1998 Legislation
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HOUSE BILL NO. 766 – Planning/zoning comm, residence

HOUSE BILL NO. 766

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Daily Data Tracking History



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

Bill Text


H0766


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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 than  two   twelve  ( 1 2)
 2    full consecutive  terms   years  .  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 or 
16    by-laws   bylaws  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 / Fiscal Impact


    





                            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