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SENATE BILL NO. 1120

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S1120......................................................by STATE AFFAIRS
PLANNING AND ZONING - Repeals and adds to existing law relating to the
Local Planning Act to provide for issuance of a provisional permit by a
city or county permitting authority upon the refusal of an ancillary agency
to accept, approve or endorse a permit; to provide for notice regarding
issuance of a provisional permit; to provide the authority of a provisional
permit; to provide that the permitting authority shall be immune from suit
upon issuance of the provisional permit; and to provide definitions.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Loc Gov

Bill Text

S1120


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1120

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE LOCAL LAND USE PLANNING ACT; REPEALING SECTION 67-6514,  IDAHO
 3        CODE;  AND AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A
 4        NEW SECTION 67-6514, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF A  PROVISIONAL
 5        PERMIT  BY  A  CITY  OR COUNTY PERMITTING AUTHORITY UPON THE REFUSAL OF AN
 6        ANCILLARY AGENCY TO ACCEPT, APPROVE OR ENDORSE A PERMIT,  TO  PROVIDE  FOR
 7        NOTICE  REGARDING ISSUANCE OF A PROVISIONAL PERMIT, TO PROVIDE THE AUTHOR-
 8        ITY OF A PROVISIONAL PERMIT, TO  PROVIDE  THAT  THE  PERMITTING  AUTHORITY
 9        SHALL  BE  IMMUNE FROM SUIT UPON ISSUANCE OF THE PROVISIONAL PERMIT AND TO
10        PROVIDE A DEFINITION.

11    Be It Enacted by the Legislature of the State of Idaho:

12        SECTION 1.  That Section 67-6514, Idaho Code, be, and the same  is  hereby
13    repealed.

14        SECTION  2.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
15    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
16    known and designated as Section 67-6514, Idaho Code, and to read as follows:

17        67-6514.  PROVISIONAL  PERMIT. (1) If an application for a permit required
18    or authorized pursuant to this chapter requires the  acceptance,  approval  or
19    endorsement  of an ancillary agency and the permit would otherwise be approved
20    by the city or county permitting authority  except  for  the  refusal  of  the
21    ancillary agency to accept, approve or endorse the application, the permitting
22    authority may issue a provisional permit to the applicant.  Prior to the issu-
23    ance of a provisional permit, the permitting authority shall notify the ancil-
24    lary  agency  in  writing that the only matters remaining in dispute as to the
25    application are between the applicant and the ancillary  agency  and  that  if
26    such  matters are not resolved within twenty-eight (28) days after the date of
27    the written notice, the provisional permit shall  issue  with  notice  to  the
28    applicant that approval has not been forthcoming from the ancillary agency.  A
29    provisional  permit  shall  authorize  construction,  development  or  provide
30    approval  subject to an enforcement action by the ancillary agency for noncom-
31    pliance with ordinance or code provisions enforced thereby.  If the permitting
32    authority issues a provisional permit, it shall be immune  from  suit  by  the
33    applicant,  the  ancillary agency and any other person with respect to matters
34    remaining in dispute between the applicant and the ancillary agency.
35        (2)  For purposes of  this  section,  "ancillary  agency"  means  a  city,
36    county,  municipal  corporation,  school  district,  highway  district, public
37    health district, fire protection district,  irrigation  district,  other  dis-
38    trict,  political  subdivision,  or any agency thereof, and any state officer,
39    board, commission, agency, department, division or bureau.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS08875

           INTERIM COMMITTEE ON PRIVATE PROPERTY RIGHTS

The Committee recommends allowing the general-purpose local
government to issue a provisional permit, recognizing that
differences remain to be resolved between the ancillary agency
and the permit applicant. The issuance of the provisional
permit would be preceded by notice to the ancillary agency and
the applicant that if the dispute between the applicant and the
ancillary agency was not resolved within a stated period of
time, the permit would issue provisionally. Upon issuance of
the provisional permit, the general-purpose government would be
immune from suit by the applicant or the ancillary agency and
any other party with respect to matters remaining in dispute.
Ancillary agency should be broadly defined to include any
public entity whose acceptance, approval or endorsement is
necessary for a permit to issue.






                           FISCAL NOTE


No Fiscal Impact to the General Fund.







CONTACT:  Senator Judi Danielson 332-1347
         Jim Kempton 332-1250
         Susan Mather 334-4858
         


STATEMENT OF PURPOSE/ FISCAL NOTE     S1120