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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
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
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