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SENATE BILL NO. 1117

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S1117......................................................by STATE AFFAIRS
PLANNING AND ZONING - Amends existing law to provide that an emergency
ordinance or moratorium may be effective for 182 days; to provide for an
intervening period; to provide that restrictions established by an
emergency ordinance or moratorium may not be imposed for consecutive
periods; to provide that an interim or regular ordinance must be adopted to
sustain restrictions established by an emergency ordinance or moratorium;
and to provide that an interim ordinance or moratorium may not remain in
effect for more than one calendar year.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Loc Gov

Bill Text

S1117


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1117

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE LOCAL LAND USE PLANNING ACT; AMENDING SECTION  67-6523,  IDAHO
 3        CODE,  TO  PROVIDE THAT AN EMERGENCY ORDINANCE OR MORATORIUM MAY BE EFFEC-
 4        TIVE FOR ONE HUNDRED  EIGHTY-TWO  DAYS,  TO  PROVIDE  FOR  AN  INTERVENING
 5        PERIOD, TO PROVIDE THAT RESTRICTIONS ESTABLISHED BY AN EMERGENCY ORDINANCE
 6        OR  MORATORIUM  MAY  NOT BE IMPOSED FOR CONSECUTIVE PERIODS AND TO PROVIDE
 7        THAT AN INTERIM OR REGULAR ORDINANCE MUST BE ADOPTED TO  SUSTAIN  RESTRIC-
 8        TIONS  ESTABLISHED  BY  AN EMERGENCY ORDINANCE OR MORATORIUM; AND AMENDING
 9        SECTION 67-6524, IDAHO CODE, TO PROVIDE THAT AN INTERIM ORDINANCE OR MORA-
10        TORIUM MAY NOT REMAIN IN EFFECT FOR MORE THAN ONE CALENDAR YEAR.

11    Be It Enacted by the Legislature of the State of Idaho:

12        SECTION 1.  That Section 67-6523, Idaho Code, be, and the same  is  hereby
13    amended to read as follows:

14        67-6523.  EMERGENCY ORDINANCES AND MORATORIUMS. If a governing board finds
15    that an imminent peril to the public health, safety, or welfare requires adop-
16    tion  of  ordinances as required or authorized under this chapter, or adoption
17    of a moratorium upon the issuance of selected classes of permits, or both,  it
18    shall  state  in writing its reasons for that finding. The governing board may
19    then proceed without recommendation of  a  commission,  upon  any  abbreviated
20    notice  of  hearing that it finds practical, to adopt the ordinance or morato-
21    rium. An emergency ordinance or moratorium may be effective for  a  period  of
22    not  longer  than one hundred  and  twenty   eighty-two 
23    (1 8 2 0 ) days.  Restrictions  established  by  an
24    emergency  ordinance or moratorium may not be imposed for consecutive periods.
25    Further, an intervening period of not less  than  one  (1)  year  shall  exist
26    between  an  emergency  ordinance or moratorium and reinstatement of the same.
27    To sustain restrictions established by an emergency ordinance or  moratorium a
28    governing board must adopt an interim  or  regular  ordinance,  following  the
29    notice and hearing procedures provided in section 67-6509, Idaho Code. 

30        SECTION  2.  That  Section 67-6524, Idaho Code, be, and the same is hereby
31    amended to read as follows:

32        67-6524.  INTERIM ORDINANCES AND MORATORIUMS. If a governing  board  finds
33    that a plan, a plan component, or an amendment to a plan is being prepared for
34    its  jurisdiction,  it  may adopt interim ordinances as required or authorized
35    under this chapter, following the notice and hearing  procedures  provided  in
36    section  67-6509,  Idaho  Code.  The governing board may also adopt an interim
37    moratorium upon the issuance of selected classes of permits if, in addition to
38    the foregoing, the governing board finds and states in writing that  an  immi-
39    nent  peril  to the public health, safety, or welfare requires the adoption of
40    an interim moratorium. An interim ordinance or moratorium shall state a  defi-
41    nite period of time , not to exceed one (1) calendar year,  when it


 1    shall be in full force and effect.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                              RS08880

RECOMMENDED BY THE INTERIM COMMITTEE ON PRIVATE PROPERTY RIGHTS:

The Land Use Planning Act authorizes local governments to enact
emergency moratoriums not to exceed 120 days. this legislation
extends from 120 days to 180 days but with no consecutive
moratoriums on the same subject.

During the 180 day period an interim or permanent solution must be
found according to the public hearing requirements.





                            FISCAL NOTE

No substantial impact to the General Fund.







CONTACT: Senator Judi Danielson 332-1347
         Jim Kempton 332-1250
         Susan Mather 334-4858
         

                                        STATEMENT OF PURPOSE/ FISCAL NOTE
                                         Slll7