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H0724......................................................by STATE AFFAIRS
LOCAL LAND USE PLANNING - TESTIMONY - Amends existing law relating to local
land use planning to strike an exception allowing members of governing
boards to testify or present evidence in public hearings or similar public
processes in which they have acknowledged nonparticipation in the matter
due to a conflict of interest.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Loc Gov
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 63-3-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Nielsen, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Bastian, Moyle, Smylie
Absent and excused -- Boe, Nonini, Sayler, Smith(24)
Floor Sponsor - Clark
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 22-10-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Corder, Fulcher, Geddes, Hill, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Stegner, Werk,
Williams
NAYS -- Cameron, Coiner, Compton, Darrington, Davis, Gannon, Goedde,
Jorgenson, Richardson, Schroeder
Absent and excused -- Marley, Stennett, Sweet
Floor Sponsor - Corder
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed
03/23 Pres signed - To Governor
03/24 Governor signed
Session Law Chapter 213
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 724
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6506, IDAHO CODE, TO
3 STRIKE AN EXCEPTION ALLOWING MEMBERS OF GOVERNING BOARDS TO TESTIFY OR
4 PRESENT EVIDENCE IN PUBLIC HEARINGS OR SIMILAR PUBLIC PROCESSES IN WHICH
5 THEY HAVE ACKNOWLEDGED NONPARTICIPATION IN THE MATTER DUE TO A CONFLICT OF
6 INTEREST.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-6506, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-6506. CONFLICT OF INTEREST PROHIBITED. A governing board creating a
11 planning, zoning, or planning and zoning commission, or joint commission shall
12 provide that the area and interests within its jurisdiction are broadly repre-
13 sented on the commission. A member or employee of a governing board, commis-
14 sion, or joint commission shall not participate in any proceeding or action
15 when the member or employee or his employer, business partner, business asso-
16 ciate, or any person related to him by affinity or consanguinity within the
17 second degree has an economic interest in the procedure or action. Any actual
18 or potential interest in any proceeding shall be disclosed at or before any
19 meeting at which the action is being heard or considered. For purposes of this
20 section the term "participation" means engaging in activities which constitute
21 deliberations pursuant to the open meeting act. No member of a governing board
22 or a planning and zoning commission with a conflict of interest shall partici-
23 pate in any aspect of the decision-making process concerning a matter involv-
24 ing the conflict of interest. A member with a conflict of interest shall not
25 be prohibited from testifying at, or presenting evidence to, a public hearing
26 or similar public process after acknowledging nonparticipation in the matter
27 due to a conflict of interest. A knowing violation of this section shall be a
28 misdemeanor.
STATEMENT OF PURPOSE
RS 16088
In 1999, the Idaho legislators made a specific amendment to the
Local Land Use Planning Act, allowing members of governing boards
to testify at planning and zoning commissioner hearings on
matters of interest to them, provided they acknowledged that due
to a conflict of interest they will not participate in the
board's decision regarding such matters. This amendment will
insure that planning and zoning commissioners would not be
allowed to testify on matters before the Board.
FISCAL NOTE
NONE
Contact
Name: Rep. Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 724