2006 Legislation
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HOUSE BILL NO. 735 – Urban renewal, definitions

HOUSE BILL NO. 735

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Bill Status



H0735aa....................................................by STATE AFFAIRS
URBAN RENEWAL - Amends existing law relating to urban renewal to revise
definitions.
                                                                        
02/24    House intro - 1st rdg - to printing
02/27    Rpt prt - to Loc Gov
03/03    Rpt out - to Gen Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 62-4-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jaquet,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Roberts, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Henbest, Mitchell, Ringo, Rusche
      Absent and excused -- Block, Crow, Deal, Smith(24)
    Floor Sponsor - Brackett
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Loc Gov
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Sweet
    Floor Sponsor - Williams
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed
03/31    Pres signed - To Governor
03/31    Governor signed
         Session Law Chapter 310
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 735
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO URBAN RENEWAL; AMENDING SECTION 50-2018,  IDAHO  CODE,  TO  REVISE
  3        DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 50-2018, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        50-2018.  DEFINITIONS. The following terms wherever used or referred to in
  8    this chapter, shall have the following meanings, unless a different meaning is
  9    clearly indicated by the context:
 10        (a1)  "Agency" or "urban renewal agency" shall mean a public  agency  cre-
 11    ated by section 50-2006, Idaho Code.
 12        (b2)  "Municipality"  shall  mean any incorporated city or town, or county
 13    in the state.
 14        (c3)  "Public body" shall mean the state or  any  municipality,  township,
 15    board,  commission,  authority,  district,  or any other subdivision or public
 16    body of the state.
 17        (d4)  "Local governing body" shall mean the council or  other  legislative
 18    body charged with governing the municipality.
 19        (e5)  "Mayor"  shall  mean the mayor of a municipality or other officer or
 20    body having the duties customarily imposed upon the executive head of a munic-
 21    ipality.
 22        (f6)  "Clerk" shall mean the clerk or other official of  the  municipality
 23    who is the custodian of the official records of such municipality.
 24        (g7)  "Federal  government"  shall include the United States of America or
 25    any agency or instrumentality, corporate or otherwise, of the United States of
 26    America.
 27        (h8)  "Deteriorated area" shall mean an area in which there is a  predomi-
 28    nance  of  buildings  or  improvements, whether residential or nonresidential,
 29    which by reason of dilapidation, deterioration, age  or  obsolescence,  inade-
 30    quate  provision for ventilation, light, air, sanitation, or open spaces, high
 31    density of population and overcrowding, or the existence of  conditions  which
 32    endanger life or property by fire and other causes, or any combination of such
 33    factors is conducive to ill health, transmission of disease, infant mortality,
 34    juvenile  delinquency,  or  crime,  and  is  detrimental to the public health,
 35    safety, morals or welfare. Provided however, this definition shall  not  apply
 36    to  any  agricultural operation, as defined in section 22-4502(1), Idaho Code,
 37    except for an agricultural operation that has not been used for three (3) con-
 38    secutive years.
 39        (i9)  "Deteriorating area" shall mean an area which by reason of the pres-
 40    ence of a substantial number of deteriorated or deteriorating structures, pre-
 41    dominance of defective or inadequate street layout, faulty lot layout in rela-
 42    tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
 43    ditions, deterioration of site or other improvements, diversity of  ownership,
                                                                        
