1998 Legislation
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HOUSE BILL NO. 769 – Business improvemnt dist/assessmnt

HOUSE BILL NO. 769

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Daily Data Tracking History



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

Bill Text


H0769


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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 / Fiscal Impact


    





                               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