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H0769......................................................by STATE AFFAIRS
BUSINESS IMPROVEMENT DISTRICTS - Amends existing law to provide that cities
may levy a special assessment on all business property within a business
improvement district; and to provide that the initiating petition for a
business improvement district shall contain the signatures of the persons
who operate businesses or own business property in the proposed district
which would pay fifty percent of the proposed special assessments.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to Bus
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 64-2-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Clark,
Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(20), Gagner,
Geddes, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Schaefer, Stevenson, Stoicheff, Stone, Stubbs,
Taylor, Tilman, Tippets, Trail, Wheeler, Wood, Mr Speaker
NAYS -- Gould, Sali
Absent and excused -- Chase, Field(13), Watson, Zimmermann
Floor Sponsor - Stubbs
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Riggs
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/23 Governor signed
Session Law Chapter 253
Effective: 07/01/98
H0769|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 769 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BUSINESS IMPROVEMENT DISTRICTS; AMENDING SECTION 50-2601, IDAHO 3 CODE, TO PROVIDE THAT CITIES MAY LEVY SPECIAL ASSESSMENTS ON ALL BUSINESS 4 PROPERTY WITHIN A BUSINESS IMPROVEMENT DISTRICT; AND AMENDING SECTION 5 50-2603, IDAHO CODE, TO PROVIDE THAT THE INITIATING PETITION FOR A BUSI- 6 NESS IMPROVEMENT DISTRICT SHALL CONTAIN THE SIGNATURES OF THE PERSONS WHO 7 OPERATE BUSINESSES OR OWN BUSINESS PROPERTY IN THE PROPOSED DISTRICT WHICH 8 WOULD PAY FIFTY PERCENT OF THE PROPOSED SPECIAL ASSESSMENTS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 50-2601, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 50-2601. AUTHORIZATION -- PURPOSES -- SPECIAL ASSESSMENTS. The legisla- 13 ture hereby authorizes all incorporated cities: 14 (1) To establish business improvement districts, hereafter referred to as 15 district or districts, for the following purposes: 16 (a) The acquisition, construction or maintenance of parking facilities 17 for the benefit of the district; 18 (b) Physical improvement and decoration of any public space in the dis- 19 trict; 20 (c) Promotion of public events which are to take place on or in public 21 places in the district; 22 (d) The acquisition and operation of transportation services to promote 23 retail trade activities within the district; and 24 (e) The general promotion of retail trade activities in the district. 25 (2) To levy special assessments on all businesses or business prop- 26 erty within the district and specially benefited by a business 27 improvement district to pay the damages or costs incurred therein as provided 28 in this chapter. 29 SECTION 2. That Section 50-2603, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 50-2603. INITIATION PETITION -- CONTENTS. For the purpose of establishing 32 a business improvement district, an initiation petition may be presented to 33 the legislative authority having jurisdiction of the area in which the pro- 34 posed business improvement district is to be located. The initiation petition 35 shall contain the following: 36 (1) A description of the boundaries of the proposed district; 37 (2) The proposed uses and projects to which the proposed special assess- 38 ment revenues shall be put and the total estimated cost thereof; and 39 (3) The estimated rate of levy of special assessment with a proposed 40 breakdown by class of business if such classification is to be used. 41 The initiating petition shall also contain the signatures of the persons 2 1 who operate businesses or own business property in the proposed 2 district which would pay fifty percent (50%) of the proposed special assess- 3 ments.
STATEMENT OF PURPOSE
RS08077
This bill allows a Business Improvement District to assess charges against either business owners or against business
property, at its option, allowing it to use the best method of assessment for its area. Currently, some districts presently
interpret the section to allow assessments against business property, now. This change will clear up any ambiguity.
Fiscal Impact
None. Each district will be able to assess either property owners or business owners.
CONTACT:
Name:Elaine Steele, Executive Director, Historic Downtown Twin Falls
Telephone: (208) 733-3434
Rep. Mark Stubbs
332-1000
Statement of Purpose/Fiscal Impact
H 769