City/county governance, taxing districts
January 16, 2003
January 20, 2003
January 30, 2003
February 4, 2003
February 6, 2003
February 10, 2003
February 18, 2003
February 20, 2003
February 24, 2003
February 26, 2003
March 4, 2003
March 10, 2003
March 12, 2003
March 20, 2003
DATE: | January 16, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/EXCUSED: | |
GUESTS: | Daniel Chadwick, Executive Director, IAC; Maggie Mahoney, Policy Analyst, IAC; and Kerry Ellen Elliot, Policy Analyst, IAC |
The meeting was called to order by Chairman Barrett at 1:35 pm. Chairman Barrett welcomed the members to the committee and introduced the new members. She gave a few brief remarks in regards to the legislative process. She, personally, feels we make too many laws and stated it was her opinion the committee should look very closely at the constitution when considering enacting any new legislation. |
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Dan Chadwick, Executive Director of the Idaho Association of Counties, appeared before the committee to give an overview of the legislative priorities of the Association. Dan stated this was his 14th session with the Legislature. He introduced Maggie Mahoney, Policy Analyst with the IAC and Kerry Ellen Elliot, who is also a Policy Analyst, working on land use and environmental issues. She will appear before the committee at a later date to report on the status of TDR’s in Idaho. The legislative priority legislation and “wish list” for 2003 includes an The IAC supports legislation allowing counties, upon a vote of the people, They strongly support allowing local option taxation at the county level which They support legislation that allows Assessors 5% flexibility within the 5-year The IAC will propose legislation that moves the deadline for filing appeals They have discussed legislation that removes the 180-day Delayed IAC strongly supports clarification of the law that provides that wireless They support legislation that would authorize state and local governments As the Session goes on, there will undoubtedly be a need for other A policy position of the IAC is they oppose the creation of additional |
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ADJOURN: | There being no further business, the meeting was adjourned at 2:25 pm. |
DATE: | Monday, January 20, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
Rep Bieter |
GUESTS: | Ken Harward, Executive Director, Association of Idaho Cities; Kate Bell, AIC, Justin Ruen, AIC; Joe Hayes, Administrator, Local Highway Technical Assistance; and Nancy Merrill, Mayor of Eagle |
Chairman Barrett called the meeting to order at 1: 34 pm. | |
MINUTES | It was moved by Rep Eskridge that the minutes of January 16, 2003, be approved as written. There were no objections. |
Ken Harward, Executive Director of the Association of Idaho Cities, presented a brief overview of the functions of the Association for the benfit of the new committee members and presented the list of legislative issues the association is looking at this year. The Association provides education, training and technical assistance to the The AIC will seek legislation removing term limits on planning and zoning The Association is looking at legislation to update subdivision platting They are planning on drafting legislation that will allow Employer PERSI There is a statute on the books that calls for publication of notices and The AIC further is discussing legislation that will state a regulatory takings Nancy Merrill, Mayor of Eagle and Legislative Chair of the Association of |
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ADJOURN: | There being no further business, the meeting was adjourned at 2:07 pm. |
DATE: | January 30, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
Representatives Collins and Clark |
GUESTS: | Marcella Stewart, Robert Vasquez, Canyon County Commissioner, Bruce Ankeny, and Kathy Alder |
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Chairman Barrett called the meeting to order at 2:05 pm.
