2002 Legislation
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HOUSE BILL NO. 571 – Planning/zoning members, residence


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
  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 16    chapter, it shall establish by ordinance  adopted,  amended,  or  repealed  in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
  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 / Fiscal Impact

	               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.

Name:	Representative Bolz
Phone:	332-1226