2003 Legislation
Print Friendly

HOUSE BILL NO. 276 – Urban renewal, area of operation


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0276.........................................................by STATE AFFAIRS
URBAN RENEWAL - Amends existing law relating to urban renewal to revise the
definition for "area of operation."
02/18    House intro - 1st rdg - to printing
02/19    Rpt prt - to Loc Gov
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, 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 -- Barrett, Naccarato, Wood
    Floor Sponsor - Gagner
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Loc Gov
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble, Noh,
      Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burkett, Cameron, Davis, Marley, Sorensen
    Floor Sponsors - Lodge & Gannon
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 146
         Effective: 07/01/03

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 276
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 50-2018, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        50-2018.  DEFINITIONS. The following terms wherever used or referred to in
  9    this  act chapter, shall have the following meanings, unless a different mean-
 10    ing is clearly indicated by the context:
 11        (a)  "Agency" or "urban renewal agency" shall mean a public agency created
 12    by section 50-2006, Idaho Code.
 13        (b)  "Municipality" shall mean any incorporated city or town, or county in
 14    the state.
 15        (c)  "Public body" shall mean the state  or  any  municipality,  township,
 16    board,  commission,  authority,  district,  or any other subdivision or public
 17    body of the state.
 18        (d)  "Local governing body" shall mean the council  or  other  legislative
 19    body charged with governing the municipality.
 20        (e)  "Mayor"  shall  mean  the mayor of a municipality or other officer or
 21    body having the duties customarily imposed upon the executive head of a munic-
 22    ipality.
 23        (f)  "Clerk" shall mean the clerk or other official  of  the  municipality
 24    who is the custodian of the official records of such municipality.
 25        (g)  "Federal  government"  shall  include the United States of America or
 26    any agency or instrumentality, corporate or otherwise, of the United States of
 27    America.
 28        (h)  "Deteriorated area" shall mean an area in which there is  a  predomi-
 29    nance  of  buildings  or  improvements, whether residential or nonresidential,
 30    which by reason of dilapidation, deterioration, age  or  obsolescence,  inade-
 31    quate  provision for ventilation, light, air, sanitation, or open spaces, high
 32    density of population and overcrowding, or the existence of  conditions  which
 33    endanger life or property by fire and other causes, or any combination of such
 34    factors is conducive to ill health, transmission of disease, infant mortality,
 35    juvenile  delinquency,  or  crime,  and  is  detrimental to the public health,
 36    safety, morals or welfare.
 37        (i)  "Deteriorating area" shall mean an area which by reason of the  pres-
 38    ence of a substantial number of deteriorated or deteriorating structures, pre-
 39    dominance of defective or inadequate street layout, faulty lot layout in rela-
 40    tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
 41    ditions,  deterioration of site or other improvements, diversity of ownership,
 42    tax or special assessment delinquency exceeding the fair value  of  the  land,
 43    defective or unusual conditions of title, or the existence of conditions which
  1    endanger life or property by fire and other causes, or any combination of such
  2    factors,  substantially impairs or arrests the sound growth of a municipality,
  3    retards the provision of housing accommodations or constitutes an economic  or
  4    social  liability and is a menace to the public health, safety, morals or wel-
  5    fare in its present condition and use:; pProvided, that if such  deteriorating
  6    area  consists of open land the conditions contained in the proviso in section
  7    50-2008(d), Idaho Code, shall apply:; aAnd provided further, that any disaster
  8    area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
  9    orating area.
 10        (j)  "Urban renewal project" may include undertakings and activities of  a
 11    municipality  in  an urban renewal area for the elimination of deteriorated or
 12    deteriorating areas and for the prevention of the  development  or  spread  of
 13    slums and blight, and may involve slum clearance and redevelopment in an urban
 14    renewal  area,  or rehabilitation or conservation in an urban renewal area, or
 15    any combination or part thereof in accordance with an urban renewal plan. Such
 16    undertakings and activities may include:
 17        (1)  acquisition of a deteriorated area or a deteriorating area or portion
 18        thereof;
 19        (2)  demolition and removal of buildings and improvements;
 20        (3)  installation, construction, or reconstruction of streets,  utilities,
 21        parks,  playgrounds,  off-street  parking facilities, public facilities or
 22        buildings and other improvements necessary for carrying out in  the  urban