It was moved by Rep Miller that the minutes of January 20, 2003, be |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12662 | Rep Schaefer presented this proposed legislation which would provide that only qualified electors residing in the same district shall vote in any election for a county commissioner from that commissioner’s district. This would allow candidates to meet more people in their district by reducing the area they must cover. The cost of running an election campaign could be reduced greatly. Rep Schaefer was questioned about a recall election provision. When Rep Bradford stated he was a former county commissioner and felt in It was stated, and Rep Schaefer agreed, there should probably be an |
MOTION: | Rep Miller moved that RS 12662 be returned to the sponsor to be rewritten to contain the local option clause and be run by the Idaho Association of Counties for their input. |
AMENDED MOTION |
Rep Ringo made an amended motion that RS 12662 be returned to the sponsor to be rewritten to contain the appropriate local option language. |
VOTE | ON A VOICE VOTE, THE AMENDED MOTION CARRIED. |
Rep Schaefer will be gone for the next two weeks or so but stated he would make arrangements for someone else to present the revised RS. |
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ADJOURN: | There being no further business, the meeting was adjourned at 2:25 pm. |
DATE: | February 4, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | Mike Kane, Idaho Sheriff’s Association; Brian Orr, Bonner County Commissioner; Phil Jarvis, Bonner County Sheriff; Bob Howard, Bonner County Deputy Sheriff; Bruce Allcott, Idaho Fire Chief’s Association; Dia Gainor, Idaho EMS; Karl Malott, Professional Fire Fighters of Idaho |
The meeting was called to order by Chairman Barrett at 1:32 pm. | |
MINUTES | It was moved by Rep Ringo that the minutes of January 30, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
H 113 | Rep Campbell introduced this legislation that will clarify the responsible party in a search and rescue operation. A problem had occurred in Bonner County that brought to light the necessity for this clarification. He stated Mike Kane would further address the legislation. Mike Kane, representing the Idaho Sheriff’s Association, stated that when Phil Jarvis, Bonner County Sheriff, stated that once this group had |
MOTION | Rep Eldridge moved that H 113 be sent to the floor with a DO PASS RECOMMENDATION. Bruce Allcott, representing the Idaho Fire Chief’s Association, asked to It was pointed out that the specific example Mr Alcott cited where a conflict Rep Clark questioned whether this language should also be included in |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Campbell will sponsor this legislation. |
RS 12737 | Rep Jaquet presented this proposed legislation which would 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 city council members). |
MOTION | Rep Clark moved that RS 12737 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
ADJOURN | There being no further business the meeting was adjourned at 2:04 pm. |
DATE: | February 6, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
Rep Bradford |
GUESTS: | Mark Dunham, Idaho Realtors; Steve Ahrens, IACI; Mike Naccarato, Representative; Jim Hansen, UVI; Lori Dicaine, Idahoans for Fair Elections; and Tony Poinelli, IAC Chairman Barrett called the meeting to order at 1:55 pm |
MINUTES | It was moved by Representative Collins that the minutes of February 4, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12788 | Rep Clark presented this legislation which will clarify that expenditures of public funds cannot be used to support or oppose political candidates or ballot measures. The legislation would allow a governmental agency, when authorized by its enabling statute, to publicize an election with public money so long as both the pro and con sides of the measure were provided to the voters. He stated there is no hidden agenda in this bill, it merely will do what it says. He simply wants to clarify the law on what taxpayer dollars are being spent on. Rep Smylie asked about students at BSU who were allowed funds to Rep Eskridge asked the question about the Association of Idaho Cities and |
MOTION | It was moved by Rep Collins that RS 12788 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Smylie is recorded as voting no. |
RS 12703 | Rep Shepherd presented this legislation which would amend the Idaho Code to increase the maximum compensation for fire protection board commissioners. The legislation states that the commissioners may receive a reasonable compensation, not to exceed that provided by section 59-509, as set by the board to be paid out of the treasury of the district. The commissioners presently receive $35.00 per day and this has not changed since 1961. This legislation would set a limit of $75.00 per day, but does not mandate going to the full $75.00. That would be dependent upon each board. This legislation was proposed and us supported by the Federation of Fire District Commissioners. |
MOTION | It was moved by Rep Clark that RS 12703 be introduced for print.