                                           2
                                                                        
  1    tax  or  special  assessment delinquency exceeding the fair value of the land,
  2    defective or unusual conditions of title, or the existence of conditions which
  3    endanger life or property by fire and other causes, or any combination of such
  4    factors, substantially impairs or arrests the sound growth of a  municipality,
  5    retards  the provision of housing accommodations or constitutes an economic or
  6    social liability and is a menace to the public health, safety, morals or  wel-
  7    fare  in  its  present condition and use; provided, that if such deteriorating
  8    area consists of open land the conditions contained in the proviso in  section
  9    50-2008(d),  Idaho  Code, shall apply; and provided further, that any disaster
 10    area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
 11    orating area. Provided however, this definition shall not apply to  any  agri-
 12    cultural  operation,  as defined in section 22-4502(1), Idaho Code, except for
 13    an agricultural operation that has not been used  for  three  (3)  consecutive
 14    years.
 15        (j10) "Urban renewal project" may include undertakings and activities of a
 16    municipality  in  an urban renewal area for the elimination of deteriorated or
 17    deteriorating areas and for the prevention of the  development  or  spread  of
 18    slums and blight, and may involve slum clearance and redevelopment in an urban
 19    renewal  area,  or rehabilitation or conservation in an urban renewal area, or
 20    any combination or part thereof in accordance with an urban renewal plan. Such
 21    undertakings and activities may include:
 22        (1a)  aAcquisition of a deteriorated area or a deteriorating area or  por-
 23        tion thereof;
 24        (2b)  dDemolition and removal of buildings and improvements;
 25        (3c)  iInstallation,  construction,  or  reconstruction of streets, utili-
 26        ties, parks, playgrounds, off-street parking facilities, public facilities
 27        or buildings and other improvements necessary  for  carrying  out  in  the
 28        urban  renewal area the urban renewal objectives of this chapter in accor-
 29        dance with the urban renewal plan;
 30        (4d)  dDisposition of any property acquired in  the  urban  renewal  area,
 31        including  sale, initial leasing or retention by the agency itself, at its
 32        fair value for uses in accordance with the urban renewal plan  except  for
 33        disposition of property to another public body;
 34        (5e)  cCarrying  out plans for a program of voluntary or compulsory repair
 35        and rehabilitation of buildings or other improvements in  accordance  with
 36        the urban renewal plan;
 37        (6f)  aAcquisition of real property in the urban renewal area which, under
 38        the  urban  renewal  plan, is to be repaired or rehabilitated for dwelling
 39        use or related facilities, repair or rehabilitation of the structures  for
 40        guidance purposes, and resale of the property;
 41        (7g)  aAcquisition  of  any  other real property in the urban renewal area
 42        where necessary to eliminate unhealthful, insanitary or unsafe conditions,
 43        lessen density, eliminate obsolete or other uses detrimental to the public
 44        welfare, or otherwise to remove or to prevent  the  spread  of  blight  or
 45        deterioration, or to provide land for needed public facilities;
 46        (8h)  lLending or investing federal funds; and
 47        (9i)  cConstruction  of  foundations,  platforms and other like structural
 48        forms.
 49        (k11) "Urban renewal area" means a deteriorated area  or  a  deteriorating
 50    area  or  a  combination  thereof which the local governing body designates as
 51    appropriate for an urban renewal project.
 52        (l12) "Urban renewal plan" means a plan, as it exists from time  to  time,
 53    for an urban renewal project, which plan:
 54        (1a)  sShall  conform  to the general plan for the municipality as a whole
 55        except as provided in section 50-2008(g), Idaho Code; and
                                                                        
