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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
|||| 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
2 RELATING TO URBAN RENEWAL LAW; AMENDING SECTION 50-2006, IDAHO CODE, TO
3 REQUIRE ADDITIONAL FINANCIAL DISCLOSURE, TO PROVIDE THAT FAILURE TO DO SO
4 IS CAUSE FOR REMOVAL FROM OFFICE AND TO MAKE TECHNICAL CORRECTIONS.
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.
2
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
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.
Contact
Name: Rep. Robert E. Schaefer
Phone: 332 1156
STATEMENT OF PURPOSE/FISCAL NOTE H 29