2000 Legislation
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HOUSE BILL NO. 581 – Urban renewal agcy, authority

HOUSE BILL NO. 581

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Daily Data Tracking History



H0581...............................................by REVENUE AND TAXATION
URBAN RENEWAL AGENCIES - Amends existing law to provide that the
administrative authority of both the local governing body and the urban
renewal agency does not extend beyond the municipal boundary of the
authorized municipality; to provide consequences if urban renewal plans and
revenue allocation financing provisions of an urban renewal area or revenue
allocation area extend outside the municipal boundary and a transfer of
powers ordinance has not been adopted by the cooperating county; to revise
notice requirements; and to provide for a copy of the transfer of powers
ordinance adopted by the cooperating county to be transmitted to various
taxing agencies.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Rev/Tax
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 63-3-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague,
      Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler,
      Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter, Kellogg, Marley
      Absent and excused -- Chase, Ellsworth, Montgomery, Taylor
    Floor Sponsor - Kempton
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Loc Gov
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Frasure
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 162
         Effective: 07/01/00

Bill Text


 H0581
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 581
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO URBAN RENEWAL; AMENDING SECTION 50-2906, IDAHO  CODE,  TO  PROVIDE
  3        THAT  THE  ADMINISTRATIVE  AUTHORITY  OF BOTH THE LOCAL GOVERNING BODY AND
  4        URBAN RENEWAL AGENCY DOES NOT EXTEND BEYOND THE MUNICIPAL BOUNDARY OF  THE
  5        AUTHORIZED  MUNICIPALITY,  TO  PROVIDE CONSEQUENCES OF URBAN RENEWAL PLANS
  6        AND REVENUE ALLOCATION FINANCING PROVISIONS IF AN URBAN  RENEWAL  AREA  OR
  7        REVENUE  ALLOCATION  AREA  EXTENDS  OUTSIDE  THE  MUNICIPAL BOUNDARY OF AN
  8        AUTHORIZED MUNICIPALITY AND A TRANSFER OF POWERS ORDINANCE  HAS  NOT  BEEN
  9        ADOPTED  BY  THE  COOPERATING COUNTY, TO REVISE NOTICE REQUIREMENTS AND TO
 10        MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 50-2907, IDAHO CODE,  TO
 11        PROVIDE  FOR  A  COPY  OF  THE TRANSFER OF POWERS ORDINANCE ADOPTED BY THE
 12        COOPERATING COUNTY TO BE TRANSMITTED TO VARIOUS TAXING AGENCIES.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 50-2906, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        50-2906.  PUBLIC  HEARING AND ORDINANCE REQUIRED. (1) To adopt a new urban
 17    renewal plan or create a competitively  disadvantaged  border  community  area
 18    containing  a revenue allocation financing provision, the local governing body
 19    of an authorized municipality must enact an ordinance in accordance with chap-
 20    ter 9, title 50, Idaho Code, and section 50-2008, Idaho  Code.  To  modify  an
 21    existing  urban renewal plan, to add or change a revenue allocation, an autho-
 22    rized municipality must enact an ordinance in accordance with chapter 9, title
 23    50,  Idaho  Code,  and  conduct  a  public  hearing  as  provided  in  section
 24    50-2008(c), Idaho Code. No urban renewal project, plan,  competitively  disad-
 25    vantaged  border community area or modification thereto, or revenue allocation
 26    financial provision shall be held ineffective for failure to comply  with  the
 27    requirements of this section if compliance with the section is substantial and
 28    in  good  faith  and administrative authority of both the local governing body
 29    and urban renewal agency does not extend beyond the municipal boundary of  the
 30    authorized  municipality. Urban renewal plans and revenue allocation financing
 31    provisions may be held ineffective if an urban renewal area or revenue alloca-
 32    tion area extends outside the municipal boundary of an authorized municipality
 33    and a transfer of powers ordinance has not been  adopted  by  the  cooperating
 34    county.
 35        (2)  A  revenue  allocation financing provision adopted in accordance with
 36    this chapter shall be effective retroactively to January  1  of  the  year  in
 37    which  the  local  governing  body  of the authorized municipality enacts such
 38    ordinance.
 39        (3)  The local governing body of an authorized municipality shall  prepare
 40    a  notice stating: (a) that an urban renewal plan or modification thereto or a
 41    competitively disadvantaged border community area has  been  proposed  and  is
 42    being considered for adoption, and that such plan or modification thereto con-
 43    tains  a revenue allocation financing provision that will cause property taxes
                                                                        