Rep Ringo asked what the duties and functions of fire protection board Rep Clark asked who set the amount of pay for the commissioners. The |
MOTION | It was moved by Rep Ringo that RS 12703 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12703 | Rep Barrett did not vacate the chair at this point to introduce this legislation. She asked that RS 12703 be held until Monday, February 10, 2003 for hearing. There were people who had an interest in this legislation that were unable to attend today’s meeting. The committee agreed to this request. |
ADJOURN | There being no further business, the meeting was adjourned at 1:57 pm. |
DATE: | February 10, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | Kate Bell, AIC; Lacey Holmes, AIC; Justin Ruen, AIC; Karl Malott, PFFI; John Brewer; Robert Kunesh; Dennis Doan, PFFI; Ali Rutledge; Brittanie Stephenson, Idaho Statesman; Ray Stark, Boise Metro C of C; and Keven Burnett, Downtown Boise Association |
Chairman Barrett called the meeting to order at 1:30 pm | |
MINUTES | Representative Miller moved that the minutes of February 6, 2003, be approved with the following corrections: Representative Ringo is recorded as voting no on sending RS 12788 to print. Under testimony on RS 12788, remove the statement that taxpayer funds are used by city and county associations from Representative Eldridge’s question. They use only membership dues and fees. |
VOTE | ON A VOICE VOTE THE MINUTES WERE APPROVED AS CORRECTED. |
RS 12788 | Rep Barrett vacated the chair to Vice Chairman Gary Collins to present this legislation. She stated there was a serious flaw in the legislation and asked for a motion to return to sponsor. |
MOTION: | Rep Clark moved that RS 12788 be returned to sponsor. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12890C1 | Rod Beck presented this legislation which provides that poll watchers may challenge the receiving and counting of votes and may be present to watch any other process or handling required by the clerk. There is no problem at the receiving step of the process or in the final count, but the ballots go through a ballot preparation step and a ballot replication step prior to reaching the counting room. The law reads “receiving and counting” and, when strictly adhered to, no one has the ability to challenge during the handling process. This legislation is intended to correct that. |
MOTION | Rep Smylie moved that RS 12890C1 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12926 | Rep Shepherd presented this legislation which is to revise provisions in the Idaho Code relating to the election of fire protection district commissioners. The existing language for conversion to the election schedule set forth in the Idaho Code has been unworkable for some districts which were formed under prior law. This revision is intended to accommodate those districts. |
MOTION | Rep Clark moved that RS 12926 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12858 | Rep Bieter presented this legislation which is intended to provide full disclosure of the status of property to be sold or leased within a current Business Improvement District. Currently there is no provision to make a future tenant or owner aware that they are purchasing or leasing property within the district and thus they are unaware of the obligations that will be required of them by the current legislation. This legislation further provides that the seller or leaseholder of the property fully disclose the obligations to the buyer or leaseholder. |
MOTION | Rep Miller moved that RS 12858 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
RS 12650C1 | Rep Jaquet presented this legislation which will provide that nonprofit corporations have the ability to impose fines or penalties on members under certain conditions and to provide the maximum amount of the fine or penalty. Condominium associations have this ability, but homeowner associations do not. There are certain CCR’s (code, covenants and restrictions) that apply to homeowner associations, but they do not have any authority to impose a fine on anyone who does not live up to the restrictions. Rep Clark had some concerns about the language under general powers |
MOTION | Rep Ringo moved that RS 12650C1 be introduced for print. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
ADJOURN: | There being no further business, the meeting was adjourned at 2:04 pm. |
DATE: | February 18, 2003 |
