2001 Legislation
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HOUSE BILL NO. 382 – Recreation dist petitions, tax rate

HOUSE BILL NO. 382

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H0382...............................................by REVENUE AND TAXATION
RECREATION DISTRICTS - Amends existing law to provide that petitions for
formation of recreation districts shall state the maximum tax rate that
would be imposed upon taxable property within the recreation district or
planned unit development recreation district; to provide a tax levy for
districts created prior to July 1, 2001; to provide a tax levy for
districts created on or after July 1, 2001; to provide maximum rates; and
to provide a procedure if a district desires to impose a tax in excess of
that contained in the petition.
                                                                        
03/28    House intro - 1st rdg - to printing
03/29    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 41-19-10
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
      Bradford, Callister, Collins, Crow, Deal, Denney, Ellis, Field(13),
      Field(20), Gould, Hadley, Henbest(Farley), Hornbeck, Kellogg, Kunz,
      Langford, Marley, McKague, Meyer, Montgomery, Moyle, Pischner,
      Pomeroy, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd,
      Smylie, Stone, Tilman, Trail, Young(Young)
      NAYS -- Bieter, Bruneel, Campbell, Chase, Clark, Ellsworth, Gagner,
      Hammond, Hansen, Higgins, Jaquet, Kendell, Lake, Loertscher,
      Mortensen, Moss, Pearce, Sali, Smith
      Absent and excused -- Cuddy, Eskridge, Harwood, Jones, Mader,
      Raybould, Stevenson, Wheeler, Wood, Mr. Speaker
    Floor Sponsor -- Collins
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Loc Gov
03/30    Rls susp - PASSED - 32-2-1
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Davis, Deide, Frasure, Geddes, Goedde, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler,
      Whitworth, Williams
      NAYS -- Dunklin, Stennett
      Absent and excused -- Darrington
    Floor Sponsor -- Goedde
    Title apvd - to House
04/02    To enrol - rpt enrol - sp signed - Pres signed
04/10    Governor signed
         Session Law Chapter 375
         Effective: 04/10/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 382
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECREATION DISTRICTS; AMENDING SECTION  31-4304,  IDAHO  CODE,  TO
  3        PROVIDE  THAT PETITIONS FOR FORMATION OF  RECREATION DISTRICTS SHALL STATE
  4        THE MAXIMUM TAX RATE THAT WOULD BE IMPOSED UPON  TAXABLE  PROPERTY  WITHIN
  5        THE  DISTRICT  OR PLANNED UNIT DEVELOPMENT RECREATION DISTRICT AND TO MAKE
  6        TECHNICAL CORRECTIONS; AMENDING SECTION 31-4318, IDAHO  CODE,  TO  PROVIDE
  7        FOR  A TAX LEVY FOR DISTRICTS CREATED PRIOR TO JULY 1, 2001, TO PROVIDE  A
  8        LEVY FOR DISTRICTS CREATED ON OR AFTER JULY 1, 2001,  TO  PROVIDE  MAXIMUM
  9        RATES  AND  TO  PROVIDE  A PROCEDURE IF A DISTRICT DESIRES TO IMPOSE A TAX
 10        RATE IN EXCESS OF THAT CONTAINED IN THE PETITION; AND DECLARING  AN  EMER-
 11        GENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 31-4304, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        31-4304.  CREATION OF RECREATION DISTRICTS. A recreation district  may  be
 16    created as follows:
 17        (a)  Any person or persons may file a petition for the formation of a rec-
 18    reation district with the clerk. Such petition which may be in one (1) or more
 19    papers  shall clearly designate the boundaries of the proposed district, shall
 20    state the name of the proposed district, shall state  the  maximum   tax  rate
 21    that  would  be  imposed  upon taxable property within the district or planned
 22    unit development recreation districts, and shall be signed by  not  less  than
 23    twenty  per  cent  percent (20%) of the qualified electors resident within the
 24    boundaries of the proposed district. The boundaries of the  proposed  district
 25    shall include contiguous territory having market value for assessment purposes
 26    of  not  less  than  five  million  dollars ($5,000,000) at the last preceding
 27    county assessment and shall not include any area included  within  an  already
 28    existing recreation district. The petition shall be accompanied by a map show-
 29    ing the boundaries of the proposed district.
 30        (b)  The  clerk shall, within ten (10) days after the filing of such peti-
 31    tion and map, estimate the cost of advertising and holding the  election  pro-
 32    vided  in this section and notify in writing the person or any one of the per-
 33    sons filing such petition as to the amount of such estimate.  Such  person  or
 34    persons  shall  within  twenty  (20) days after receipt of such written notice
 35    deposit such estimated amount with the clerk in cash, or such  petition  shall
 36    be  deemed  withdrawn.  If the deposit is made and the district is formed, the
 37    person or persons so depositing such sum shall be reimbursed  from  the  first
 38    moneys  collected  by  the  district from the taxes authorized to be levied by
 39    this chapter.
 40        (c)  Within thirty (30) days after the filing of  such  petition  together
 41    with  such  map  and the making of such cash deposit, the county commissioners
 42    shall determine whether or not the same substantially comply with the require-
 43    ments of this section. If the county commissioners find  that  there  has  not
                                                                        
