View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
S1505aa...................................................by TRANSPORTATION
URBAN RENEWAL - Amends existing law to include counties as authorized
municipalities for purposes of creating an urban renewal area or
competitively disadvantaged border community area; to provide that a
revenue allocation provision included in an urban renewal plan or
competitively disadvantaged border community area ordinance shall not
extend for more than twenty-four years; and to provide for extensions in
certain circumstances.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Loc Gov
03/02 Rpt out - to 14th Ord
03/03 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Whitworth, Williams
NAYS--None
Absent and excused--Crow, Darrington, Geddes, Sandy, Wheeler
Floor Sponsor - Frasure
Title apvd - to House
03/15 House intro - 1st rdg as amen - to Rev/Tax
03/24 Rpt out - rec d/p - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 58-2-10
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe,
Bruneel, Campbell, Chase, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
NAYS -- Bieter, Callister
Absent and excused -- Cheirrett, Clark, Crow, Geddes, Gould, Moss,
Schaefer, Smith, Wheeler, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 275
Effective: 07/01/00
S1505
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1505, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL AGENCIES; AMENDING SECTION 50-2903, IDAHO CODE, TO
3 REDEFINE "AUTHORIZED MUNICIPALITY" TO INCLUDE A COUNTY, TO REDEFINE
4 "COMPETITIVELY DISADVANTAGED BORDER COMMUNITY AREA" TO INCLUDE LAND SOLELY
5 WITHIN A COUNTY, TO REDEFINE "CLERK" TO INCLUDE A COUNTY CLERK, TO REDE-
6 FINE "LOCAL GOVERNING BODY" TO INCLUDE A BOARD OF COUNTY COMMISSIONERS AND
7 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-2904, IDAHO CODE, TO
8 PROVIDE THAT NO REVENUE ALLOCATION PROVISION OF AN ORDINANCE ESTABLISHING
9 AN URBAN RENEWAL PLAN OR COMPETITIVELY DISADVANTAGED BORDER COMMUNITY AREA
10 SHALL HAVE A DURATION EXCEEDING TWENTY-FOUR YEARS FROM THE DATE THE ORDI-
11 NANCE IS APPROVED BY THE MUNICIPALITY AND TO PROVIDE FOR EXTENSION OF THE
12 DURATION IN CERTAIN CIRCUMSTANCES; AND AMENDING SECTION 50-2906, IDAHO
13 CODE, TO PROVIDE THAT SUCH NOTICE SHALL INCLUDE A PROPOSAL TO CREATE A
14 COMPETITIVELY DISADVANTAGED COMMUNITY AREA.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 50-2903, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 50-2903. DEFINITIONS. The following terms used in this chapter shall have
19 the following meanings, unless the context otherwise requires:
20 (1) "Act" or "this act" means this revenue allocation act.
21 (2) "Agency" or "urban renewal agency" means a public body created pursu-
22 ant to section 50-2006, Idaho Code.
23 (3) "Authorized municipality" or "municipality" means any county or
24 incorporated city which has established an urban renewal agency, or by ordi-
25 nance has identified and created a competitively disadvantaged border commu-
26 nity.
27 (4) "Base assessment roll" means the equalized assessment rolls, for all
28 classes of taxable property, on January 1 of the year in which the local gov-
29 erning body of an authorized municipality passes an ordinance adopting or mod-
30 ifying an urban renewal plan containing a revenue allocation financing provi-
31 sion, except that the base assessment roll shall be adjusted as follows: the
32 equalized assessment valuation of the taxable property in a revenue allocation
33 area as shown upon the base assessment roll shall be reduced by the amount by
34 which the equalized assessed valuation as shown on the base assessment roll
35 exceeds the current equalized assessed valuation of any taxable property
36 located in the revenue allocation area, and by the equalized assessed valua-
37 tion of taxable property in such revenue allocation area that becomes exempt
38 from taxation subsequent to the date of the base assessment roll. The equal-
39 ized assessed valuation of the taxable property in a revenue allocation area
40 as shown on the base assessment roll shall be increased by the equalized
41 assessed valuation, as of the date of the base assessment roll, of taxable
42 property in such revenue allocation area that becomes taxable after the date
43 of the base assessment roll.
2
1 (5) "Clerk" means the city clerk of the municipality.
