2007 Legislation
Print Friendly

HOUSE BILL NO. 47 – Urban renewal agcy comm, election


View Bill Status

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.

Bill Status

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

Bill Text

  ]]]]              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
  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-
  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
  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 / Fiscal Impact

                           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

Name: Rep. Jim Clark 
Phone: 332-1000
Senator Michael Jorgenson

STATEMENT OF PURPOSE/FISCAL NOTE                          H 47