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H0244...............................................by REVENUE AND TAXATION
TAXING DISTRICTS - Amends existing law relating to taxing district fee
increases to limit the application of advertisement and hearing
requirements in certain cases involving proposed fee increases of one
dollar or less.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 244
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO FEE INCREASES; AMENDING SECTION 63-1311A, IDAHO CODE, TO LIMIT THE
3 APPLICATION OF ADVERTISEMENT AND HEARING REQUIREMENTS IN CERTAIN CASES
4 INVOLVING PROPOSED FEE INCREASES OF ONE DOLLAR OR LESS AND TO MAKE TECHNI-
5 CAL CHANGES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 63-1311A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 63-1311A. ADVERTISEMENT OF AND HEARING ON FEE INCREASES. (1) No taxing
10 district may make a decision approving a fee increase that exceeds one hundred
11 five per cent percent (105%) of the amount of the fee last collected or a
12 decision imposing a new fee, unless it first holds a hearing upon such pro-
13 posed fee increase or fee imposition at a regular or special meeting of the
14 district's governing body and after it gives public notice of such hearing in
15 the manner provided in this section. Any taxing district that is required to
16 hold a hearing and give public notice of the hearing as provided in this sec-
17 tion, and which fails to do so, shall have the validity of all or a portion of
18 the fee increase that it collects be voidable.
19 (2) The taxing district shall give public notice of its intent to make a
20 decision on a proposed fee increase, that exceeds one hundred five per cent
21 percent (105%) of the amount of fees last collected prior to such decision, or
22 a decision to impose a new fee by giving public notice either by advertising
23 in at least one (1) newspaper as defined in section 60-106, Idaho Code, or by
24 holding three (3) public meetings in three (3) different locations in the dis-
25 trict or by a single mailing notice to all district residents, providing that
26 the same information is given and providing the meeting shall be held not less
27 than seven (7) days after mailing of the notice. An advertisement used to sat-
28 isfy the requirements of this section shall be run once each week for the two
29 (2) weeks preceding the week during which the hearing required by this section
30 will be held. The advertisement shall state that the taxing district will meet
31 on a certain day, time and place fixed in the advertisement, for the purpose
32 of hearing public comments regarding any proposed fee increase beyond the lim-
33 its prescribed by this section, or imposition of a new fee and to explain the
34 reasons for such action.
35 (3) The provisions of this section shall not apply to a proposed fee
36 increase of one dollar ($1.00) or less, provided that such increase is in an
37 amount equal to or less than the current fee and provided further that no more
38 than one (1) such increase may be proposed by the taxing district in a calen-
39 dar year.
STATEMENT OF PURPOSE
RS 14899
This legislation allows taxing districts to raise fees, such as
library copying charges, without compliance with notice
requirements when the fee increase is less than one dollar, is no
more than 100% increase and is only a one time event per calendar
year.
FISCAL NOTE
Nominal revenue increase to taxing districts to offset services
provided. Notice costs are saved by the taxing districts.
Contact
Name: Representative Wendy Jaquet
Phone: 332-1133
Name: Representative Dell Raybould
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 244