                                           3
                                                                        
  1        (2b)  sShall be sufficiently complete to indicate such  land  acquisition,
  2        demolition  and  removal  of  structures, redevelopment, improvements, and
  3        rehabilitation as may be proposed to be carried out in the  urban  renewal
  4        area,  zoning  and planning changes, if any, land uses, maximum densities,
  5        building requirements, and any method or methods of financing  such  plan,
  6        which methods may include revenue allocation financing provisions.
  7        (m13) "Related activities" shall mean:
  8        (1a)  pPlanning work for the preparation or completion of a community-wide
  9        plan or program pursuant to section 50-2009, Idaho Code; and
 10        (2b)  tThe functions related to the acquisition and disposal of real prop-
 11        erty pursuant to section 50-2007(d), Idaho Code.
 12        (n14) "Real  property" shall include all lands, including improvements and
 13    fixtures thereon, and property of any nature appurtenant thereto, or  used  in
 14    connection  therewith,  and  every  estate,  interest, right and use, legal or
 15    equitable, therein, including terms for years and liens by  way  of  judgment,
 16    mortgage or otherwise.
 17        (o15) "Bonds"  shall  mean  any  bonds,  including refunding bonds, notes,
 18    interim certificates, certificates of indebtedness, debentures or other  obli-
 19    gations.
 20        (p16) "Obligee"  shall  include any bondholder, agents or trustees for any
 21    bondholders, or lessor demising to the municipality property used  in  connec-
 22    tion  with urban renewal, or any assignee or assignees of such lessor's inter-
 23    est or any part thereof, and the federal government when it is a party to  any
 24    contract with the municipality.
 25        (q17) "Person"  shall mean any individual, firm, partnership, corporation,
 26    company, association, joint stock association,  or  body  politic;  and  shall
 27    include  any  trustee, receiver, assignee, or other person acting in a similar
 28    representative capacity.
 29        (r18) "Area of operation" shall mean the area within the corporate  limits
 30    of  the municipality and the area within five (5) miles of such limits, except
 31    that it shall not include any area which lies within  the  territorial  bound-
 32    aries  of  another incorporated city or town or within the unincorporated area
 33    of the county unless a resolution shall have been  adopted  by  the  governing
 34    body of such other city, town or county declaring a need therefor.
 35        (s19) "Board"  or "commission" shall mean a board, commission, department,
 36    division, office, body or other unit of the municipality.
 37        (t20) "Public officer" shall mean any officer who  is  in  charge  of  any
 38    department or branch of the government of the municipality relating to health,
 39    fire, building regulations, or to other activities concerning dwellings in the
 40    municipality.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Brackett            
                                                                        
                                                     Seconded by Andrus              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 735
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill,  in  line  36,  following  "Code,"  insert:
  3    "absent  the consent of the owner of the agricultural operation,"; and on page
  4    2, in line 12, following "Code," insert: "absent the consent of the  owner  of
  5    the agricultural operation,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 735, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO URBAN RENEWAL; AMENDING SECTION 50-2018,  IDAHO  CODE,  TO  REVISE
  3        DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 50-2018, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        50-2018.  DEFINITIONS. The following terms wherever used or referred to in
  8    this chapter, shall have the following meanings, unless a different meaning is
  9    clearly indicated by the context:
 10        (a1)  "Agency" or "urban renewal agency" shall mean a public  agency  cre-
 11    ated by section 50-2006, Idaho Code.
 12        (b2)  "Municipality"  shall  mean any incorporated city or town, or county
 13    in the state.
 14        (c3)  "Public body" shall mean the state or  any  municipality,  township,
 15    board,  commission,  authority,  district,  or any other subdivision or public
 16    body of the state.
 17        (d4)  "Local governing body" shall mean the council or  other  legislative
 18    body charged with governing the municipality.
 19        (e5)  "Mayor"  shall  mean the mayor of a municipality or other officer or
 20    body having the duties customarily imposed upon the executive head of a munic-
 21    ipality.
 22        (f6)  "Clerk" shall mean the clerk or other official of  the  municipality
 23    who is the custodian of the official records of such municipality.
 24        (g7)  "Federal  government"  shall include the United States of America or
 25    any agency or instrumentality, corporate or otherwise, of the United States of
 26    America.
 27        (h8)  "Deteriorated area" shall mean an area in which there is a  predomi-
 28    nance  of  buildings  or  improvements, whether residential or nonresidential,
 29    which by reason of dilapidation, deterioration, age  or  obsolescence,  inade-
 30    quate  provision for ventilation, light, air, sanitation, or open spaces, high
 31    density of population and overcrowding, or the existence of  conditions  which
 32    endanger life or property by fire and other causes, or any combination of such
 33    factors is conducive to ill health, transmission of disease, infant mortality,
 34    juvenile  delinquency,  or  crime,  and  is  detrimental to the public health,
 35    safety, morals or welfare. Provided however, this definition shall  not  apply
 36    to  any  agricultural operation, as defined in section 22-4502(1), Idaho Code,
 37    absent the consent of the owner of the agricultural operation, except  for  an
 38    agricultural operation that has not been used for three (3) consecutive years.
 39        (i9)  "Deteriorating area" shall mean an area which by reason of the pres-
 40    ence of a substantial number of deteriorated or deteriorating structures, pre-
 41    dominance of defective or inadequate street layout, faulty lot layout in rela-
 42    tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
 43    ditions,  deterioration of site or other improvements, diversity of ownership,
                                                                        
