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H0232aa....................................................by LOCAL GOVERNMENT
BUSINESS IMPROVEMENT DISTRICTS - Amends and adds to existing law relating to
business improvement districts to revise the special assessment exemption
period for new businesses; to require that property owners provide disclosures
to prospective lessees or purchasers of property located within a business
improvement district; to clarify the nature of the disclosures; to provide a
restriction; to require property lessors or sellers to provide notification to
the legislative authority in the event of lease or sale of property located
within a business improvement district; and to provide disclosure forms.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Loc Gov
02/27 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace), Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Field(18), Wood
Floor Sponsor - Bieter
Title apvd - to Senate
03/12 Senate intro - 1st rdg - to Loc Gov
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Sweet, Werk
NAYS -- None
Absent and excused -- Calabretta, Davis, Williams
Floor Sponsor - Gannon
Title apvd - to House
03/25 To enrol
03/26 Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
04/02 Governor signed
Session Law Chapter 204
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 232
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO BUSINESS IMPROVEMENT DISTRICTS; AMENDING SECTION 50-2617, IDAHO
3 CODE, TO REVISE THE SPECIAL ASSESSMENT EXEMPTION PERIOD FOR NEW BUSI-
4 NESSES; AMENDING CHAPTER 26, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
5 NEW SECTION 50-2623, IDAHO CODE, TO REQUIRE PROPERTY OWNERS TO PROVIDE
6 CERTAIN DISCLOSURES TO PROSPECTIVE LESSEES OR PURCHASERS OF PROPERTY
7 LOCATED WITHIN A BUSINESS IMPROVEMENT DISTRICT; AND AMENDING CHAPTER 26,
8 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-2624, IDAHO
9 CODE, TO REQUIRE PROPERTY LESSORS OR SELLERS TO PROVIDE CERTAIN NOTIFICA-
10 TION TO THE LEGISLATIVE AUTHORITY IN THE EVENT OF LEASE OR SALE OF PROP-
11 ERTY LOCATED WITHIN A BUSINESS IMPROVEMENT DISTRICT.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 50-2617, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 50-2617. EXEMPTION PERIOD FOR NEW BUSINESSES. Businesses established
16 after the creation of a district within the district shall be exempted from
17 the special assessments imposed pursuant to this chapter for a period of one
18 (1) year from the date they commenced business in the district of first occu-
19 pancy until the next billing date prescribed by the legislative authority.
20 SECTION 2. That Chapter 26, Title 50, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 50-2623, Idaho Code, and to read as follows:
23 50-2623. DISCLOSURE REQUIREMENT PRIOR TO LEASE OR SALE OF PROPERTY.
24 Prior to leasing or selling property located within a business improvement
25 district, property owners are required to disclose to prospective lessees or
26 purchasers that the subject property is located within a business improvement
27 district and that the lessee or purchaser may be responsible for the payment
28 of special assessments to the legislative authority.
29 SECTION 3. That Chapter 26, Title 50, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 50-2624, Idaho Code, and to read as follows:
32 50-2624. NOTIFICATION IN THE EVENT OF LEASE OR SALE. Within thirty (30)
33 days of the lease or sale of property located within a business improvement
34 district, the lessor of the subject property in the case of a lease, or the
35 seller of the subject property in the case of a sale, is required to submit a
36 notification of the lease or sale and the identity of the lessee or purchaser,
37 to the legislative authority.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Bieter
Seconded by Miller
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 232
1 AMENDMENTS TO SECTION 2
2 On page 1 of the printed bill, in line 25, delete "disclose" and insert:
3 "provide written disclosure"; and in line 28, following "authority." insert:
4 "The written disclosure shall be a statement by the property owner and shall
5 not be construed to be a statement made by any agent representing the property
6 owner. No agent of the property owner shall be authorized to make such a dis-
7 closure as provided in this chapter or to verify the same.".
8 AMENDMENTS TO SECTION 3
9 On page 1, in line 32, following "SALE." insert: "(1)"; in line 35, fol-
10 lowing "submit a" insert: "written copy of the"; and following line 37,
11 insert:
12 "(2) The disclosures required by the provisions of this chapter shall be
13 set forth in the following disclosure form. An alternative form may be uti-
14 lized provided that the terms of such form shall be substantially similar to
15 the terms set forth herein:
16 Business Improvement District Disclosure
17 Purchaser or lessee has received notification that the property purchased or
18 leased is located within a business improvement district. Purchaser or lessee
19 understands that they may be responsible to pay special assessments to the
20 legislative authority responsible for the business improvement district.
21 I/we acknowledge receipt of a copy of this disclosure statement.
22 Seller/Lessor: Buyer/Lessee:
23 ........................ ........................
24 Date: .................. Date: ..................
25 ........................ ........................
