2006 Legislation
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HOUSE BILL NO. 724 – Hearing/testify/conflict of interst

HOUSE BILL NO. 724

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                           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