                                           2
                                                                        
  1    tax or special assessment delinquency exceeding the fair value  of  the  land,
  2    defective or unusual conditions of title, or the existence of conditions which
  3    endanger life or property by fire and other causes, or any combination of such
  4    factors,  substantially impairs or arrests the sound growth of a municipality,
  5    retards the provision of housing accommodations or constitutes an economic  or
  6    social  liability and is a menace to the public health, safety, morals or wel-
  7    fare in its present condition and use; provided, that  if  such  deteriorating
  8    area  consists of open land the conditions contained in the proviso in section
  9    50-2008(d), Idaho Code, shall apply; and provided further, that  any  disaster
 10    area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
 11    orating  area.  Provided however, this definition shall not apply to any agri-
 12    cultural operation, as defined in section 22-4502(1), Idaho Code,  absent  the
 13    consent of the owner of the agricultural operation, except for an agricultural
 14    operation that has not been used for three (3) consecutive years.
 15        (j10) "Urban renewal project" may include undertakings and activities of a
 16    municipality  in  an urban renewal area for the elimination of deteriorated or
 17    deteriorating areas and for the prevention of the  development  or  spread  of
 18    slums and blight, and may involve slum clearance and redevelopment in an urban
 19    renewal  area,  or rehabilitation or conservation in an urban renewal area, or
 20    any combination or part thereof in accordance with an urban renewal plan. Such
 21    undertakings and activities may include:
 22        (1a)  aAcquisition of a deteriorated area or a deteriorating area or  por-
 23        tion thereof;
 24        (2b)  dDemolition and removal of buildings and improvements;
 25        (3c)  iInstallation,  construction,  or  reconstruction of streets, utili-
 26        ties, parks, playgrounds, off-street parking facilities, public facilities
 27        or buildings and other improvements necessary  for  carrying  out  in  the
 28        urban  renewal area the urban renewal objectives of this chapter in accor-
 29        dance with the urban renewal plan;
 30        (4d)  dDisposition of any property acquired in  the  urban  renewal  area,
 31        including  sale, initial leasing or retention by the agency itself, at its
 32        fair value for uses in accordance with the urban renewal plan  except  for
 33        disposition of property to another public body;
 34        (5e)  cCarrying  out plans for a program of voluntary or compulsory repair
 35        and rehabilitation of buildings or other improvements in  accordance  with
 36        the urban renewal plan;
 37        (6f)  aAcquisition of real property in the urban renewal area which, under
 38        the  urban  renewal  plan, is to be repaired or rehabilitated for dwelling
 39        use or related facilities, repair or rehabilitation of the structures  for
 40        guidance purposes, and resale of the property;
 41        (7g)  aAcquisition  of  any  other real property in the urban renewal area
 42        where necessary to eliminate unhealthful, insanitary or unsafe conditions,
 43        lessen density, eliminate obsolete or other uses detrimental to the public
 44        welfare, or otherwise to remove or to prevent  the  spread  of  blight  or
 45        deterioration, or to provide land for needed public facilities;
 46        (8h)  lLending or investing federal funds; and
 47        (9i)  cConstruction  of  foundations,  platforms and other like structural
 48        forms.
 49        (k11) "Urban renewal area" means a deteriorated area  or  a  deteriorating
 50    area  or  a  combination  thereof which the local governing body designates as
 51    appropriate for an urban renewal project.
 52        (l12) "Urban renewal plan" means a plan, as it exists from time  to  time,
 53    for an urban renewal project, which plan:
 54        (1a)  sShall  conform  to the general plan for the municipality as a whole
 55        except as provided in section 50-2008(g), Idaho Code; and
                                                                        
