2000 Legislation
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HOUSE BILL NO. 698 – Cnty hwy system, subdist, petition

HOUSE BILL NO. 698

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Daily Data Tracking History



H0698...............................................by REVENUE AND TAXATION
COUNTY HIGHWAY DISTRICTS - Amends existing law to provide a procedure for
Idaho residents owning property within a portion of a county to petition
for the creation of a subdistrict of the county highway system for the
construction, improvement, maintenance or repair of highways within the
subdistrict; to provide a maximum tax levy; and to provide for what purpose
the tax moneys may be utilized.
                                                                        
02/28    House intro - 1st rdg - to printing
02/29    Rpt prt - to Transp
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 64-3-3
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Barrett, Clark, Smith
      Absent and excused -- Crow, Geddes, Trail
    Floor Sponsor - Cuddy
    Title apvd - to Senate
03/16    Senate intro - 1st rdg - to Loc Gov

Bill Text


 H0698
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 698
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-601, IDAHO CODE, TO PROVIDE
  3        A PROCEDURE FOR IDAHO RESIDENTS OWNING PROPERTY  WITHIN  A  PORTION  OF  A
  4        COUNTY TO PETITION FOR THE CREATION OF A SUBDISTRICT OF THE COUNTY HIGHWAY
  5        SYSTEM  FOR  THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE OR REPAIR OF HIGH-
  6        WAYS WITHIN THE SUBDISTRICT, TO PROVIDE A MAXIMUM TAX LEVY AND TO  PROVIDE
  7        FOR THE USE OF THE TAX MONEYS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  40-601, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        40-601.  DISTRICTS ESTABLISHED BY COMMISSIONERS. (1)  Whenever the commis-
 12    sioners of any county shall have caused to be described by an order  made  and
 13    entered  upon its records any defined portion of contiguous territory, located
 14    wholly within the county, for the construction, improvement or repair of high-
 15    ways pursuant to the provisions of law,  each defined  portion  of  contiguous
 16    territory  is  recognized  as a legal taxing district and body politic of this
 17    state and as a highway district for highway purposes.
 18        (2)  Upon the petition of a majority of the Idaho residents  owning  prop-
 19    erty  within  a defined portion of contiguous territory, located wholly within
 20    the county, seeking the creation of a subdistrict of the county highway system
 21    for the construction, improvement, maintenance or repair  of  highways  within
 22    such  subdistrict or providing access to it, the county commissioners shall by
 23    order made and entered upon its records declare the establishment of such sub-
 24    district, and shall thereafter levy a fee or assessment in  an  amount  suffi-
 25    cient  to cover the costs of construction, improvement, maintenance, including
 26    snow removal, or repair as set forth in the petition and  order,  but  not  to
 27    exceed  one-half  of  one percent (0.5%) per year of the assessed valuation on
 28    all taxable real property within the district, allocated among  the  lots  and
 29    lands  benefited by such expenditures in proportion to the benefits derived by
 30    them, as the commissioners may deem fit.  All payments made pursuant  to  such
 31    levy shall be applied to the benefit of the highways within the subdistrict or
 32    providing  access  to it, as set forth in the petition and order.  Any assess-
 33    ments or fees made pursuant to this section shall be in addition  and  not  in
 34    lieu  of any other fees, levies, charges or assessments otherwise provided for
 35    or authorized by other sections of Idaho Code.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 10097 
     
     This legislation would allow land owners who maintain public roads and access to
     resort areas to tax themselves for construction and maintenance of roads that the
     county currently is not interested in maintaining. 
     
     
     
     
     
     
     
     
                    FISCAL IMPACT 
     
          There is no fiscal impact to the state general fund. There may be a minimal
     impact to the county for the costs associated with procedures establishing a taxing
     sub-district. 
     
     
               CONTACT:  Rep. Charles Cuddy
               332-1000 
               Kermit Kiebert
               208-264-6402 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                         H 698