 23        renewal  area  the  urban renewal objectives of this act chapter in accor-
 24        dance with the urban renewal plan;
 25        (4)  disposition of any property  acquired  in  the  urban  renewal  area,
 26        (including  sale,  initial  leasing or retention by the agency itself), at
 27        its fair value for uses in accordance with the urban renewal  plan  except
 28        for dispostion disposition of property to another public body;
 29        (5)  carrying  out  plans  for a program of voluntary or compulsory repair
 30        and rehabilitation of buildings or other improvements in  accordance  with
 31        the urban renewal plan;
 32        (6)  acquisition  of  real property in the urban renewal area which, under
 33        the urban renewal plan, is to be repaired or  rehabilitated  for  dwelling
 34        use  or related facilities, repair or rehabilitation of the structures for
 35        guidance purposes, and resale of the property;
 36        (7)  acquisition of any other real property  in  the  urban  renewal  area
 37        where necessary to eliminate unhealthful, insanitary or unsafe conditions,
 38        lessen density, eliminate obsolete or other uses detrimental to the public
 39        welfare,  or  otherwise  to  remove  or to prevent the spread of blight or
 40        deterioration, or to provide land for needed public facilities;
 41        (8)  lending or investing federal funds; and
 42        (9)  construction of foundations,  platforms  and  other  like  structural
 43        forms.
 44        (k)  "Urban  renewal  area"  means  a deteriorated area or a deteriorating
 45    area or a combination thereof which the local  governing  body  designates  as
 46    appropriate for an urban renewal project.
 47        (l)  "Urban  renewal  plan"  means a plan, as it exists from time to time,
 48    for an urban renewal project, which plan: (1) shall  conform  to  the  general
 49    plan  for  the  municipality  as  a  whole  except  as  provided in subsection
 50    50-2008(g), Idaho Code; and (2) shall be  sufficiently  complete  to  indicate
 51    such  land  acquisition,  demolition and removal of structures, redevelopment,
 52    improvements, and rehabilitation as may be proposed to be carried out  in  the
 53    urban  renewal  area,  zoning and planning changes, if any, land uses, maximum
 54    densities, building requirements, and any method or methods of financing  such
 55    plan, which methods may include revenue allocation financing provisions.
  1        (m)  "Related  activities"  shall mean: (1) planning work for the prepara-
  2    tion or completion of a community-wide plan or  program  pursuant  to  section
  3    50-2009,  Idaho  Code,;  and  (2) the functions related to the acquisition and
  4    disposal of real property pursuant to section 50-2007(d), Idaho Code.
  5        (n)  "Real property" shall include all lands, including  improvements  and
  6    fixtures  thereon,  and property of any nature appurtenant thereto, or used in
  7    connection therewith, and every estate, interest,  right  and  use,  legal  or
  8    equitable,  therein,  including  terms for years and liens by way of judgment,
  9    mortgage or otherwise.
 10        (o)  "Bonds" shall mean any bonds,  (including  refunding  bonds),  notes,
 11    interim  certificates, certificates of indebtedness, debentures or other obli-
 12    gations.
 13        (p)  "Obligee" shall include any bondholder, agents or  trustees  for  any
 14    bondholders,  or  lessor demising to the municipality property used in connec-
 15    tion with urban renewal, or any assignee or assignees of such lessor's  inter-
 16    est  or any part thereof, and the federal government when it is a party to any
 17    contract with the municipality.
 18        (q)  "Person" shall mean any individual, firm,  partnership,  corporation,
 19    company,  association,  joint  stock  association,  or body politic; and shall
 20    include any trustee, receiver, assignee, or other person acting in  a  similar
 21    representative capacity.
 22        (r)  "Area  of  operation" shall mean the area within the corporate limits
 23    of the municipality and the area within five (5) miles of such limits,  except
 24    that  it  shall  not include any area which lies within the territorial bound-
 25    aries of another incorporated city or town or within the  unincorporated  area
 26    of  the  county  unless  a resolution shall have been adopted by the governing
 27    body of such other city, or town or county declaring a need therefor.
 28        (s)  "Board" or "commission" shall mean a board,  commission,  department,
 29    division, office, body or other unit of the municipality.
 30        (t)  "Public  officer"  shall  mean  any  officer  who is in charge of any
 31    department or branch of the government of the municipality relating to health,
 32    fire, building regulations, or to other activities concerning dwellings in the
 33    municipality.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12923
This legislation seeks to restrict the cities in Idaho, when
dealing with Urban Renewals districts, from making decisions
outside of the city boundary in the county.
                          FISCAL IMPACT
No impact to the General Fund.

Name: Rep. Lee Gagner 
Phone: 522-4580
Sen. Patti Lodge