2001 Legislation
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HOUSE BILL NO. 297 – Urban renewl agcy finances/disclosd


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Daily Data Tracking History

H0297...............................................by REVENUE AND TAXATION
URBAN RENEWAL AGENCIES - Amends existing law to require that urban renewal
agencies provide additional financial disclosure; and to provide that
failure to do so is cause for removal of commissioners from office.
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Rev/Tax

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 297
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 50-2006, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        50-2006.  URBAN RENEWAL AGENCY. (a) There is hereby created in each munic-
  9    ipality  an  independent  public body corporate and politic to be known as the
 10    "urban renewal agency" for the municipality: provided, that such agency  shall
 11    not transact any business or exercise its powers hereunder until or unless the
 12    local  governing  body  has  made  the findings prescribed in section 50-2005,
 13    Idaho Code.
 14        (b)  Upon the local governing body making such findings, the urban renewal
 15    agency is authorized to transact the business and exercise the powers  hereun-
 16    der by a board of commissioners to be appointed or designated as follows:
 17        (1)  The  mayor, by and with the advice and consent of the local governing
 18        body, shall appoint a board of commissioners of the urban  renewal  agency
 19        which shall consist of not less than three (3) commissioners nor more than
 20        nine  (9) commissioners. In the order of appointment, the mayor shall des-
 21        ignate the number of commissioners to be appointed, and the term of  each,
 22        provided  that the original term of office of no more than two (2) commis-
 23        sioners shall expire in the same year. The commissioners shall  serve  for
 24        terms  not  to exceed five (5) years, from the date of appointment, except
 25        that all vacancies shall be filled for the  unexpired  term.  For  ineffi-
 26        ciency  or neglect of duty or misconduct in office, or for failure to pro-
 27        vide complete financial disclosure and accountability, a commissioner  may
 28        be  removed only after a hearing and after he shall have been given a copy
 29        of the charges at least ten (10) days prior to such hearings and have  had
 30        an opportunity to be heard in person or by counsel.
 31        (2)  By  enactment  of  an ordinance, the local governing body may appoint
 32        and designate itself to be the board of commissioners of the urban renewal
 33        agency, in which case all the rights, powers, duties, privileges and immu-
 34        nities vested by the urban renewal law of 1965,  and  as  amended,  in  an
 35        appointed  board  of commissioners, shall be vested in the local governing
 36        body, who shall, in all respects when acting as an urban  renewal  agency,
 37        be  acting  as  an arm of state government, entirely separate and distinct
 38        from the municipality, to achieve, perform and accomplish the public  pur-
 39        poses  prescribed  and  provided by said urban renewal law of 1965, and as
 40        amended.
 41        (3)  By enactment of an ordinance, the local governing body may  terminate
 42        the  appointed  board  of  commissioners and thereby appoint and designate
 43        itself as the board of commissioners of the urban renewal agency.
  1        (c)  A commissioner shall receive no compensation  for  his  services  but
  2    shall  be  entitled  to  the necessary expenses, including traveling expenses,
  3    incurred in the discharge of his duties. Each commissioner shall  hold  office
  4    until his successor has been appointed and has qualified. A certificate of the
  5    appointment or reappointment of any commissioner shall be filed with the clerk
  6    of  the  municipality and such certificate shall be conclusive evidence of the
  7    due and proper appointment of such commissioner.
  8        The powers of an urban renewal agency shall be exercised  by  the  commis-
  9    sioners thereof. A majority of the commissioners shall constitute a quorum for
 10    the purpose of conducting business and exercising the powers of the agency and
 11    for  all  other  purposes.  Action may be taken by the agency upon a vote of a
 12    majority of the commissioners present, unless in any  case  the  bylaws  shall
 13    require a larger number.
 14        The  mayor  may  appoint a chairman, a cochairman, or a vice-chairman vice
 15    chairman for a term of office of one (1) year from  among  the  commissioners,
 16    thereafter  the  commissioners  shall  elect the chairman, cochairman or vice-
 17    chairman vice chairman for a term of one (1) year from among their members. An
 18    agency may employ an executive director,  technical  experts  and  such  other
 19    agents  and  employees, permanent and temporary, as it may require, and deter-
 20    mine their qualifications, duties and compensation. For such legal service  as
 21    it  may  require,  an  agency  may  employ or retain its own counsel and legal
 22    staff. An agency authorized to transact business  and  exercise  powers  under
 23    this  act  shall file, with the local governing body, on or before March 31 of
 24    each year a report of its activities for the preceding  calendar  year,  which
 25    report  shall include a complete financial statement setting forth its assets,
 26    liabilities, income and operating expense as of the end of such calendar year.
 27    In order to assure that complete financial disclosure of all of its operations
 28    is available to the public, and  recognizing  that  some  pertinent  financial
 29    information  might  not  be  evident  from  the financial statement alone, the
 30    agency shall also provide in the report detailed financial information on  all
 31    of its related activities including those of subordinate entities. At the time
 32    of  filing the report, the agency shall publish in a newspaper of general cir-
 33    culation in the community a notice to the effect that  such  report  has  been
 34    filed  with  the  municipality and that the report is available for inspection
 35    during business hours in the office of the city clerk or county  recorder  and
 36    in the office of the agency.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                           RS 11133
When a person in a position dealing with the trust of the taxpayer,
and large amounts of taxpayer money, it is imperative that disclosure
and accountability be provided. This legislation provides for thorough
disclosure and accountability of all uses or applications of Urban
Renewal monies. All spending of these tax monies shall be accounted
for in detail.

                          FISCAL IMPACT

No impact.


     Name:   Rep. Robert E. Schaefer
     Phone:  332 1156