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H0563aa.................................................by LOCAL GOVERNMENT
FIRE SUPPRESSION - Amends existing law to provide application of code or
ordinances which relate to the adequacy of a water supply for fire
suppression services to certain subdivisions.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Loc Gov
03/03 Rpt out - to Gen Ord
Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 46-20-4
AYES -- Alltus, Bell, Black, Bruneel, Callister, Campbell, Clark,
Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Gould,
Hammond, Hansen(23), Hornbeck, Judd, Kellogg, Kempton, Kunz, Lake,
Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Reynolds, Sali, Schaefer, Smith, Smylie,
Stevenson, Stoicheff, Taylor, Tilman, Wheeler, Wood, Zimmermann, Mr
Speaker
NAYS -- Bieter, Boe, Chase, Cheirrett, Geddes, Hadley, Hansen(29),
Henbest, Jaquet, Jones, Kendell, Marley, Pomeroy, Ridinger, Ringo,
Robison, Sellman, Shepherd, Stone, Trail
Absent and excused -- Barraclough, Barrett, Denney, Moss
Floor Sponsor - Hornbeck
Title apvd - to Senate
03/14 Senate intro - 1st rdg as amen - to Loc Gov
H0563
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 563, As Amended
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO AREAS OF CITY IMPACT; AMENDING SECTION 50-1306, IDAHO CODE, TO
3 PROVIDE APPLICATION OF CODES OR ORDINANCES WHICH RELATE TO THE ADEQUACY OF
4 A WATER SUPPLY FOR FIRE SUPPRESSION SERVICES TO CERTAIN SUBDIVISIONS; AND
5 DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 50-1306, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 50-1306. EXTRATERRITORIAL EFFECTS OF SUBDIVISION -- PROPERTY WITHIN THE
10 AREA OF CITY IMPACT -- RIGHTS OF CITY TO COMMENT. All plats situate within an
11 officially designated area of city impact as provided for in section 67-6526,
12 Idaho Code, shall be administered in accordance with the provisions set forth
13 in the adopted city or county zoning and subdivision ordinances having juris-
14 diction. Provided that any codes or ordinances, which in whole or in part,
15 specifically relate to the adequacy of a water supply for fire suppression
16 services which were adopted prior to February 12, 1997, and subsequent to an
17 original subdivision application filed prior to the enactment or adoption of
18 any such code or ordinance and also filed prior to February 12, 1997, shall
19 not prohibit approval of the subdivision application so filed for the reason
20 of inadequate water supply for fire suppression services where there exists no
21 adequate public water service to the property which is the subject of the
22 application. This is contingent upon the express condition that the applicant
23 shall install, as a condition of approval, all such water lines within and to
24 the boundaries of the subdivision which would provide for future extension of
25 public water service, and the applicant shall make such written assurances as
26 may be necessary to guarantee that the property shall be served by a public
27 water supply when available. In the situation where no area of city impact has
28 been officially adopted, the county with jurisdiction shall transmit all pro-
29 posed plats situate within one (1) mile outside the limits of any incorporated
30 city which has adopted a comprehensive plan or subdivision ordinance to said
31 city for review and comment at least fourteen (14) days before the first offi-
32 cial decision regarding the subdivision is to be made by the county. Items
33 which may be considered by the city include, but are not limited to, continu-
34 ity of street pattern, street widths, integrity and continuity of utility sys-
35 tems and drainage provisions. The city's subdivision ordinance and/or compre-
36 hensive plan shall be used as guidelines for making the comments hereby autho-
37 rized. The county shall consider all comments submitted by the city. Where the
38 one (1) mile area of impact perimeter of two (2) cities overlaps, both cities
39 shall be notified and allowed to submit comments.
40 SECTION 2. An emergency existing therefor, which emergency is hereby
41 declared to exist, this act shall be in full force and effect on and after its
42 passage and approval.
AH0563
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Hornbeck
Seconded by Callister
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 563
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 15 through 19 and insert:
3 "diction. Provided that any codes or ordinances, which in whole or in part,
4 specifically relate to the adequacy of a water supply for fire suppression
5 services which were adopted prior to February 12, 1997, and subsequent to an
6 original subdivision application filed prior to the enactment or adoption of
7 any such code or ordinance and also filed prior to February 12, 1997, shall
8 not prohibit approval of the subdivision application so filed for the reason
9 of inadequate water supply for fire suppression services where there exists no
10 adequate public water service to the property which is the subject of the
11 application. This is contingent upon the express condition that the applicant
12 shall install, as a condition of approval, all such water lines within and to
13 the boundaries of the subdivision which would provide for future extension of
14 public water service, and the applicant shall make such written assurances as
15 may be necessary to guarantee that the property shall be served by a public
16 water supply when available. In the situation where no".
17 CORRECTION TO TITLE
18 On page 1, delete lines 3 through 6 and insert: "PROVIDE APPLICATION OF
19 CODES OR ORDINANCES WHICH RELATE TO THE ADEQUACY OF A WATER SUPPLY FOR FIRE
20 SUPPRESSION SERVICES TO CERTAIN SUBDIVISIONS; AND DECLARING AN EMERGENCY.".
STATEMENT OF PURPOSE
RS 09877C1
The purpose of this legislation is to ameliorate conflicts where cities are requiring
infrastructure that, due to lack of public water or sewer, result in an extreme,
undue hardship on small property owners. This amounts to a "taking" of their
property rights and the denial of approvals received from the county which is the
appropriate government constitutionally responsible for the planning and control
of the subject property.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Aldred F Ames
Phone: (208) 334-1521
STATEMENT OF PURPOSE/FISCAL NOTE H 563