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H0295...............................................by REVENUE AND TAXATION
URBAN RENEWAL AGENCIES - Amends existing law to provide that a commissioner
of an urban renewal agency may be removed from office for conflict of
interest; and to provide that no public official, employee of a
municipality or board or commission thereof, nor commissioner or employee
of an urban renewal agency, shall have any personal interest in any urban
renewal project or in any property or any contract or proposed contract
connected with such urban renewal project.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 295
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL LAW; AMENDING SECTION 50-2006, IDAHO CODE, TO PRO-
3 VIDE THAT A COMMISSIONER MAY BE REMOVED FOR CONFLICT OF INTEREST AND TO
4 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 50-2017, IDAHO CODE, TO
5 PROVIDE THAT NO PUBLIC OFFICIAL, EMPLOYEE OF A MUNICIPALITY OR BOARD OR
6 COMMISSION THEREOF, NOR COMMISSIONER OR EMPLOYEE OF AN URBAN RENEWAL
7 AGENCY SHALL HAVE ANY PERSONAL INTEREST IN ANY URBAN RENEWAL PROJECT OR IN
8 ANY PROPERTY OR ANY CONTRACT OR PROPOSED CONTRACT CONNECTED WITH SUCH
9 URBAN RENEWAL PROJECT.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 50-2006, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 50-2006. URBAN RENEWAL AGENCY. (a) There is hereby created in each munic-
14 ipality an independent public body corporate and politic to be known as the
15 "urban renewal agency" for the municipality: provided, that such agency shall
16 not transact any business or exercise its powers hereunder until or unless the
17 local governing body has made the findings prescribed in section 50-2005,
18 Idaho Code.
19 (b) Upon the local governing body making such findings, the urban renewal
20 agency is authorized to transact the business and exercise the powers hereun-
21 der by a board of commissioners to be appointed or designated as follows:
22 (1) The mayor, by and with the advice and consent of the local governing
23 body, shall appoint a board of commissioners of the urban renewal agency
24 which shall consist of not less than three (3) commissioners nor more than
25 nine (9) commissioners. In the order of appointment, the mayor shall des-
26 ignate the number of commissioners to be appointed, and the term of each,
27 provided that the original term of office of no more than two (2) commis-
28 sioners shall expire in the same year. The commissioners shall serve for
29 terms not to exceed five (5) years, from the date of appointment, except
30 that all vacancies shall be filled for the unexpired term. For ineffi-
31 ciency or neglect of duty or misconduct in office, or for conflict of
32 interest, a commissioner may be removed only after a hearing and after he
33 shall have been given a copy of the charges at least ten (10) days prior
34 to such hearings and have had an opportunity to be heard in person or by
35 counsel. Conflict of interest shall include, but not be limited to, any
36 personal interest, direct or indirect, in any urban renewal project, or in
37 any property included or planned to be included in any urban renewal proj-
38 ect in such municipality or in any contract or proposed contract in con-
39 nection with such urban renewal project.
40 (2) By enactment of an ordinance, the local governing body may appoint
41 and designate itself to be the board of commissioners of the urban renewal
42 agency, in which case all the rights, powers, duties, privileges and immu-
43 nities vested by the urban renewal law of 1965, and as amended, in an
2
1 appointed board of commissioners, shall be vested in the local governing
2 body, who shall, in all respects when acting as an urban renewal agency,
3 be acting as an arm of state government, entirely separate and distinct
4 from the municipality, to achieve, perform and accomplish the public pur-
5 poses prescribed and provided by said urban renewal law of 1965, and as
6 amended.
7 (3) By enactment of an ordinance, the local governing body may terminate
8 the appointed board of commissioners and thereby appoint and designate
9 itself as the board of commissioners of the urban renewal agency.
10 (c) A commissioner shall receive no compensation for his services but
11 shall be entitled to the necessary expenses, including traveling expenses,
12 incurred in the discharge of his duties. Each commissioner shall hold office
13 until his successor has been appointed and has qualified. A certificate of the
14 appointment or reappointment of any commissioner shall be filed with the clerk
15 of the municipality and such certificate shall be conclusive evidence of the
16 due and proper appointment of such commissioner.
17 The powers of an urban renewal agency shall be exercised by the commis-
18 sioners thereof. A majority of the commissioners shall constitute a quorum for
19 the purpose of conducting business and exercising the powers of the agency and
20 for all other purposes. Action may be taken by the agency upon a vote of a
21 majority of the commissioners present, unless in any case the bylaws shall
22 require a larger number.
23 The mayor may appoint a chairman, a cochairman, or a vice-chairman vice
24 chairman for a term of office of one (1) year from among the commissioners,
25 thereafter the commissioners shall elect the chairman, cochairman or vice-
26 chairman vice chairman for a term of one (1) year from among their members. An
27 agency may employ an executive director, technical experts and such other
28 agents and employees, permanent and temporary, as it may require, and deter-
29 mine their qualifications, duties and compensation. For such legal service as
30 it may require, an agency may employ or retain its own counsel and legal
31 staff. An agency authorized to transact business and exercise powers under
32 this act shall file, with the local governing body, on or before March 31 of
33 each year a report of its activities for the preceding calendar year, which
34 report shall include a complete financial statement setting forth its assets,
35 liabilities, income and operating expense as of the end of such calendar year.
36 At the time of filing the report, the agency shall publish in a newspaper of
37 general circulation in the community a notice to the effect that such report
38 has been filed with the municipality and that the report is available for
39 inspection during business hours in the office of the city clerk or county
40 recorder and in the office of the agency.
41 SECTION 2. That Section 50-2017, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 50-2017. INTERESTED PUBLIC OFFICIALS, COMMISSIONERS OR EMPLOYEES. No pub-
44 lic official or employee of a municipality (or board or commission thereof),
45 and no commissioner or employee of an urban renewal agency shall voluntarily
46 acquire any personal interest, direct or indirect, in any urban renewal proj-
47 ect, or in any property included or planned to be included in any urban
48 renewal project in such municipality or in any contract or proposed contract
49 in connection with such urban renewal project. Where such acquisition is not
50 voluntary, the interest acquired shall be immediately disclosed in writing to
51 the agency and such disclosure shall be entered upon the minutes of the
52 agency. If any such official, commissioner or employee presently owns or con-
53 trols, or owned or controlled within the preceding two (2) years, any inter-
3
1 est, direct or indirect, in any property which he knows is included or planned
2 to be included in an urban renewal project, he shall immediately disclose this
3 fact in writing to the agency, and such disclosure shall be entered upon the
4 minutes of the agency, and any such official, commissioner or employee shall
5 not participate in any action by the municipality (or board or commission
6 thereof), or urban renewal agency affecting such property. Any violation of
7 the provisions of this section shall constitute misconduct in office.
RS 11124
Current Urban Renewal law has few protections relative to conflict of
interest with regard to Urban Renewal tax moneys. Since all moneys
utilized for expenditures under this Section of Idaho Code are indeed
tax dollars, it is necessary that laws provide similar protections
for the handling of Urban Renewal moneys as is provided for other tax
dollars.
FISCAL IMPACT
No impact.
Contact
Name: Rep. Robert E. Schaefer
Phone: 332 1156
STATEMENT OF PURPOSE/FISCAL NOTE H 295