                                           2
                                                                        
  1    resulting from any increases in equalized assessed valuation in excess of  the
  2    equalized  assessed valuation as shown on the base assessment roll to be allo-
  3    cated to the agency for urban renewal and competitively  disadvantaged  border
  4    community area purposes; and (b) that an agreement on administration of a rev-
  5    enue allocation financing provision extending beyond the municipal boundary of
  6    the  authorized  municipality  has been negotiated with the cooperating county
  7    having extraterritorial power and that the agreement has been formalized by  a
  8    transfer  of  power  ordinance  adopted by that county; and (c) that  a public
  9    hearing on such plan or modification will be held by the local governing  body
 10    pursuant  to  section 50-2008(c), Idaho Code.  The notice shall also state the
 11    time, date, and place of the hearing.  At least thirty (30) days but not  more
 12    than sixty (60) days prior to the date set for final reading of the ordinance,
 13    the  local  governing  body shall publish the notice in a newspaper of general
 14    circulation and transmit the notice, together with a copy of the plan and rec-
 15    ommendation of the urban renewal agency or the municipality which by ordinance
 16    created the competitively disadvantaged border community area, to the  govern-
 17    ing  body of each taxing district which levies taxes upon any taxable property
 18    in the revenue allocation area and which would  be  affected  by  the  revenue
 19    allocation  financing  provision  of  the  urban  renewal  plan proposed to be
 20    approved by the local governing body.
                                                                        
 21        SECTION 2.  That Section 50-2907, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        50-2907.  TRANSMITTAL  OF  REVENUE  ALLOCATION  AREA DESCRIPTION AND OTHER
 24    DOCUMENTS TO TAXING AGENCIES. (1) After the effective  date  of  an  ordinance
 25    enacted  by  the local governing body of an authorized municipality, the clerk
 26    of the authorized municipality shall transmit, to the county auditor  and  tax
 27    assessor of the county in which the revenue allocation area is located, to the
 28    affected  taxing  districts,  and  to  the state tax commission, a copy of the
 29    ordinance enacted, a copy of the legal description of the  boundaries  of  the
 30    revenue  allocation  area,  and a map or plan indicating the boundaries of the
 31    revenue allocation area.
 32        (2)  For revenue allocation areas extending beyond the corporate municipal
 33    boundary of the authorized municipality, the copy of the ordinance enacted  by
 34    the  authorized  municipality  shall  include, as an attachment, a copy of the
 35    transfer of powers ordinance adopted by the cooperating county  under  section
 36    50-2906(3)(b), Idaho Code.
 37        (3)  Such  documents  shall be transmitted as promptly as practicable fol-
 38    lowing the enactment of such ordinance.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 09961 
     
     This proposed legislation relates to the formation of urban renewal areas, revenue
     allocation areas and revenue allocation financing provisions which extend beyond
     the corporate municipal boundaries of a city acting as an authorized municipality.
     It makes clear that: 1) a cooperating county must adopt a transfer of powers
     agreement, 2) that urban renewal plans and revenue allocation financing
     provisions may be held ineffective if there is no such transfer of powers
     agreement, and 3) that a copy of the transfer of powers agreement be submitted to
     the state tax commission as part of the legal description of the boundaries of a
     revenue allocation area. 
     
     
                    FISCAL IMPACT 
     
     The legislation is procedural in nature and does not impose a financial impact
     separate from administrative actions constitutionally necessary to establish an
     extraterritorial urban renewal area or extraterritorial revenue allocation area with
     associated revenue allocation financing provisions. 
     
     Contact 
     Name: Rep. Jim KEMPTON
     Phone: 208/332-1000 
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                             H 581