                                           3
                                                                        
  1        (2b)  sShall be sufficiently complete to indicate such  land  acquisition,
  2        demolition  and  removal  of  structures, redevelopment, improvements, and
  3        rehabilitation as may be proposed to be carried out in the  urban  renewal
  4        area,  zoning  and planning changes, if any, land uses, maximum densities,
  5        building requirements, and any method or methods of financing  such  plan,
  6        which methods may include revenue allocation financing provisions.
  7        (m13) "Related activities" shall mean:
  8        (1a)  pPlanning work for the preparation or completion of a community-wide
  9        plan or program pursuant to section 50-2009, Idaho Code; and
 10        (2b)  tThe functions related to the acquisition and disposal of real prop-
 11        erty pursuant to section 50-2007(d), Idaho Code.
 12        (n14) "Real  property" shall include all lands, including improvements and
 13    fixtures thereon, and property of any nature appurtenant thereto, or  used  in
 14    connection  therewith,  and  every  estate,  interest, right and use, legal or
 15    equitable, therein, including terms for years and liens by  way  of  judgment,
 16    mortgage or otherwise.
 17        (o15) "Bonds"  shall  mean  any  bonds,  including refunding bonds, notes,
 18    interim certificates, certificates of indebtedness, debentures or other  obli-
 19    gations.
 20        (p16) "Obligee"  shall  include any bondholder, agents or trustees for any
 21    bondholders, or lessor demising to the municipality property used  in  connec-
 22    tion  with urban renewal, or any assignee or assignees of such lessor's inter-
 23    est or any part thereof, and the federal government when it is a party to  any
 24    contract with the municipality.
 25        (q17) "Person"  shall mean any individual, firm, partnership, corporation,
 26    company, association, joint stock association,  or  body  politic;  and  shall
 27    include  any  trustee, receiver, assignee, or other person acting in a similar
 28    representative capacity.
 29        (r18) "Area of operation" shall mean the area within the corporate  limits
 30    of  the municipality and the area within five (5) miles of such limits, except
 31    that it shall not include any area which lies within  the  territorial  bound-
 32    aries  of  another incorporated city or town or within the unincorporated area
 33    of the county unless a resolution shall have been  adopted  by  the  governing
 34    body of such other city, town or county declaring a need therefor.
 35        (s19) "Board"  or "commission" shall mean a board, commission, department,
 36    division, office, body or other unit of the municipality.
 37        (t20) "Public officer" shall mean any officer who  is  in  charge  of  any
 38    department or branch of the government of the municipality relating to health,
 39    fire, building regulations, or to other activities concerning dwellings in the
 40    municipality.

Statement of Purpose / Fiscal Impact


REPRINT           REPRINT            REPRINT            REPRINT   

                       STATEMENT OF PURPOSE

                             RS 16119

This proposed legislation amends the definition of "deteriorated
area" and "deteriorating area" in Idaho Code 50-2018 to assure
that an agricultural operation will not be determined to be a
deteriorated or deteriorating area; which, in turn, would allow a
viable agricultural operation to be taken by eminent domain.  The
proposed legislation would allow an agricultural operation to be
declared deteriorated or deteriorating only if the agricultural
operation was in non-use for three consecutive years.



                           FISCAL NOTE

There is no fiscal impact to the general fund.





Contact
Name:   Rep Bert Brackett
        Rep Ken Andrus
Phone:  332-1000
        Lloyd Knight and Stan Boyd, Idaho Cattle Association
Phone:  (208) 343-1615


STATEMENT OF PURPOSE/FISCAL NOTE                      H 735 aa