2000 Legislation
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HOUSE BILL NO. 451 – Planning/zoning comm, members, term


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Daily Data Tracking History

H0451...................................................by LOCAL GOVERNMENT
PLANNING AND ZONING COMMISSIONS - Amends existing law to delete the
requirement that a person cannot serve more than two consecutive terms on a
planning and zoning commission.
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Loc Gov

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 451
                               BY LOCAL GOVERNMENT COMMITTEE
  1                                        AN ACT
  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:
  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 16    chapter,  it  shall  establish  by  ordinance adopted, amended, or repealed in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's area of impact. The ordinance establishing a commission to exercise the
 40    powers under this chapter  shall  set  forth  the  number  of  members  to  be
 41    appointed.  The  term  of  office for members shall be not less than three (3)
 42    years, nor more than six (6) years, and the length of term shall be prescribed
 43    by ordinance. No person shall serve more than two (2) full consecutive  terms.
  1    Vacancies  occurring  otherwise  than through the expiration of terms shall be
  2    filled in the same manner as the original appointment. Members may be  removed
  3    for cause by a majority vote of the governing board. Members shall be selected
  4    without  respect to political affiliation and may receive such mileage and per
  5    diem compensation as provided by the governing board.  If  a  governing  board
  6    exercises these powers, its members shall be entitled to no additional mileage
  7    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.
 31        SECTION  2.  This  act shall be in full force and effect on and after July
 32    1, 2000.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 09507 

The purpose of this legislation is to amend Idaho Code, Section 
67-6504, by deleting the requirement that a person cannot serve 
more than two consecutive terms as a Planning and Zoning Commission 
officer. This will provide commission officers with the opportunity 
to maintain their position and serve additional terms on the 
commission, alleviating recruitment problems arising in smaller 
counties and cities.

                          FISCAL IMPACT

There is no fiscal impact. 

Name: Representative Wendy Jaquet
Phone: (208) 332-1133 
Representative Tim Ridinger
(208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                      H 451