HB1259 - COUNTY PLANNING AND ZONING - Williams, Deleta
HB1259 PROVIDES FOR THE APPOINTMENT OF A PLANNING COMMISSION PRIOR TO THE ESTABLISHMENT OF COUNTY PLANNING AND ZONING.
Sponsor: Williams, Deleta (121) Effective Date: 00/00/00
CoSponsor:Smith, Philip (11) LR Number: 2393-01
Last Action: 04/15/96 - Delivered to Secretary of State
Approved HCS HB 1259
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
ACTIONS HEARINGS CALENDAR
BILL SUMMARIES BILL TEXT FISCAL NOTES
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Available Bill Summaries for HB1259
| Truly Agreed | Perfected | Committee | Introduced |

Available Bill Text for HB1259
| Truly Agreed | Perfected | Committee | Introduced |

Available Fiscal Notes for HB1259

BILL SUMMARIES

TRULY AGREED

HCS HB 1259 -- COUNTY PLANNING AND ZONING

In counties of the second, third, or fourth classification,
current law requires voter approval of county planning and
zoning prior to the creation of a county plan or the appointment
of a planning commission.  The appointed planning commission
then develops, adopts, and implements a program of county
planning and zoning.  As an alternative to this process, this
bill permits the county commission to appoint a temporary county
planning commission, which will create a proposal for a county
plan that must be approved by the voters of the county before
its implementation.

The temporary commission will have all powers current law grants
a county planning commission that will enable the temporary
commission to prepare a county plan.  The temporary commission
will hold at least one public meeting before adopting a plan.
Once a plan has been adopted by a majority of all commission
members, the plan will be voted on by the citizens of the
county.  The plan will be made available to the public at least
20 days prior to the election.

If the proposed plan is not approved by the voters, the county
commission may either retain or dissolve the temporary planning
commission.  If the plan is approved by the voters, then at the
next countywide election, a county planning commission will be
elected by the voters of the county to implement the plan.  This
elected commission will have all powers current law grants a
county planning commission.  The county plan will be effective
upon the election of the planning commission, and will apply to
unincorporated areas and to incorporated areas not under a city
plan.

Both the temporary and the elected county planning commission
will consist of one resident from each township of the
unincorporated areas of the county.  The county highway engineer
will also serve on each commission as an ex officio member.  The
members of the commission will receive no compensation but will
be reimbursed for actual and necessary expenses.  The members of
the elected commission will serve staggered four-year terms.

In addition, in counties that have adopted county planning and
zoning and appointed a county planning commission, this bill
allows the county commission to hold an election for the
membership of the county planning commission.

The bill mandates either the appointment of a temporary county
planning commission charged with adopting a county plan to be
approved by the county voters, or, in counties already having
adopted county planning and zoning, the election of a county
planning commission, upon the submission of a petition, signed
by 5% of the number of county voters who voted in the last
gubernatorial election, calling for either.

This bill allows Clay County to operate under second class
planning and zoning laws if the county adopted planning and
zoning before it became a first class county.  The bill also
establishes rules and regulations for the operation of such
planning and zoning.

This bill has an emergency clause.


PERFECTED

HCS HB 1259 -- COUNTY PLANNING AND ZONING (Williams (121))

In counties of the second, third, or fourth classification,
current law requires voter approval of county planning and
zoning prior to the creation of a county plan or the appointment
of a planning commission.  The appointed planning commission
then develops, adopts, and implements a program of county
planning and zoning.  As an alternative to this process, this
substitute permits the county commission to appoint a temporary
county planning commission, which will create a proposal for a
county plan that must be approved by the voters of the county
before its implementation.

The temporary commission will have all powers current law grants
a county planning commission that will enable the temporary
commission to prepare a county plan.  The temporary commission
will hold at least one public meeting before adopting a plan.
Once a plan has been adopted by a majority of all commission
members, the plan will be voted on by the citizens of the
county.  The plan will be made available to the public at least
20 days prior to the election.

If the proposed plan is not approved by the voters, the county
commission may either retain or dissolve the temporary planning
commission.  If the plan is approved by the voters, then at the
next countywide election, a county planning commission will be
elected by the voters of the county to implement the plan.  This
elected commission will have all powers current law grants a
county planning commission.  The county plan will be effective
upon the election of the planning commission, and will apply to
unincorporated areas and to incorporated areas not under a city
plan.

Both the temporary and the elected county planning commission
will consist of one resident from each township of the
unincorporated areas of the county.  The county highway engineer
will also serve on each commission as an ex officio member.  The
members of the commission will receive no compensation but will
be reimbursed for actual and necessary expenses.  The members of
the elected commission will serve staggered four-year terms.

In addition, in a county of the second or third classification
that has already adopted county planning and zoning and
appointed a county planning commission, this substitute allows
the county commission to hold an election for the membership of
the county planning commission.

The substitute mandates either the appointment of a temporary
county planning commission charged with adopting a county plan
to be approved by the county voters, or, in counties already
having adopted county planning and zoning, the election of a
county planning commission, upon the submission of a petition,
signed by 5% of the number of county voters who voted in the
last gubernatorial election, calling for either.

