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H0571...................................................by LOCAL GOVERNMENT
PLANNING AND ZONING COMMISSIONS - Amends existing law relating to planning
and zoning commissions to clarify the geographical area within which
certain members must reside.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
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 CLARIFY THE GEOGRAPHICAL AREA WITHIN WHICH CERTAIN MEMBERS OF ANY
4 COMMISSION MUST RESIDE.
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:
8 67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP --
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16 chapter, it shall establish by ordinance adopted, amended, or repealed in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 and city's area of impact. The ordinance establishing a commission to
40 exercise the powers under this chapter shall set forth the number of members
41 to be appointed. The term of office for members shall be not less than three
42 (3) years, nor more than six (6) years, and the length of term shall be pre-
43 scribed by ordinance. No person shall serve more than two (2) full consecutive
2
1 terms. Vacancies occurring otherwise than through the expiration of terms
2 shall be filled in the same manner as the original appointment. Members may be
3 removed for cause by a majority vote of the governing board. Members shall be
4 selected without respect to political affiliation and may receive such mileage
5 and per diem compensation as provided by the governing board. If a governing
6 board exercises these powers, its members shall be entitled to no additional
7 mileage 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.
STATEMENT OF PURPOSE
RS 11844
The purpose of this legislation is to clarify that a majority of
the members on a County Planning and Zoning Commission must reside
outside any city and area of impact.
An opinion by the Attorney General’s Office last year brings into
question the interpretation of the intent of the change made to
the Land Use Planning Act in 1995. The interpretation indicated
that a court might allow for a majority of the members on the
commission to reside in the city and in the area of impact. This
interpretation would allow for a commission to consist of almost
entirely residents living within cities and their areas of impact,
with little representation in the more rural areas of the county.
FISCAL IMPACT
This legislation would have no fiscal impact on the general fund.
Contact
Name: Representative Bolz
Phone: 332-1226
STATEMENT OF PURPOSE/FISCAL NOTE H 571