2 (6) "Competitively disadvantaged border community area" means a parcel of
3 land consisting of at least forty (40) acres which is situated within the
4 boundaries jurisdiction of a county or an incorporated city and within twenty-
5 five (25) miles of a state or international border, which the governing body
6 of such county or incorporated city has determined by ordinance is disadvan-
7 taged in its ability to attract business, private investment, or commercial
8 development, as a result of a competitive advantage in the adjacent state or
9 nation resulting from inequities or disparities in comparative sales taxes,
10 income taxes, property taxes, population or unique geographic features.
11 (7) "Deteriorated area" means:
12 (a) Any area, including slum area, in which there is a predominance of
13 buildings or improvements, whether residential or nonresidential, which by
14 reason of dilapidation, deterioration, age or obsolescence, inadequate
15 provision for ventilation, light, air, sanitation, or open spaces, high
16 density of population and overcrowding, or the existence of conditions
17 which endanger life or property by fire and other causes, or any combina-
18 tion of such factors, is conducive to ill health, transmission of disease,
19 infant mortality, juvenile delinquency, or crime, and is detrimental to
20 the public health, safety, morals or welfare.
21 (b) Any area which by reason of the presence of a substantial number of
22 deteriorated or deteriorating structures, predominance of defective or
23 inadequate street layout, faulty lot layout in relation to size, adequacy,
24 accessibility or usefulness, insanitary or unsafe conditions, deteriora-
25 tion of site or other improvements, diversity of ownership, tax or special
26 assessment delinquency exceeding the fair value of the land, defective or
27 unusual conditions of title, or the existence of conditions which endanger
28 life or property by fire and other causes, or any combination of such fac-
29 tors, results in economic underdevelopment of the area, substantially
30 impairs or arrests the sound growth of a municipality, retards the provi-
31 sion of housing accommodations or constitutes an economic or social lia-
32 bility and is a menace to the public health, safety, morals or welfare in
33 its present condition and use.
34 (c) Any area which is predominately open and which because of obsolete
35 platting, diversity of ownership, deterioration of structures or improve-
36 ments, or otherwise, results in economic underdevelopment of the area or
37 substantially impairs or arrests the sound growth of a municipality. The
38 provisions of section 50-2008(d), Idaho Code, shall apply to open areas.
39 (d) Any area which the local governing body certifies is in need of rede-
40 velopment or rehabilitation as a result of a flood, storm, earthquake, or
41 other natural disaster or catastrophe respecting which the governor of the
42 state has certified the need for disaster assistance under any federal
43 law.
44 (e) Any area which by reason of its proximity to the border of an adja-
45 cent state is competitively disadvantaged in its ability to attract pri-
46 vate investment, business or commercial development which would promote
47 the purposes of this chapter.
48 (8) "Facilities" means land, rights in land, buildings, structures,
49 machinery, landscaping, extension of utility services, approaches, roadways
50 and parking, handling and storage areas, and similar auxiliary and related
51 facilities.
52 (9) "Local governing body" means the city council or board of county com-
53 missioners of a municipality.
54 (10) "Plan" or "urban renewal plan" means a plan, as it exists or may from
55 time to time be amended, prepared and approved pursuant to section 50-2008,
3
1 Idaho Code, and any method or methods of financing such plan, which methods
2 may include revenue allocation financing provisions.
3 (11) "Project" or "urban renewal project" or "competitively disadvantaged
4 border areas" may include undertakings and activities of a municipality in an
5 urban renewal area for the elimination of deteriorated or deteriorating areas
6 and for the prevention of the development or spread of slums and blight, and
7 may involve slum clearance and redevelopment in an urban renewal area, or
8 rehabilitation or conservation in an urban renewal area, or any combination or
9 part thereof in accordance with an urban renewal plan. Such undertakings and
10 activities may include:
11 (a) Acquisition of a deteriorated area or a deteriorating area or portion
12 thereof;
13 (b) Demolition and removal of buildings and improvement;
14 (c) Installation, construction, or reconstruction of streets, utilities,
15 parks, playgrounds, open space, off-street parking facilities, public
16 facilities, public recreation and entertainment facilities or buildings
17 and other improvements necessary for carrying out, in the urban renewal
18 area or competitively disadvantaged border community area, the urban
19 renewal objectives of this act in accordance with the urban renewal plan
20 or the competitively disadvantaged border community area ordinance.
