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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 - 2003IN 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 chapterfor a period of one18(1) yearfrom the datethey commenced business in the districtof 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 - 2003Moved 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 - 2003IN 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 chapterfor a period of one20(1) yearfrom the datethey commenced business in the districtof 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