TIME: | 1:30pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | Ken Harward, Association Idaho Cities; Bill Chisholm; Helen McCracken; Justin Ruen, AIC; Kate Bell, AIC; Don Munkers, Idaho Rural Water Association; Lynn Moser, Eagle Sewer District; JoAnn Butler, Attorney; Mark Estess, Ada County Association of Realtors; Ali Rutledge, Intern; Phuong Smith; Ed Smith; Dick Rush, IACI; Bill Batt, Attorney, IACI; Rich Carlson, Idaho Rural Council; Norm Semanko, Idaho Water Users; Judy Bartlett, Idaho Farm Bureau; Dan Chadwick, Idaho Association of Counties; Jon Barrett, Idaho Smart Growth; and Claudia Haynes |
Chairman Barrett called the meeting to order at 1:35 pm. | |
MINUTES | Rep Bradford moved that the minutes of the meeting of February 12, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
H 256 | Speaker Newcomb presented this legislation that will more clearly define “regulatory takings” and establish a consistent review process that better enables governments to evaluate whether proposed actions may result in a taking of private property without due process. This act is intended to ensure that a government catches potential mistakes. A takings analysis is only triggered after a written request is filed following a final action being taken by the governmental entity. |
H 257 | Speaker Newcomb presented this legislation which will amend the Local Land Use Planning Act to provide that various actions taken by local governments in planning and zoning actions may be subject to a regulatory takings analysis; to revise notice requirements so that landowners within a specified distance of a proposed action receive notice; provide that an interim ordinance or moratorium may be in effect for not more than one calendar year; provide procedures to sustain restrictions established by an interim ordinance or moratorium; and to provide that every final decision concerning a site specific land use request may be subject to a regulatory takings analysis pursuant to section 67-8003, Idaho Code. Speaker Newcomb suggested it would be easier to discuss both these bills During 2002, the speaker tried to get lawmakers to adopt a constitutional Rep Smylie asked for a definition of takings and further questioned whether Dan Chadwick, Executive Director, Idaho Association of Counties, In regards to the cottage industry, he felt this legislation is manageable. He Ken Harward, Executive Director, Association of Idaho Cities, stated his Bill Chisholm stated he is opposed to this legislation. It is geared to Helen McCracken, is opposed to this legislation. She finds these two bills The guests were asked to keep their testimony germane to the legislation JoAnn Butler, Attorney, was a member of the committee working on this The committee was concerned that a taking analysis in all actions would be In today’s society neighbors affected do have recourse. If a landowner is Phuong Smith, expressed her opposition to this legislation. She thinks this Ed Smith, opposes this legislation and feels it is an unveiled attempt to In response to the concerns expressed by Mrs McCracken and the Smiths, Dick Rush, IACI, stated his organization supported this legislation, and feels Bill Batt, Attorney, IACI, felt this is good legislation and supports it and Greg Garatea, Idaho Cattle Association, stated his organization supports Chris Carlson, stated he takes no position on this legislation. He wanted Norm Semanko, Idaho Water Users, stated his association was in favor of He feels sympathy for those people who expressed their concerns, but this Judy Bartlett, Idaho Farm Bureau, stated her organization supported this Jon Barrett, Idaho Smart Growth, thinks this legislation expands the He thinks this legislation is going above and beyond other states in their Claudia Haynes, testified that she and her husband bought a home Speaker Newcomb, in his closing remarks, stated he was offended by He feels compassion for those speaking at the meeting and the problems |
MOTION: | It was moved by Rep Collins that H 256 and H 257 be sent to the floor with a DO PASS recommendation. Rep Bieter stated he has clients on both sides of the issue and is not Rep Smylie stated he had an intern sit in on this hearing and felt it was a
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VOTE | ON A ROLL CALL VOTE THE MOTION CARRIED
7 AYE – Representatives Collins, Eskridge, Clark, 2 NAY – Representatives Bieter and Ringo Speaker Newcomb will sponsor these bills on the floor. |
