Print Friendly SENATE BILL NO. 1117 – Emergency ordinance/effective/when
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
|||| 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
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.
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