                                       2
                                                                        
                                                                        
  1    been  substantial compliance with such requirements, they shall enter an order
  2    to the effect specifying the particular deficiencies, dismissing such petition
  3    and refunding such cash deposit. If the county commissioners find  that  there
  4    has been substantial compliance with such requirements, the county commission-
  5    ers  shall  forthwith  enter  an order to that effect and calling an election,
  6    subject to the provisions of section 34-106, Idaho Code, upon the formation of
  7    such proposed district as provided in this section.
  8        (d)  If the county commissioners order an election  as  provided  in  this
  9    section, such election shall be conducted in accordance with the general elec-
 10    tion  laws  of    the state, including the provisions of chapter 14, title 34,
 11    Idaho Code. The  county  commissioners  shall  establish  election  precincts,
 12    design  and  print  elector's  oaths,  ballots  and  other necessary supplies,
 13    appoint election personnel and by rule and regulation provide for the  conduct
 14    and  tally  of  such election. Each qualified elector who is a resident of the
 15    proposed district shall be entitled to vote in such election. The clerk  shall
 16    give  notice  of such election which notice shall clearly designate the bound-
 17    aries of such proposed district, shall state the name of the proposed district
 18    as designated in the petition, shall state the date of such election  and  the
 19    hours  on such date which the polls will be open for receipt of ballots, shall
 20    set forth the qualifications of electors, and shall state that a  map  showing
 21    the  boundaries  of  such district is on file in the office of the clerk. Such
 22    notice shall be published for the first time, not less than twelve  (12)  days
 23    prior  to the election, and the second publication shall be made not less than
 24    five (5) days prior to such election  in  a  newspaper  published  within  the
 25    county.
 26        (e)  Immediately  after  such  election, the judges at such election shall
 27    forward the ballots and results of such election to the clerk. The county com-
 28    missioners shall canvass the vote within ten (10) days after such election. If
 29    one-half (1/2) or more of the votes cast at such election are against the for-
 30    mation of such district, the county commissioners  shall  enter  an  order  so
 31    finding  and  declaring  that  such district shall not be formed. If more than
 32    one-half (1/2) of the votes cast at such election are in favor of forming such
 33    district, the county commissioners shall enter an order so finding,  declaring
 34    such  district  duly organized under the name designated in such petition, and
 35    dividing such district into three (3) subdivisions, as nearly equal in popula-
 36    tion as possible, to be known as director's subdistricts one (1), two (2)  and
 37    three (3). The county commissioners shall cause one (1) certified copy of such
 38    order  to  be  filed  in  the office of the county recorder of such county and
 39    shall cause one (1) certified copy of such order to be transmitted to the gov-
 40    ernor. Immediately upon the entry of such order, the organization of such dis-
 41    trict shall be complete.
 42        (f)  Upon receipt of a certified copy of the order of the  county  commis-
 43    sioners,  the  governor shall appoint a qualified elector from each director's
 44    subdistrict who shall constitute the first board of such district. The appoin-
 45    tees from director's subdistricts one (1) and two (2) shall  serve  until  the
 46    first  district  election  thereafter  held at which their successors shall be
 47    elected and the appointee from director's subdistrict three  (3)  shall  serve
 48    until  the  second district election thereafter held at which such appointee's
 49    successor shall be elected. The certificate of appointment shall be filed with
 50    the clerk with a copy forwarded to each appointee.
 51        (g)  When the boundaries of the proposed district lie in two (2)  or  more
 52    counties,  the county commissioners of each county shall act separately in the
 53    election and organization of that part of the proposed district  contained  in
 54    their  county  but  the  county  commissioners  of each such county shall meet
                                                                        
