2003 Legislation
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HOUSE BILL NO. 151 – Planning/zoning comm, terms


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Daily Data Tracking History

H0151......................................................by LOCAL GOVERNMENT
PLANNING/ZONING COMMISSION - Amends existing law to provide that no person
shall serve more than two full consecutive terms on a planning and zoning
commission without specific concurrence by two-thirds of the governing board
adopted by motion and recorded in the minutes.
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Loc Gov
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 62-3-5
      AYES -- Andersen, Barraclough, Barrett, Bedke, Bieter, Black, Block,
      Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford,
      Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
      Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood
      NAYS -- Bauer, Kulczyk, Sali
      Absent and excused -- Bell, Bradford, Lake, Rydalch, Mr. Speaker
    Floor Sponsors - Jaquet & Ridinger
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Loc Gov
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burkett, Davis
    Floor Sponsors - Compton & Stennett
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/17    Governor signed
         Session Law Chapter 84
         Effective: 07/01/03

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 151
                               BY LOCAL GOVERNMENT COMMITTEE
  1                                        AN ACT
  6        RECTION.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 67-6504, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 11    ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city  council  or
 12    board of county commissioners, hereafter referred to as a governing board, may
 13    exercise  all  of the powers required and authorized by this chapter in accor-
 14    dance with this chapter. If a governing board chooses to exercise  the  powers
 15    required  and  authorized  by  this  chapter it need not follow the procedural
 16    requirements established hereby solely for planning and zoning commissions. If
 17    a governing board does not elect to exercise  the  powers  conferred  by  this
 18    chapter,  it  shall  establish  by  ordinance adopted, amended, or repealed in
 19    accordance with the notice and hearing procedures provided in section 67-6509,
 20    Idaho Code, a planning commission and a zoning commission or  a  planning  and
 21    zoning  commission  acting  in  both  capacities,  which may act with the full
 22    authority of the governing board, excluding the authority to adopt  ordinances
 23    or  to  finally  approve  land subdivisions. The powers of the board of county
 24    commissioners conferred by this chapter shall apply to the unincorporated area
 25    of the county. Legally authorized planning, zoning,  or  planning  and  zoning
 26    commissions existing prior to enactment of this chapter shall be considered to
 27    be  duly  constituted  under this chapter. Within this chapter use of the term
 28    "planning and zoning commission" shall include the term "planning commission,"
 29    "zoning commission" and "planning and zoning commission."
 30        (a)  Membership -- Each commission shall consist of not  less  than  three
 31    (3)  nor  more  than  twelve  (12) voting members, all appointed by a mayor or
 32    chairman of the county board of commissioners and confirmed by  majority  vote
 33    of  the governing board. An appointed member of a commission must have resided
 34    in the county for at least two (2) years prior to his  appointment,  and  must
 35    remain a resident of the county during his service on the commission. Not more
 36    than  one-third (1/3) of the members of any commission appointed by the chair-
 37    man of the board of county commissioners may  reside  within  an  incorporated
 38    city  of  fifteen  one thousand five hundred (1,500) or more population in the
 39    county. At least one-half (1/2) of the members of any commission appointed  by
 40    the  chairman  of  the  board  of county commissioners must reside outside the
 41    boundaries of any city's area of impact. The ordinance establishing a  commis-
 42    sion  to  exercise the powers under this chapter shall set forth the number of
 43    members to be appointed. The term of office for members shall be not less than
  1    three (3) years, nor more than six (6) years, and the length of term shall  be
  2    prescribed by ordinance. No person shall serve more than two (2) full consecu-
  3    tive  terms  without specific concurrence by two-thirds (2/3) of the governing
  4    board adopted by motion and  recorded  in  the  minutes.  Vacancies  occurring
  5    otherwise  than  through  the  expiration of terms shall be filled in the same
  6    manner as the original appointment. Members may be  removed  for  cause  by  a
  7    majority  vote  of  the  governing  board.  Members shall  be selected without
  8    respect to political affiliation and may receive such  mileage  and  per  diem
  9    compensation  as  provided  by the governing board. If a governing board exer-
 10    cises these powers, its members shall be entitled to no additional mileage  or
 11    per diem compensation.
 12        (b)  Organization -- Each commission shall elect a chairman and create and
 13    fill  any  other office that it may deem necessary. A commission may establish
 14    subcommittees, advisory committees or neighborhood groups to advise and assist
 15    in carrying out the responsibilities under  this  chapter.  A  commission  may
 16    appoint nonvoting ex officio advisors as may be deemed necessary.
 17        (c)  Rules, Records, and Meetings -- Written organization papers or bylaws
 18    consistent  with  this chapter and other laws of the state for the transaction
 19    of business of the commission shall be adopted. A record  of  meetings,  hear-
 20    ings,  resolutions,  studies,  findings,  permits,  and actions taken shall be
 21    maintained. All meetings and records shall be open to the public. At least one
 22    (1) regular meeting shall be held each month for not less than nine (9) months
 23    in a year. A majority of currently-appointed voting members of the  commission
 24    shall constitute a quorum.
 25        (d)  Expenditures  and Staff -- With approval of a governing board through
 26    the legally required budgetary process, the commission may receive and  expend
 27    funds, goods, and services from the federal government or agencies and instru-
 28    mentalities  of  state  or local governments or from civic and private sources
 29    and may contract with these entities and provide information  and  reports  as
 30    necessary  to  secure  aid.  Expenditures  by a commission shall be within the
 31    amounts appropriated by a governing board. Within such limits, any  commission
 32    is  authorized  to  hire  or  contract  with employees and technical advisors,
 33    including, but not limited to,  planners,  engineers,  architects,  and  legal
 34    assistants.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12737
This legislation amends existing code to extend the appointed
positions of planning and zoning commissioners beyond two terms
with the concurrence of two-thirds of the governing board (county
commissioners or the city council members).
                          FISCAL IMPACT
There will be no fiscal impact to the general fund. 

Name: Wendy Jaquet 

STATEMENT OF PURPOSE/FISCAL NOTE                     H 151