S 1035 | Don Munkers, Idaho Rural Water Association, presented this legislation which would increase the maximum amount of compensation for water and sewer district board members to One hundred dollars ($100) per meeting. The current rate is Fifty Dollars ($50) and has not been raised since 1992. The board members have a variety of functions they must perform, which are The members are not reimbursed for automobile or per diem expenses. |
MOTION | It as moved by Rep Miller that S 1035 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Miller will sponsor this legislation. |
ADJOURN: | There being no further business, the meeting was adjourned at 3:50 pm. |
DATE: | February 20, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | Bruce Allcott, Idaho Fire Chiefs Association; Check Lempesis, Idaho Fire Commissioners Association; Karl Malott, Professional Fire Fighters of Idaho; Jeremy Elliott, Professional Fire Fighters of Idaho; and Dennis Doan, Professional Fire Fighters of Idaho |
Chairman Barrett called the meeting to order at 2:46 pm. | |
MINUTES | It was moved by Rep Bradford that the minutes of February 18, 2003 be approved with the following corrections: On Page 4, under Rep Bieter’s remarks include the statement that “This On Page 2, under Rep Smylie’s remarks, include the statement that “He |
VOTE | ON A VOICE VOTE THE MINUTES WERE APPROVED AS CORRECTED. |
H 232 | Rep Bieter requested unanimous consent that this bill be held until February 26, 2003. By agreement with the involved parties, an amendment needs to be prepared. Consent granted. |
H 195 | Rep Shepherd presented this legislation which will increase the maximum compensation for fire protection board commissioners. The legislation states that the commissioners may receive a reasonable compensation, not to exceed that provided by section 59-509 of the Idaho Code which is set at seventy-five and no/00 ($75.00) per day. The compensation will be paid out of the treasury of the district. This will bring the compensation of these fire protection board commissioners into line with other comparable entities. These people work mostly behind the scenes and their efforts are rarely recognized. |
MOTION: | Rep Clark moved that H 195 be sent to the floor with a DO PASS recommendation |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Representatives Shepherd and Naccarato will sponsor this legislation. |
H 233 | Rep Shepherd presented this legislation which will revise the provisions in the Idaho Code relating to the election of fire protection district commissioners. The existing language for conversion to the election schedule, as set forth in the Idaho Code, has been unworkable for some districts which were formed under prior law. This revision is intended to accommodate those districts. Rep Clark asked what a conversion schedule was. Bruce Allcott, Idaho Fire Chiefs, replied that it was a schedule designed |
MOTION | Rep Bradford moved that H 233 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Representatives Shepherd and Naccarato will sponsor this legislation. |
ADJOURN | Chairman Barrett explained that the purpose of the committee meeting on Monday, February 24, 2003, to be held in the Gold Room, was informational in content. She planned to have Mark Pollott on the agenda to explain the lawsuit and status thereof, in regards to annexation reform. There will be no testimony taken and no action taken on the annexation bill in committee. It was suggested that Chairman Barrett also have the attorney on the opposing side of the lawsuit in attendance in order that the committee may hear both sides of the issue. She will take care of this. There being no further business, the meeting was adjourned at 3:03 pm. |
DATE: | February 24, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | Kate Bell, AIC; Justin Ruen, AIC; Robert Kunesh; Robert F Johnson; Joan V Brown; Dale Rawson; Jeffrey D Gable; Charles Thomas; Randall C Miller; Richard E Crill; Margaret A Crill; Jim Kaloush; Steve Rutherford, Attorney, City of Boise; Pat Lewellyn; Laird Maxwell, Idahoans for Tax Reform; Kerry Ellen Elliott, IAC; D Barksdale; Cindy Ries, CAR; T Allen Hoover; Vern Alleman; CAR; Marilyn Sartin, Tax Professional; Clarence Costa; Vivian McCall; Wendell Bartlow; Bill Nichols, Attorney, City of Meridian; Fred Riggers; Larry Breach, CAR; Nancy Merrill, Mayor, City of Eagle, AIC; Teresa Sobotka, Attorney, City of Boise, AIC; and Richard Hannemann Chairman Barrett Called the meeting to order at 2:20 pm. She explained the |
MINUTES | Rep Miller moved that the minutes of February 20, 2003 be approved as written with the correction that the name of the guest Check Lempesis be corrected to read Chuck Lempesis. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED TO APPROVE THE MINUTES AS CORRECTED. |
