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H0601...................................................by LOCAL GOVERNMENT
LAND USE - APPLICATIONS - Repeals and adds to existing law regarding land
use planning to require that procedures for processing applications include
the option of mediation before and after a final decision.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 43-22-5
AYES -- Alltus, Bieter, Black, Boe, Bruneel, Callister, Chase, Crow,
Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Hadley,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kempton, Loertscher, Mader, Marley, Meyer, Mortensen, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer(Tiegs),
Sellman, Shepherd, Smylie, Stoicheff, Stone, Tilman, Trail
NAYS -- Barraclough, Barrett, Bell, Campbell, Cheirrett, Clark,
Ellsworth, Hammond, Kellogg, Kendell, Kunz, Lake, Linford, McKague,
Moss, Moyle, Pearce, Sali, Stevenson, Taylor, Wheeler, Zimmermann
Absent and excused -- Gould, Montgomery, Smith, Wood, Mr Speaker
Floor Sponsor - Jaquet
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Loc Gov
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 17-9-9
AYES--Andreason, Bunderson, Cameron, Danielson, Darrington, Deide,
Ipsen, Lee, McLaughlin, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler
NAYS--Boatright, Branch, Burtenshaw, Davis, Hawkins, Keough,
King-Barrutia, Riggs, Williams
Absent and excused--Crow, Dunklin, Frasure, Geddes, Ingram, Noh,
Parry, Richardson, Whitworth
Floor Sponsor - Stegner
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/04 Governor signed
Session Law Chapter 199
H0601
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 601
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO THE LOCAL LAND USE PLANNING ACT; REPEALING SECTION 67-6510, IDAHO
3 CODE; AND AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 67-6510, IDAHO CODE, TO REQUIRE THAT PROCEDURES FOR THE PROC-
5 ESSING OF APPLICATIONS INCLUDE THE OPTION OF MEDIATION BOTH BEFORE AND
6 AFTER A FINAL DECISION, TO PROVIDE FOR MANDATORY AND OPTIONAL PARTICIPA-
7 TION IN MEDIATION BY THE APPLICANT AND AFFECTED PERSONS, TO PROVIDE FOR
8 COMPENSATION OF THE MEDIATOR, TO PROVIDE FOR TOLLING OF TIME LIMITATIONS
9 DURING MEDIATION, TO PROVIDE WHEN TOLLING SHALL CEASE, TO PROVIDE FOR
10 MEDIATION PURSUANT TO STATUTORY PROVISIONS OR LOCAL ORDINANCES NOT IN CON-
11 FLICT THEREWITH AND TO PROVIDE THAT THE MEDIATION PROCESS SHALL NOT BE
12 PART OF THE OFFICIAL RECORD REGARDING THE APPLICATION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 67-6510, Idaho Code, be, and the same is hereby
15 repealed.
16 SECTION 2. That Chapter 65, Title 67, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 67-6510, Idaho Code, and to read as follows:
19 67-6510. MEDIATION -- TIME LIMITATIONS TOLLED. (1) The procedure estab-
20 lished for the processing of applications by this chapter or by local ordi-
21 nance shall include the option of mediation upon the written request of the
22 applicant, an affected person, the zoning or planning and zoning commission or
23 the governing board. Mediation may occur at any point during the decision-
24 making process or after a final decision has been made. If mediation occurs
25 after a final decision, any resolution of differences through mediation must
26 be the subject of another public hearing before the decision-making body.
27 (2) The applicant and any other affected persons objecting to the appli-
28 cation shall participate in at least one (1) mediation session if mediation is
29 requested by the commission or the governing board. The governing board shall
30 select and pay the expense of the mediator for the first meeting among the
31 interested parties. Compensation of the mediator shall be determined among the
32 parties at the outset of any mediation undertaking. An applicant may decline
33 to participate in mediation requested by an affected person, and an affected
34 person may decline to participate in mediation requested by the applicant,
35 except that the parties shall participate in at least one (1) mediation ses-
36 sion if directed to do so by the governing board.
37 (3) During mediation, any time limitation relevant to the application
38 shall be tolled. Such tolling shall cease when the applicant or any other
39 affected person, after having participated in at least one (1) mediation ses-
40 sion, states in writing that no further participation is desired and notifies
41 the other parties, or upon notice of a request to mediate wherein no mediation
42 session is scheduled for twenty-eight (28) days from the date of such request.
2
1 (4) The mediation process may be undertaken pursuant to the general limi-
2 tations established by this section or pursuant to local ordinance provisions
3 not in conflict herewith.
4 (5) The mediation process shall not be part of the official record
5 regarding the application.
STATEMENT OF PURPOSE
RS10013
This proposal allows greater flexibility for finding solutions on difficult land use
planning issues. Pre and post-decision mediation is voluntary for governing
boards caught between permit applicants and neighboring property owners.
FISCAL NOTE
No fiscal impact to the General Fund.
CONTACT: Representative Wendy Jaquet
332-1000
Alex LaBeau, Idaho Ass'n. of Realtors
342-3585
STATEMENT OF PURPOSE/FISCAL NOTE H 601