2001 Legislation
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HOUSE BILL NO. 162 – City ordinances, suppl code, filing

HOUSE BILL NO. 162

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Daily Data Tracking History



H0162...................................................by LOCAL GOVERNMENT
CITY ORDINANCES - Amends existing law to provide that at least one copy of
the supplemental code shall be filed for public use and examination prior
to adoption by the city council; and to provide that one copy of the
supplemental code shall be retained by the city and filed in the office of
the city clerk.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Loc Gov
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Jones, Kunz, Stone, Swan
    Floor Sponsor -- Trail
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Loc Gov
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Ipsen
    Title apvd - to House
03/20    To enrol
03/21    Rpt enrol - Sp signed
    Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 156
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 162
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CITY ORDINANCES; AMENDING SECTION 50-901, IDAHO CODE,  TO  PROVIDE
  3        THAT  AT LEAST ONE COPY OF THE SUPPLEMENTAL CODE SHALL BE FILED FOR PUBLIC
  4        USE AND EXAMINATION PRIOR TO ADOPTION BY THE CITY COUNCIL, TO PROVIDE THAT
  5        ONE COPY OF THE SUPPLEMENTAL CODE SHALL BE RETAINED BY THE CITY AND  FILED
  6        IN THE OFFICE OF THE CITY CLERK, TO MAKE TECHNICAL CORRECTIONS AND TO MAKE
  7        A GRAMMATICAL CORRECTION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  50-901, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        50-901.  ORDINANCES -- STYLE -- PUBLICATION -- WHEN EFFECTIVE -- IMMEDIATE
 12    OPERATION IN EMERGENCIES. The  style  of  all  ordinances  shall  be:  "Be  it
 13    ordained by the mayor and council of the city of ........." and all ordinances
 14    of a general nature, unless otherwise required by law, shall, before they take
 15    effect and within one (1) month after they are passed, be published in full or
 16    by  summary  as  provided  in section 50-901A, Idaho Code, in at least one (1)
 17    issue of the official newspaper of the city, or mailed as provided in  section
 18    60-109A,  Idaho  Code; provided, however, that in cases of riot, infections or
 19    contagious  disease,  or  other  impending  danger,  requiring  its  immediate
 20    enforcement, such ordinances shall take effect upon the  proclamation  of  the
 21    mayor  or  president of the council, posted in at least five (5) public places
 22    of the city; provided further, that nationally recognized codes such  as,  but
 23    not limited to, those establishing rules and regulations for the construction,
 24    alteration or repair of buildings, the installation of plumbing, the installa-
 25    tion  of  electric wiring, fire prevention, gas piping installations, sanitary
 26    regulations, health measures, and statutes of the state of Idaho such as,  but
 27    not  limited  to, those relating to the operation of motor vehicles, equipment
 28    of motor vehicles, traffic control devices, motor  vehicle  laws,  liquor  and
 29    beer  laws,  housing, construction, health and sanitation, may be adopted by a
 30    city council without including more than a particular reference to such  code,
 31    and  without  publication or posting thereof, if adoption of such code be made
 32    in a regularly adopted and published ordinance;  provided  further,  that  not
 33    less  than  three at least one (31) copies copy of the supplemental code, duly
 34    certified by the city clerk, shall have been filed for use and examination  by
 35    the public in the office of the clerk of the city prior to the adoption of the
 36    ordinance  by  the city council. Following its adoption by the city, three one
 37    (31) copies copy of the supplemental code shall be retained by the  city,  one
 38    (1) of which shall be filed in the office of the city clerk.

Statement of Purpose / Fiscal Impact



  STATEMENT OF PURPOSE
                                
                            RS 10655
 The legislation provides that cities need only keep one (1) copy
of uniform codes in the city clerk's office.  Cities adopting
uniform codes are presently required to purchase and have available
three copies of such codes.  

The current law imposes an undue financial hardship on the cities
in Idaho.  Codes such as the Uniform Building Code are very costly
to keep updated.  The law requiring the counties to retain three
copies of supplemental codes has been amended to require only one
copy some years ago (Idaho Code Section 31-715).  Therefore, it is
suggested that the same be changed for cities.  Ada county only
needs to purchase one copy of the Uniform Building Code; the City
of Bovill must buy three.
     FISCAL IMPACT
There will be no fiscal impact on the General Fund.  There will be
some savings, especially to small Idaho cities.
Contact
Name: Rep. Tom Trail 
Phone: 332-1202



STATEMENT OF PURPOSE/FISCAL NOTE                          H 16