MARK POLLOTT | Mark Pollott, Attorney, is the Attorney of Record for the lawsuit filed in December, 2002, against the State of Idaho; The Honorable Dirk Kempthorne, Governor, State of Idaho, DOES 1-400. The Defendant in this lawsuit is Citizens for Annexation Reform, a not-for-profit organization. Mr Pollott was previously with the Department of Justice, then in private At the time this lawsuit was filed there were no annexation proceedings The balance of Mr Pollott’s remarks are attached to these minutes as |
BILL NICHOLS | Bill Nichols, Attorney, stated he is the City Attorney for the City of Meridian, is a partner in the firm of White, Peterson in Nampa and their firm represents the cities of Meridian, Nampa, Homedale, Melba and Wilder. In the past they have also represented the cities of Caldwell and Greenleaf. While Mr Nichols practiced in Oregon, he represented three small cities in that state. He stated that he could not speak to the lawsuit specifically, since it being Mr Nichols’ remarks are attached to the minutes as “Attachment B”. He disagreed with Mr Pollot’s statement that lessees of property should have Mr Nichols did address some remarks to H 274, which is proposed He stated, in regards to the lawsuit, even if the judge ruled in favor of the Chairman Barrett did not accept questions from the audience, but thanked |
ADJOURN: | There being no further business, the meeting was adjourned at 3:50 pm. |
DATE: | February 26, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
Representative Clark |
GUESTS: | Ray Stark, Boise Metro Chamber of Commerce; Ken Harward, Executive
Director, AIC
Chairman Barrett called the meeting to order at 2:26 pm |
MINUTES | Rep Bradford moved that the minutes of February 24, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
S 1071 | Senator Bunderson presented this legislation which clarifies Idaho Code 50-1017 by adding language that specifies that the city council is responsible for ensuring that their city has an adequate and reasonable system of internal accounting controls. The legislation further updates current law to allow for electronic transfers of funds, that have been approved by the city council. This legislation was brought forth by the Association of Idaho Cities and he The questions was asked if he felt this bill would make the system work any Rep Eskridge felt making council members responsible to examine every Rep Bieter stated he feels that the current system does work, since it was Rep Smylie does not feel this bill is meant to be a punishment for city |
MOTION: | Rep Smylie moved that S 1071 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Eskridge will sponsor this legislation. |
H 276 | Rep Gagner presented this legislation which seeks to restrict the cities in Idaho, when dealing with Urban Renewal Districts, from making decisions outside of the city boundary in the county. This legislation will more clearly define the area of operation and adds language clarifying that a city’s area of operation will not include area within the unincorporated area of the county. A 1995 Attorney General’s opinion stated that only the board of county |
MOTION | Rep Collins moved that H 276 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Gagner will sponsor this legislation. |
H 232 | Rep Bieter presented this legislation which will require property owners to provide certain disclosures to prospective lessees or purchasers of property located within a business improvement district. It further will require property lessors or sellers to provide certain notification to the legislative authority in the event of lease or sale of property located within a business improvement district. Currently there is no provisions to make a future tenant or owner aware that they are purchasing or leasing property within the district and thus they are unaware of the obligations that will be required of them by the current legislation. This legislation will further require that the seller or leaseholder of the Rep Bieter presented an amendment to this legislation which was requested |
MOTION | Rep Bieter moved that the amendments to H 232 be approved. Seconded by Rep Miller. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
MOTION | Rep Miller moved that H 232 be reported back with amendments attached to be placed on general orders for consideration. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Bieter will sponsor this legislation. |
ADJOURN: |
