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H0047...............................................by REVENUE AND TAXATION
URBAN RENEWAL AGENCIES - Amends existing law to delete provisions for
appointment of urban renewal agency commissioners; to provide for election
of urban renewal commissioners; and to provide for terms of office,
eligibility, filling of vacancies and election of a chairman of the board
of commissioners of an urban renewal agency.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 47
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL AGENCIES; AMENDING SECTION 50-2006, IDAHO CODE, TO
3 DELETE PROVISIONS FOR APPOINTMENT OF URBAN RENEWAL AGENCY COMMISSIONERS
4 AND TO PROVIDE FOR ELECTION OF URBAN RENEWAL AGENCY COMMISSIONERS, TERMS
5 OF OFFICE, ELIGIBILITY, FILLING OF VACANCIES AND ELECTION OF A CHAIRMAN OF
6 THE BOARD OF COMMISSIONERS OF AN URBAN RENEWAL AGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 50-2006, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 50-2006. URBAN RENEWAL AGENCY. (a) There is hereby created in each munic-
11 ipality an independent public body corporate and politic to be known as the
12 "urban renewal agency" for the municipality; provided, that such agency shall
13 not transact any business or exercise its powers hereunder until or unless the
14 local governing body has made the findings prescribed in section 50-2005,
15 Idaho Code.
16 (b) Upon the local governing body making such findings, the urban renewal
17 agency is authorized to transact the business and exercise the powers hereun-
18 der by a board of commissioners to be appointed or designated elected as fol-
19 lows:
20 (1) The mayor, by and with the advice and consent of the local governing
21 body, shall appoint a board of commissioners of the urban renewal agency
22 which shall consist of not less than three (3) commissioners, nor more
23 than nine (9) commissioners. In the order of appointment, the mayor shall
24 designate the number of commissioners to be appointed, and the term of
25 each, provided that the original term of office of no more than two (2)
26 commissioners shall expire in the same year. The commissioners shall serve
27 for terms not to exceed five (5) years, from the date of appointment,
28 except that all vacancies shall be filled for the unexpired term. For
29 inefficiency or neglect of duty or misconduct in office, a commissioner
30 may be removed only after a hearing and after he shall have been given a
31 copy of the charges at least ten (10) days prior to such hearings and have
32 had an opportunity to be heard in person or by counsel one (1) of whom
33 shall be elected or reelected at each general election conducted by the
34 county in a countywide election. After the initial election of three (3)
35 commissioners at the 2008 general election, one (1) commissioner shall
36 serve a term of two (2) years, one (1) commissioner shall serve a term of
37 four (4) years and one (1) commissioner shall serve a term of six (6)
38 years. Thereafter, each commissioner shall hold office for a term of six
39 (6) years, or until a vacancy has been filled as provided in subsection
40 (b)(3) of this section.
41 (2) By enactment of an ordinance, the local governing body may appoint
42 and designate itself to be the board of commissioners of the urban renewal
43 agency, in which case all the rights, powers, duties, privileges and immu-
2
1 nities vested by the urban renewal law of 1965, and as amended, in an
2 appointed board of commissioners, shall be vested in the local governing
3 body, who shall, in all respects when acting as an urban renewal agency,
4 be acting as an arm of state government, entirely separate and distinct
5 from the municipality, to achieve, perform and accomplish the public pur-
6 poses prescribed and provided by said urban renewal law of 1965, and as
7 amended Any person shall be eligible to hold the office of urban renewal
8 agency commissioner who is a registered elector of the county in which the
9 municipality is situated.
10 (3) By enactment of an ordinance, the local governing body may terminate
11 the appointed board of commissioners and thereby appoint and designate
12 itself as the board of commissioners of the urban renewal agency A vacancy
13 on the board shall be filled by appointment made by the chairman of the
14 commission with the consent of the commission. Such appointee shall serve
15 until the next general election of the county in which the municipality is
16 situated when the office to which he was appointed shall be filled for the
17 balance of the original term of that office.
18 (4) After July 1, 2007, commissioners appointed to office shall continue
19 to serve until the first meeting in January following the 2008 general
20 election. At each meeting in January following a general election, each
21 elected commissioner shall subscribe the oath of office, be presented a
22 certificate of election and assume the duties of the office. The commis-
23 sioners shall elect one (1) member as chairman of the commission at each
24 meeting in January following a general election.
25 (c) A commissioner shall receive no compensation for his services but
26 shall be entitled to the necessary expenses, including traveling expenses,
27 incurred in the discharge of his duties. Each commissioner shall hold office
28 until his successor has been appointed and has qualified. A certificate of the
29 appointment or reappointment election of any commissioner shall be filed with
30 the clerk of the municipality and the county and such certificate shall be
31 conclusive evidence of the due and proper appointment election of such commis-
32 sioner.
33 The powers of an urban renewal agency shall be exercised by the commis-
34 sioners thereof. A majority of the commissioners shall constitute a quorum for
35 the purpose of conducting business and exercising the powers of the agency and
36 for all other purposes. Action may be taken by the agency upon a vote of a
37 majority of the commissioners present, unless in any case the bylaws shall
38 require a larger number.
39 The mayor may appoint a chairman, a cochairman, or a vice chairman for a
40 term of office of one (1) year from among the commissioners, thereafter the
41 commissioners shall elect the chairman, cochairman or vice chairman for a term
42 of one (1) year from among their members. An agency may employ an executive
43 director, technical experts and such other agents and employees, permanent and
44 temporary, as it may require, and determine their qualifications, duties and
45 compensation. For such legal service as it may require, an agency may employ
46 or retain its own counsel and legal staff. An agency authorized to transact
47 business and exercise powers under this chapter shall file, with the local
48 governing body, on or before March 31 of each year a report of its activities
49 for the preceding calendar year, which report shall include a complete finan-
50 cial statement setting forth its assets, liabilities, income and operating
51 expense as of the end of such calendar year. At the time of filing the report,
52 the agency shall publish in a newspaper of general circulation in the commu-
53 nity a notice to the effect that such report has been filed with the munici-
54 pality and that the report is available for inspection during business hours
55 in the office of the city clerk or county recorder and in the office of the
3
1 agency.
2 (d) An urban renewal agency shall have the same fiscal year as a munici-
3 pality and shall be subject to the same audit requirements as a municipality.
4 An urban renewal agency shall be required to prepare and file with its local
5 governing body an annual financial report and shall prepare, approve and adopt
6 an annual budget for filing with the local governing body, for informational
7 purposes. A budget means an annual estimate of revenues and expenses for the
8 following fiscal year of the agency.
9 (e) An urban renewal agency shall comply with the public records law pur-
10 suant to chapter 3, title 9, Idaho Code, open meetings law pursuant to chapter
11 23, title 67, Idaho Code, the ethics in government law pursuant to chapter 7,
12 title 59, Idaho Code, and the competitive bidding provisions of chapter 28,
13 title 67, Idaho Code.
STATEMENT OF PURPOSE
RS 16674
The purpose of this legislation is to update specific
sections of Idaho Code that govern Idaho in the area of urban
renewal. This amendment will modify Idaho Code section 50-2006
to allow for the election of urban renewal board members, terms
of office, eligibility and the filling of vacancies.
FISCAL NOTE
No impact on the General Fund
Contact
Name: Rep. Jim Clark
Phone: 332-1000
Senator Michael Jorgenson
STATEMENT OF PURPOSE/FISCAL NOTE H 47