26 Date: .................. Date: ..................".
27 CORRECTIONS TO TITLE
28 On page 1, in line 7, following "DISTRICT" insert: ", TO CLARIFY THE
29 NATURE OF SUCH DISCLOSURES AND TO PROVIDE A RESTRICTION"; and in line 11, fol-
30 lowing "DISTRICT" insert: "AND TO PROVIDE FOR DISCLOSURE FORMS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 232, As Amended
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO BUSINESS IMPROVEMENT DISTRICTS; AMENDING SECTION 50-2617, IDAHO
3 CODE, TO REVISE THE SPECIAL ASSESSMENT EXEMPTION PERIOD FOR NEW BUSI-
4 NESSES; AMENDING CHAPTER 26, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
5 NEW SECTION 50-2623, IDAHO CODE, TO REQUIRE PROPERTY OWNERS TO PROVIDE
6 CERTAIN DISCLOSURES TO PROSPECTIVE LESSEES OR PURCHASERS OF PROPERTY
7 LOCATED WITHIN A BUSINESS IMPROVEMENT DISTRICT, TO CLARIFY THE NATURE OF
8 SUCH DISCLOSURES AND TO PROVIDE A RESTRICTION; AND AMENDING CHAPTER 26,
9 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-2624, IDAHO
10 CODE, TO REQUIRE PROPERTY LESSORS OR SELLERS TO PROVIDE CERTAIN NOTIFICA-
11 TION TO THE LEGISLATIVE AUTHORITY IN THE EVENT OF LEASE OR SALE OF PROP-
12 ERTY LOCATED WITHIN A BUSINESS IMPROVEMENT DISTRICT AND TO PROVIDE FOR
13 DISCLOSURE FORMS.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 50-2617, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 50-2617. EXEMPTION PERIOD FOR NEW BUSINESSES. Businesses established
18 after the creation of a district within the district shall be exempted from
19 the special assessments imposed pursuant to this chapter for a period of one
20 (1) year from the date they commenced business in the district of first occu-
21 pancy until the next billing date prescribed by the legislative authority.
22 SECTION 2. That Chapter 26, Title 50, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 50-2623, Idaho Code, and to read as follows:
25 50-2623. DISCLOSURE REQUIREMENT PRIOR TO LEASE OR SALE OF PROPERTY.
26 Prior to leasing or selling property located within a business improvement
27 district, property owners are required to provide written disclosure to pro-
28 spective lessees or purchasers that the subject property is located within a
29 business improvement district and that the lessee or purchaser may be respon-
30 sible for the payment of special assessments to the legislative authority. The
31 written disclosure shall be a statement by the property owner and shall not be
32 construed to be a statement made by any agent representing the property owner.
33 No agent of the property owner shall be authorized to make such a disclosure
34 as provided in this chapter or to verify the same.
35 SECTION 3. That Chapter 26, Title 50, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 50-2624, Idaho Code, and to read as follows:
38 50-2624. NOTIFICATION IN THE EVENT OF LEASE OR SALE. (1) Within thirty
39 (30) days of the lease or sale of property located within a business improve-
2
1 ment district, the lessor of the subject property in the case of a lease, or
2 the seller of the subject property in the case of a sale, is required to sub-
3 mit a written copy of the notification of the lease or sale and the identity
4 of the lessee or purchaser, to the legislative authority.
5 (2) The disclosures required by the provisions of this chapter shall be
6 set forth in the following disclosure form. An alternative form may be uti-
7 lized provided that the terms of such form shall be substantially similar to
8 the terms set forth herein:
9 Business Improvement District Disclosure
10 Purchaser or lessee has received notification that the property purchased or
11 leased is located within a business improvement district. Purchaser or lessee
12 understands that they may be responsible to pay special assessments to the
13 legislative authority responsible for the business improvement district.
14 I/we acknowledge receipt of a copy of this disclosure statement.
15 Seller/Lessor: Buyer/Lessee:
16 ........................ ........................
17 Date: .................. Date: ..................
18 ........................ ........................
19 Date: .................. Date: ..................
STATEMENT OF PURPOSE
RS 12858
The purpose for the amendment to Idaho State Code Title 50,
Chapter 26, is intended to provide full disclosure of the status of
property to be sold or leased within a current Business Improvement
District.
Currently there is no provision to make a future tenant or
owner aware that they are purchasing or leasing property within the
district and thus they are unaware of the obligations that will be
required of them by the current legislation. This amendment would
require the owner or lessor to disclose to the buyer or leaseholder
the financial obligations that they will be subject to by
purchasing or leasing such property.
The amendment will also require that the seller or leaseholder
of the property fully disclose the obligations to the buyer or
leaseholder by forwarding the signed and dated paperwork to the
legislative authority responsible for the district.
Finally, since the billing process only happens once a year,
it is imperative that the district can bill the current tenants
that are located within the district at the time of the annual
billing. If a business moves into the district after the annual
billing process, it would be exempt from billing until the
following annual billing cycle. This process is critical to the
stable functioning of a district to provide consistent levels of
service on an annual basis.
FISCAL IMPACT
There is no impact on the general fund
Contact
Name: Rep Bieter
Phone: 332-1234
Keven Burnett, Exec Dir, Boise Downtown Assoc
472-5250
STATEMENT OF PURPOSE/FISCAL NOTE H 232