DATE: | March 4, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
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GUESTS: | David Cuoio; Charles Thomas; Paula C Harris; Marlena Belnap; Stanley Server; Wendell Bartlow; Ronald Bauer; Lloyd Maxwell; Vern Alleman; Robert Kunesh; R E Crill; Margaret Crill; Howell Finian; Larry Break; John Brewer; Cindy Ries; Alex LaBeau, Idaho Association of Realtors; Steve Ahrens, IACI; Mark Butler, Eagle Chamber of Commerce; Allan Hoover; Ken Harward, AIC; Bill Nichols, Attorney, City of Meridian; Nancy Merrill, Mayor of Eagle; Norm Holm, Planning Director, City of Nampa; Kate Bell, AIC; Justin Ruen, AIC; Teresa Sobotka, Attorney, City of Boise; John Eaton, Building Contractors Association; Scott Erskine; Vivian McCall; Tammy deWeerd, Meridian City Council; Garret Nancolas, Mayor of Caldwell; Ray Stark, Boise Chamber of Commerce; Mark Pollot, Attorney Vice Chairman Collins called the meeting to order at 1:40 pm. |
MINUTES | Rep Eskridge moved that the minutes of February 26, 2003 be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
H 274 | Rep Barrett presented this legislation which would provide for both voluntary and involuntary annexation of properties by cities. This legislation also requires a vote for any involuntary annexation. Rep Barrett provided a brief history of annexation legislation which started Since that time residents of Boise felt they were dis-enfranchised by the City
Now, other areas are drawn into the conflict. Presently, Madison County Paula Harris of Rexburg testified in favor to this legislation. She is one of Rep Smylie asked how many people objected to the annexation and she Marlena Belnap, also a resident of Rexburg involved in a “forced Mrs Belnap was asked about the size of lots in the subdivision in question Charles Thomas spoke in favor of this legislation. He stated he purchased Wendell Bartlow spoke in favor of this legislation. He feels annexation is Bill Nichols, Attorney for the City of Meridian, spoke in opposition to this Nancy Merrill, Mayor of Eagle and legislative chair of the Association Vern Alleman, spoke in favor of this legislation. He stated this legislation Robert Kunesh, spoke in favor of this legislation. He stated the present He states Idaho is the only state in the union that abolishes property rights David Cuoio spoke in favor of this legislation. He feels this legislation will John Eaton, Idaho Building Contractors Association, spoke in opposition He further felt the two-thirds requirement of those wishing to be annexed was Mr Eaton cited some economic figures and stated his association was the Rep Bieter brought up the point that the proper time to argue against Margaret Crill spoke in favor of this legislation. She was in a situation Larry Break spoke in favor of this legislation. 37 years ago they bought their John Brewer, spoke in favor of this legislation. Mr Brewer has worked on Alex Labeau, Idaho Association of Realtors, spoke in opposition to this He questioned the fiscal note on the legislation. While there may be no Mark Butler, Eagle Chamber of Commerce and Land Use Planner, spoke Garret Nancolas, Mayor of Caldwell, spoke in opposition to this legislation. Steve Ahrens, IACI, spoke in opposition to this legislation. He stated many Scott Erskine, spoke in favor of this legislation. He stated a city uses sewer Mark Pollot, Attorney, spoke to the committee at their February 26, meeting In reference to the 90 day waiting period leaving one in limbo, currently it is Mr Pollot asked if he might submit a written response to objections raised Cindy Ries, stated she and the people supporting Citizens for Annexation She states the legislation on the books is not consensus legislation. They Rep Clark asked where in the bill it states “citizens will have”. Mrs Ries Rep Barrett closed the debate by stating this legislation will not destroy the Rep Smylie lives in the area that started this annexation process. He stated Rep Smylie stated he had four concerns with this legislation, the 3 month He asked Rep Barrett is she would be amenable to sending this legislation Rep Barrett stated she was merely the legislative sponsor of this bill and |
MOTION | Rep Miller moved that H 274 be HELD in committee. |
SUBSTITUTE
MOTION |
Rep Barrett made a substitute motion to send H 274 to the floor with a DO PASS RECOMMENDATION. Rep Eldridge stated he would not be voting for the substitute motion. He Rep Ringo stated she would be voting against the substitute motion. She |
