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H0571...................................................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 without specific concurrence by two-thirds
of the governing board, adopted by motion and recorded in the minutes.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 40-19-11
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Cheirrett,
Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Hadley, Henbest,
Hornbeck, Jaquet, Judd, Kempton, Kendell, Lake, Linford, Mader,
Marley, Meyer, Montgomery, Mortensen, Moss, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sellman, Shepherd, Smylie,
Stoicheff, Stone, Zimmermann
NAYS -- Barrett, Campbell, Clark, Crow, Ellsworth, Geddes, Hammond,
Hansen(23), Kunz, Loertscher, McKague, Moyle, Pearce, Sali, Schaefer,
Taylor, Tilman, Wheeler, Wood
Absent and excused -- Alltus, Callister, Chase, Gould, Hansen(29),
Jones, Kellogg, Smith, Stevenson, Trail(Miller), Mr Speaker
Floor Sponsors - Jaquet, Ridinger
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
H0571
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 571
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO PLANNING AND ZONING COMMISSIONS; AMENDING SECTION 67-6504, IDAHO
3 CODE, TO PROVIDE THAT NO PERSON SHALL SERVE MORE THAN TWO FULL CONSECUTIVE
4 TERMS WITHOUT SPECIFIC CONCURRENCE BY TWO-THIRDS OF THE GOVERNING BOARD
5 ADOPTED BY MOTION AND RECORDED IN THE MINUTES AND TO MAKE A TECHNICAL COR-
6 RECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-6504, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP --
11 ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council or
12 board of county commissioners, hereafter referred to as a governing board, may
13 exercise all of the powers required and authorized by this chapter in accor-
14 dance with this chapter. If a governing board chooses to exercise the powers
15 required and authorized by this chapter it need not follow the procedural
16 requirements established hereby solely for planning and zoning commissions. If
17 a governing board does not elect to exercise the powers conferred by this
18 chapter, it shall establish by ordinance adopted, amended, or repealed in
19 accordance with the notice and hearing procedures provided in section 67-6509,
20 Idaho Code, a planning commission and a zoning commission or a planning and
21 zoning commission acting in both capacities, which may act with the full
22 authority of the governing board, excluding the authority to adopt ordinances
23 or to finally approve land subdivisions. The powers of the board of county
24 commissioners conferred by this chapter shall apply to the unincorporated area
25 of the county. Legally authorized planning, zoning, or planning and zoning
26 commissions existing prior to enactment of this chapter shall be considered to
27 be duly constituted under this chapter. Within this chapter use of the term
28 "planning and zoning commission" shall include the term "planning commission,"
29 "zoning commission" and "planning and zoning commission."
30 (a) Membership -- Each commission shall consist of not less than three
31 (3) nor more than twelve (12) voting members, all appointed by a mayor or
32 chairman of the county board of commissioners and confirmed by majority vote
33 of the governing board. An appointed member of a commission must have resided
34 in the county for at least two (2) years prior to his appointment, and must
35 remain a resident of the county during his service on the commission. Not more
36 than one-third (1/3) of the members of any commission appointed by the chair-
37 man of the board of county commissioners may reside within an incorporated
38 city of fifteen one thousand five hundred (1,500) or more population in the
39 county. At least one-half (1/2) of the members of any commission appointed by
40 the chairman of the board of county commissioners must reside outside the
41 boundaries of any city's area of impact. The ordinance establishing a commis-
42 sion to exercise the powers under this chapter shall set forth the number of
43 members to be appointed. The term of office for members shall be not less than
2
1 three (3) years, nor more than six (6) years, and the length of term shall be
2 prescribed by ordinance. No person shall serve more than two (2) full consecu-
3 tive terms without specific concurrence by two-thirds (2/3) of the governing
4 board adopted by motion and recorded in the minutes. Vacancies occurring
5 otherwise than through the expiration of terms shall be filled in the same
6 manner as the original appointment. Members may be removed for cause by a
7 majority vote of the governing board. Members shall be selected without
8 respect to political affiliation and may receive such mileage and per diem
9 compensation as provided by the governing board. If a governing board exer-
10 cises these powers, its members shall be entitled to no additional mileage or
11 per diem compensation.
12 (b) Organization -- Each commission shall elect a chairman and create and
13 fill any other office that it may deem necessary. A commission may establish
14 subcommittees, advisory committees or neighborhood groups to advise and assist
15 in carrying out the responsibilities under this chapter. A commission may
16 appoint nonvoting ex officio advisors as may be deemed necessary.
17 (c) Rules, Records, and Meetings -- Written organization papers or bylaws
18 consistent with this chapter and other laws of the state for the transaction
19 of business of the commission shall be adopted. A record of meetings, hear-
20 ings, resolutions, studies, findings, permits, and actions taken shall be
21 maintained. All meetings and records shall be open to the public. At least one
22 (1) regular meeting shall be held each month for not less than nine (9) months
23 in a year. A majority of currently-appointed voting members of the commission
24 shall constitute a quorum.
25 (d) Expenditures and Staff -- With approval of a governing board through
26 the legally required budgetary process, the commission may receive and expend
27 funds, goods, and services from the federal government or agencies and instru-
28 mentalities of state or local governments or from civic and private sources
29 and may contract with these entities and provide information and reports as
30 necessary to secure aid. Expenditures by a commission shall be within the
31 amounts appropriated by a governing board. Within such limits, any commission
32 is authorized to hire or contract with employees and technical advisors,
33 including, but not limited to, planners, engineers, architects, and legal
34 assistants.
STATEMENT OF PURPOSE
RS 09992
This legislation amends existing code to extend the appointed positions of
planning and zoning commissioners beyond two terms with the concurrence of
two-thirds of the governing board (county commissioners or the city council
members),
FISCAL IMPACT
There will be no fiscal impact.
CONTACT: Representative Wendy Jaquet
332-1000
Representative Tim Ridinger
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 571