                                       3
                                                                        
                                                                        
  1    together before calling such election, subject to the  provisions  of  section
  2    34-106, Idaho Code, and provide for uniform proceedings in each county and fix
  3    the  boundaries  of  each  director's  subdistrict in case such election shall
  4    carry.
  5        (h)  After such election, the validity of the proceedings hereunder  shall
  6    not  be  affected by any defect in the petition or in the number or qualifica-
  7    tion of the signers thereof, and in no event shall any action be commenced  or
  8    maintained  or defense made affecting the validity of the organization of such
  9    district after six (6) months have expired from the date of entering the order
 10    declaring the formation of such district.
                                                                        
 11        SECTION 2.  That Section 31-4318, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        31-4318.  LEVY  OF  TAX.  (1) For districts created prior to July 1, 2001,
 14    tThe board is empowered to levy a tax for the uses and purposes  of  the  dis-
 15    trict  in  an amount not exceeding six hundredths percent (.06%) of the market
 16    value for assessment purposes on all of the taxable property within  the  dis-
 17    trict  or  in  an amount not exceeding in any one (1) year one percent (1%) of
 18    market value for assessment purposes of all of the taxable property  within  a
 19    district created pursuant to section 31-4304A, Idaho Code.
 20        (2)  For  districts  created on or after July 1, 2001, the board is empow-
 21    ered to levy a tax for the uses and purposes of the district in an amount  not
 22    exceeding  the rate contained in the petition creating the recreation district
 23    or planned unit development recreation district,  or  six  hundredths  percent
 24    (.06%) of the market value for assessment purposes on all of the taxable prop-
 25    erty  within  the district, or one percent (1%) of market value for assessment
 26    purposes of all of the taxable property within a district created pursuant  to
 27    section  31-4304A,  Idaho Code.  If a district desires to impose a tax rate in
 28    excess of that contained in its petition, it may submit the  question  to  the
 29    electors of the district at an election held subject to the provisions of sec-
 30    tion 34-106, Idaho Code. The notice for the election shall be in similar scope
 31    to  that contained in section 31-4324, Idaho Code, and shall be conducted pur-
 32    suant to section 31-4325, Idaho Code.  If a majority of the electors voting at
 33    the election vote in favor of increasing the tax rate  maximum,  the  new  tax
 34    rate  shall  be in effect for the tax year following the election and for each
 35    succeeding tax year.
 36        (3)  The board shall by resolution fix the levy to be made for  such  dis-
 37    trict  for such year and the secretary shall transmit a certified copy of such
 38    resolution to the county commissioners at the time and in the manner  provided
 39    by  section  63-804,  Idaho Code. Such taxes shall be collected as provided by
 40    section 63-812, Idaho Code, and remitted to the treasurer of the  district  as
 41    provided by section 63-1202, Idaho Code.
                                                                        
 42        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 43    declared to exist, this act shall be in full force and effect on and after its
 44    passage and approval.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE

                       RS 11299

Current statute places a fairly high cap on taxation levels for 
recreation districts and those districts cannot impose a LOWER 
tax cap on themselves. For recreation districts formed after July 
1,2001, this legislation provides that 1)the maximum taxation rate 
in the petition which must be approved by the voters and 2) such a 
maximum taxation rate can ONLY be changed with the approval of the 
district electors but can not exceed current statutory limitations.


                     FISCAL IMPACT


None



Contact
Name:	Sen. John Goedde
Phone:	332-1355


STATEMENT OF PURPOSE/FISCAL NOTE		H 382