21 (d) Disposition of any property acquired in the urban renewal area or the
22 competitively disadvantaged border community area (including sale, initial
23 leasing or retention by the agency itself) or the municipality creating
24 the competitively disadvantaged border community area at its fair value
25 for uses in accordance with the urban renewal plan except for disposition
26 of property to another public body;
27 (e) Carrying out plans for a program of voluntary or compulsory repair
28 and rehabilitation of buildings or other improvements in accordance with
29 the urban renewal plan;
30 (f) Acquisition of real property in the urban renewal area or the compet-
31 itively disadvantaged border community area which, under the urban renewal
32 plan, is to be repaired or rehabilitated for dwelling use or related
33 facilities, repair or rehabilitation of the structures for guidance pur-
34 poses, and resale of the property;
35 (g) Acquisition of any other real property in the urban renewal area or
36 competitively disadvantaged border community area where necessary to elim-
37 inate unhealthful, insanitary or unsafe conditions, lessen density, elimi-
38 nate obsolete or other uses detrimental to the public welfare, or other-
39 wise to remove or to prevent the spread of blight or deterioration, or to
40 provide land for needed public facilities or where necessary to accomplish
41 the purposes for which a competitively disadvantaged border community area
42 was created by ordinance;
43 (h) Lending or investing federal funds; and
44 (i) Construction of foundations, platforms and other like structural
45 forms.
46 (12) "Project costs" includes, but is not limited to:
47 (a) Capital costs, including the actual costs of the construction of pub-
48 lic works or improvements, facilities, buildings, structures, and perma-
49 nent fixtures; the demolition, alteration, remodeling, repair or recon-
50 struction of existing buildings, structures, and permanent fixtures; the
51 acquisition of equipment; and the clearing and grading of land;
52 (b) Financing costs, including interest during construction and capital-
53 ized debt service or repair and replacement or other appropriate reserves;
54 (c) Real property assembly costs, meaning any deficit incurred from the
55 sale or lease by a municipality of real or personal property within a rev-
4
1 enue allocation district;
2 (d) Professional service costs, including those costs incurred for archi-
3 tectural, planning, engineering, and legal advice and services;
4 (e) Direct administrative costs, including reasonable charges for the
5 time spent by municipal employees in connection with the implementation of
6 a project plan;
7 (f) Relocation costs;
8 (g) Other costs incidental to any of the foregoing costs.
9 (13) "Revenue allocation area" means that portion of an urban renewal area
10 or competitively disadvantaged border community area the equalized assessed
11 valuation (as shown by the taxable property assessment rolls) of which the
12 local governing body has determined, on and as a part of an urban renewal
13 plan, is likely to increase as a result of the initiation of an urban renewal
14 project or competitively disadvantaged border community area. The base assess-
15 ment roll or rolls of revenue allocation area or areas shall not exceed at any
16 time ten percent (10%) of the current assessed valuation of all taxable prop-
17 erty within the municipality.
18 (14) "State" means the state of Idaho.
19 (15) "Tax" or "taxes" means all ad valorem property tax levies upon tax-
20 able property.
21 (16) "Taxable property" means taxable real property, personal property,
22 operating property, or any other tangible or intangible property included on
23 the equalized assessment rolls.
24 (17) "Taxing district" means a taxing district as defined in section
25 63-201, Idaho Code, as that section now exists or may hereafter be amended.
26 SECTION 2. That Section 50-2904, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 50-2904. AUTHORITY TO CREATE REVENUE ALLOCATION AREA. An authorized
29 municipality is hereby authorized and empowered to adopt, at any time, a reve-
30 nue allocation financing provision, as described in this chapter, as part of
31 an urban renewal plan or competitively disadvantaged border community area
32 ordinance. A revenue allocation financing provision may be adopted either at
33 the time of the original adoption of an urban renewal plan or the creation by
34 ordinance of a competitively disadvantaged border community area or thereafter
35 as a modification of an urban renewal plan or the ordinance creating the com-
36 petitively disadvantaged border community area. Urban renewal plans existing
37 prior to the effective date of this section may be modified to include a reve-
38 nue allocation financing provision. Except as provided below, no revenue allo-
39 cation provision of an urban renewal plan or competitively disadvantaged bor-
40 der community area ordinance, including all amendments thereto, shall have a
41 duration exceeding twenty-four (24) years from the date the ordinance is
42 approved by the municipality. The duration of the revenue allocation financ-
43 ing provision may be extended if:
44 (1) The maturity date of any bonds issued to provide funds for a specific
45 project in the revenue allocation area and payable from the revenue allocation
46 financing provision exceeds the duration of the revenue allocation financing
47 provision, provided such bond maturity is not greater than thirty (30) years;
48 or
49 (2) The urban renewal agency determines that it is necessary to refinance
50 outstanding bonds payable from the revenue allocation financing provision to a
51 maturity exceeding the twenty-four (24) year duration of the revenue alloca-
52 tion financing provision in order to avoid a default on the bonds; and
53 (3) During the extensions set forth in subsections (1) and (2) of this
5
1 section, any revenue allocation revenues exceeding the amount necessary to
2 repay the bonds during the period exceeding the twenty-four (24) year maturity
3 of the revenue allocation financing provision shall be returned to the taxing
4 districts in the revenue allocation area on a pro rata basis.