MOTION | Rep Barrett made a motion to close the debate and called for the question on the substitute motion. Rep Clark pointed out that motion called for a two-thirds (2/3) vote of the |
VOTE | ON A VOICE VOTE THE MOTION TO END DEBATE AND VOTE ON THE SUBSTITUTE MOTION CARRIED. |
VOTE
SUBSTITUTE |
ON A ROLL CALL VOTE, THE SUBSTITUTE MOTION TO SEND H 274 TO THE FLOOR WITH A DO PASS RECOMMENDATION FAILED 3 AYE – Representatives Collins, Bradford and Barrett 6 NAY – Representatives Eskridge, Clark, Smylie, Miller, Bieter and Ringo |
VOTE | ON A ROLL CALL VOTE, THE MOTION TO HOLD H 274 IN COMMITTEE PASSED 6 AYE – Representatives Eskridge, Clark, Smylie, Miller, Bieter and Ringo 3 NAY – Representatives Collins, Bradford and Barrett |
ADJOURN | There being no further business, the meeting was adjourned at 4:10 pm. |
DATE: | March 10, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
Rep Eskridge |
GUESTS: | Alex LaBeau, Idaho Association of Realtors, Kerry Ellen Elliott, IAC;John Eaton, Building Contractors Association The meeting was called to order by Chairman Barrett at 2:37 pm. |
MINUTES | It was moved by Rep Smylie that the minutes of March 4, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED |
H 321 | Rep Jaquet presented this legislation which provides that those buying and selling transferable development rights have the discretion as to whether the right will be transferred permanently or only for a fixed period of time. This provision will be stated in a written contract that must be recorded with the county recorder. This agreement is entirely between the seller and buyer and is intended to Current legislation presumes the TDR is there in perpetuity and this Alex LaBeau, Idaho Association of Relators, supports this legislation. It Rep Bieter stated that we had been dealing with TDR legislation for the past John Eaton, Building Contractors Association, supports this legislation. |
MOTION: | Rep Clark moved that H321 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Jaquet will sponsor this legislation. |
ADJOURN: | There being no further business, the meeting adjourned at 2:50 pm. |
DATE: | March 12, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
|
GUESTS: | Don Munkers, Idaho Rural Water Association; Phil Hart, Remington Water District; Karl Malott, Professional Fire Fighters of Idaho Chairman Barrett called the meeting to order at 3:07 pm |
MINUTES | Rep Smylie moved that the minutes of March 10, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
H 339 | Rep Meyer presented this legislation that will clarify existing authority of water and sewer districts, by adding the statement that the appropriate board shall have the power to maintain access to facilities and works by the removal of snow from roads and lands. Rep Meyer asked Phil Hart to discuss the bill further. Phil Hart, Remington Water District in Athol, Idaho, stated his Don Munkers, Idaho Rural Water Association, stated his association |
MOTION | Rep Clark moved that H 339 be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
ADJOURN | There being no further business, the meeting was adjourned at 3:22 pm. |
DATE: | March 20, 2003 |
TIME: | 1:30 pm |
PLACE: | Room 408 |
MEMBERS: | Chairman Barrett, Vice Chairman Collins, Representatives Eskridge, Clark, Smylie, Bradford, Miller, Bieter, Ringo |
ABSENT/
EXCUSED: |
|
GUESTS: | Dan Chadwick, Executive Director, IAC; Maggie Mahoney, IAC
Chairman Barrett called the meeting to order at 2:40 pm. |
MINUTES | It was moved by Rep Collins that the minutes of March 12, 2003, be approved as written. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. |
S 1108 aa,aa | Sen Goedde presented this legislation that amends the prisoner reimbursement statute to provide that a representative of the county can initiate civil action to collect debt. It also extends the collection window from six months to one year. It adds a new code section allowing public debt collection fees to be added in addition to the amount owing and sets provisions for charging fees for collection. This legislation would allow the state and local government entities to collect debt that may not be currently collectable. Dan Chadwick, Executive Director, Idaho Association of Counties, Mr Chadwick explained that such debts may include ambulance service |
MOTION | Rep Clark moved that S 1108 aa,aa be sent to the floor with a DO PASS recommendation. |
VOTE | ON A VOICE VOTE THE MOTION CARRIED. Rep Smylie will sponsor this legislation. |
ADJOURN | There being no further business, the meeting was adjourned at 3:08 pm. |