This substitute allows Clay County to operate under second class
planning and zoning laws if the county adopted planning and
zoning before it became a first class county.  The bill also
establishes rules and regulations for the operation of such
planning and zoning.

This substitute has an emergency clause.

FISCAL NOTE:  No impact on state funds.


COMMITTEE

HCS HB 1259 -- COUNTY PLANNING AND ZONING

SPONSOR:  Hoppe (Williams (121))

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 17 to 0.

In counties of the second, third, or fourth classification,
current law requires voter approval of county planning and
zoning prior to the creation of a county plan or the appointment
of a planning commission.  The appointed planning commission
then develops, adopts, and implements a program of county
planning and zoning.  As an alternative to this process, this
substitute permits the county commission to appoint a temporary
county planning commission, which will create a proposal for a
county plan that must be approved by the voters of the county
before its implementation.

The temporary commission will have all powers current law grants
a county planning commission that will enable the temporary
commission to prepare a county plan.  The temporary commission
will hold at least one public meeting before adopting a plan.
Once a plan has been adopted by a majority of all commission
members, the plan will be voted on by the citizens of the
county.  The plan will be made available to the public at least
20 days prior to the election.

If the proposed plan is not approved by the voters, the county
commission may either retain or dissolve the temporary planning
commission.  If the plan is approved by the voters, then at the
next countywide election, a county planning commission will be
elected by the voters of the county to implement the plan.  This
elected commission will have all powers current law grants a
county planning commission.  The county plan will be effective
upon the election of the planning commission, and will apply to
unincorporated areas and to incorporated areas not under a city
plan.

Both the temporary and the elected county planning commission
will consist of one resident from each township of the
unincorporated areas of the county.  The county highway engineer
will also serve on each commission as an ex officio member.  The
members of the commission will receive no compensation but will
be reimbursed for actual and necessary expenses.  The members of
the elected commission will serve staggered four-year terms.

In addition, in a county of the second or third classification
that has already adopted county planning and zoning and
appointed a county planning commission, this substitute allows
the county commission to hold an election for the membership of
the county planning commission.

Finally, this substitute mandates either the appointment of a
temporary county planning commission charged with adopting a
county plan to be approved by the county voters, or, in counties
already having adopted county planning and zoning, the election
of a county planning commission, upon the submission of a
petition, signed by 5% of the number of county voters who voted
in the last gubernatorial election, calling for either.

This substitute has an emergency clause.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that this bill gives counties an
alternative to current planning and zoning laws.  Allows for
future rapid growth, and would help protect property values.
This plan would not take effect unless the voters of a county
approved it.

Testifying for the bill were Representative Williams; Johnson
County Planning for the Future Committee, and the Presiding
Commissioner of Johnson County.

OPPONENTS:  There was no opposition voiced to the committee.

Steve Bauer, Research Analyst


INTRODUCED

HB 1259 -- County Planning and Zoning

Co-Sponsors:  Williams (121), Smith

In counties of the second and third classification, current law
requires voter approval of county planning and zoning prior to
the creation of a county plan or the appointment of a planning
commission.  The appointed planning commission then develops,
adopts, and implements a program of county planning and zoning.
As an alternative to this process, this bill permits the county
commission to appoint a temporary county planning commission,
which will create a proposal for a county plan that must be
approved by the voters of the county before its implementation.

The temporary commission will have all powers current law grants
a county planning commission that will enable the temporary
commission to prepare a county plan.  The temporary commission
will hold at least one public meeting before adopting a plan.
Once a plan has been adopted by a majority of all commission
members, the plan will be voted on by the citizens of the
county.  The plan will be made available to the public at least
20 days prior to the election.

If the proposed plan is not approved by the voters, the county
commission may either retain or dissolve the temporary planning
commission.  If the plan is approved by the voters, then at the
next countywide election, a county planning commission will be
elected by the voters of the county to implement the plan.  This
elected commission will have all powers current law grants a
county planning commission.  The county plan will be effective
upon the election of the planning commission, and will apply to
unincorporated areas and to incorporated areas not under a city
plan.

Both the temporary and the elected county planning commission
will consist of one resident from each township of the
unincorporated areas of the county.  The county highway engineer
will also serve on each commission as an ex officio member.  The
members of the commission will receive no compensation but will
be reimbursed for actual and necessary expenses.  The members of
the elected commission will serve staggered four-year terms.

In addition, in a county of the second or third classification
that has already adopted county planning and zoning and
appointed a county planning commission, this bill allows the
county commission to hold an election for the membership of the
county planning commission.

Finally, this bill mandates either the appointment of a
temporary county planning commission charged with adopting a
county plan to be approved by the county voters, or, in counties
already having adopted county planning and zoning, the election
of a county planning commission, upon the submission of a
petition, signed by 5% of the number of county voters who voted
in the last gubernatorial election, calling for either.

This bill has an emergency clause.


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