDAHO CODE, TO 3 DELETE THE REQUIREMENT THAT AT LEAST ONE-HALF OF THE MEMBERS OF THE PLAN- 4 NING AND ZONING COMMISSION MUST RESIDE OUTSIDE THE BOUNDARIES OF ANY 5 CITY'S AREA OF IMPACT IN COUNTIES WITH A POPULATION OF TWO HUNDRED THOU- 6 SAND OR MORE, TO PROVIDE THAT NO PERSON SHALL SERVE MORE THAN TWELVE CON- 7 SECUTIVE YEARS AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-6504, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP -- 12 ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council or 13 board of county commissioners, hereafter referred to as a governing board, may 14 exercise all of the powers required and authorized by this chapter in accor- 15 dance with this chapter. If a governing board does not elect to exercise the 16 powers conferred by this chapter, it shall establish by ordinance adopted, 17 amended, or repealed in accordance with the notice and hearing procedures pro- 18 vided in section 67-6509, Idaho Code, a planning commission and a zoning com- 19 mission or a planning and zoning commission acting in both capacities, which 20 may act with the full authority of the governing board, excluding the author- 21 ity to adopt ordinances. The powers of the board of county commissioners con- 22 ferred by this chapter shall apply to the unincorporated area of the county. 23 Legally authorized planning, zoning, or planning and zoning commissions exist- 24 ing prior to enactment of this chapter shall be considered to be duly consti- 25 tuted under this chapter unless changed in accordance with the notice and 26 hearing procedures provided in section 67-6509, Idaho Code. 27 (a) Membership -- Each commission shall consist of not less than three 28 (3) nor more than twelve (12) voting members, all appointed by a mayor or 29 chairman of the county board of commissioners and confirmed by majority vote 30 of the governing board. An appointed member of a commission must have resided 31 in the county for at least two (2) years prior to his appointment, and must 32 remain a resident of the county during his service on the commission. Not more 33 than one-third (1/3) of the members of any commission appointed by the chair- 34 man of the board of county commissioners may reside within an incorporated 35 city of fifteen hundred (1,500) or more population in the county. At least 36 one-half (1/2) of the members of any commission appointed by the chairman of 37 the board of county commissioners must reside outside the boundaries of any 38 city's area of impact , except for counties with a population of two hun- 39 dred thousand (200,000) or more where no such requirement shall exist . 40 The ordinance establishing a commission to exercise the powers under this 41 chapter shall set forth the number of members to be appointed. The term of 42 office for members shall be not less than three (3) years, nor more than six 43 (6) years, and the length of term shall be prescribed by ordinance. No person 2 1 shall serve more thantwotwelve ( 1 2) 2 full consecutivetermsyears . Vacancies occurring 3 otherwise than through the expiration of terms shall be filled in the same 4 manner as the original appointment. Members may be removed for cause by a 5 majority vote of the governing board. Members shall be selected without 6 respect to political affiliation and may receive such mileage and per diem 7 compensation as provided by the governing board. If a governing board exer- 8 cises these powers, its members shall be entitled to no additional mileage or 9 per diem compensation. 10 (b) Organization -- Each commission shall elect a chairman and create and 11 fill any other office that it may deem necessary. A commission may establish 12 subcommittees, advisory committees or neighborhood groups to advise and assist 13 in carrying out the responsibilities under this chapter. A commission may 14 appoint nonvoting ex officio advisors as may be deemed necessary. 15 (c) Rules, Records, and Meetings -- Written organization papers or16by-lawsbylaws consistent with this chapter and other laws 17 of the state for the transaction of business of the commission shall be 18 adopted. A record of meetings, hearings, resolutions, studies, findings, per- 19 mits, and actions taken shall be maintained. All meetings and records shall be 20 open to the public. At least one (1) regular meeting shall be held each month 21 for not less than nine (9) months in a year. A majority of voting members of 22 the commission shall constitute a quorum. 23 (d) Expenditures and Staff -- With approval of a governing board, the 24 commission may receive and expend funds, goods, and services from the federal 25 government or agencies and instrumentalities of state or local governments or 26 from civic and private sources and may contract with these entities and pro- 27 vide information and reports as necessary to secure aid. Expenditures by a 28 commission shall be within the amounts appropriated by a governing board. 29 Within such limits, any commission is authorized to hire employees and techni- 30 cal advisors, including , but not limited to , 31 planners, engineers, architects, and legal assistants.
STATEMENT OF PURPOSE
RS 08127 C1
This legislation amends Section 76-6504, Idaho Code, to delete
the requirement that at least (1/2) of the members of county
planning and zoning commissions must live outside of the
boundaries of any city's area of impact. This requirement
presents a hardship for Idaho counties where cities are
expanding rapidly and becoming more urban in nature.
The legislation also removes the term limits requirements from
the code. The current limitation of two terms barely allows
new planning and zoning commissioners to learn the
requirements of the appointed position before their service
expires.
Fiscal Impact
There will be no fiscal impact to the state or to the counties.
In fact, some savings may be realized by eliminating the
necessity to constantly train new P&Z members.
CONTACT: Rep. Bert Stevenson
208-332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 766