5 SECTION 3. That Section 50-2906, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-2906. PUBLIC HEARING AND ORDINANCE REQUIRED. (1) To adopt a new urban
8 renewal plan or create a competitively disadvantaged border community area
9 containing a revenue allocation financing provision, the local governing body
10 of an authorized municipality must enact an ordinance in accordance with chap-
11 ter 9, title 50, Idaho Code, and section 50-2008, Idaho Code. To modify an
12 existing urban renewal plan, to add or change a revenue allocation, an autho-
13 rized municipality must enact an ordinance in accordance with chapter 9, title
14 50, Idaho Code, and conduct a public hearing as provided in section
15 50-2008(c), Idaho Code. No urban renewal project, plan, competitively disad-
16 vantaged border community area or modification thereto shall be held ineffec-
17 tive for failure to comply with the requirements of this section if compliance
18 with the section is substantial and in good faith.
19 (2) A revenue allocation financing provision adopted in accordance with
20 this chapter shall be effective retroactively to January 1 of the year in
21 which the local governing body of the authorized municipality enacts such
22 ordinance.
23 (3) The local governing body of an authorized municipality shall prepare
24 a notice stating (a) that an urban renewal plan or modification thereto or a
25 competitively disadvantaged border community area has been proposed and is
26 being considered for adoption, and that such plan or modification thereto or
27 proposal to create a competitively disadvantaged border community area con-
28 tains a revenue allocation financing provision that will cause property taxes
29 resulting from any increases in equalized assessed valuation in excess of the
30 equalized assessed valuation as shown on the base assessment roll to be allo-
31 cated to the agency for urban renewal and competitively disadvantaged border
32 community area purposes; and (b) that a public hearing on such plan or modifi-
33 cation will be held by the local governing body pursuant to section
34 50-2008(c), Idaho Code. The notice shall also state the time, date, and place
35 of the hearing. At least thirty (30) days but not more than sixty (60) days
36 prior to the date set for final reading of the ordinance, the local governing
37 body shall publish the notice in a newspaper of general circulation and trans-
38 mit the notice, together with a copy of the plan and recommendation of the
39 urban renewal agency or the municipality which by ordinance created the com-
40 petitively disadvantaged border community area, to the governing body of each
41 taxing district which levies taxes upon any taxable property in the revenue
42 allocation area and which would be affected by the revenue allocation financ-
43 ing provision of the urban renewal plan proposed to be approved by the local
44 governing body.
AS1505
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Frasure
Seconded by Ipsen
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1505
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 10, delete "boundaries" and insert:
3 "boundaries jurisdiction".
4 AMENDMENT TO SECTION 3
5 On page 5, delete lines 51 through 53; and on page 6, delete lines 1
6 through 9.
7 CORRECTION TO TITLE
8 On page 1, delete lines 13 through 20, and insert: "CODE, TO PROVIDE THAT
9 SUCH NOTICE SHALL INCLUDE A PROPOSAL TO CREATE A COMPETITIVELY DISADVANTAGED
10 COMMUNITY AREA.".
STATEMENT OF PURPOSE
RS10108
This legislation amends Urban Renewal to place limits on how long property
values can be held of the county tax base. It also includes boards of County
Commissioners in the decision making process.
FISCAL NOTE
No impact on General Fund. Creates a positive impact on local property taxes by
assuring a return to the tax base properties in urban renewal areas.
CONTACT: Senator Evan Frasure
Phone: 332-1315
STATEMENT OF PURPOSE/ FISCAL NOTE S1505