2007 Legislation
Print Friendly

HOUSE BILL NO. 191 – Taxing dist, fee increase

HOUSE BILL NO. 191

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



H0191...............................................by REVENUE AND TAXATION
TAXING DISTRICTS - FEES - Amends existing law to provide that no taxing
district may make a decision approving a fee increase that is in excess of
five percent of the amount of the fee last collected or a decision imposing
a new fee unless it holds a hearing on such fee increase; and to provide
for notice of intent to make a decision on a proposed fee increase that is
in excess of five percent of the amount of fees last collected.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Rev/Tax
02/16    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Lake, Nonini, Wills, Wood(35)
    Floor Sponsor - Loertscher
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Loc Gov
03/09    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bastian
    Floor Sponsor - Hill
    Title apvd - to House
03/16    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 159
         Effective: 01/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 191
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FEE INCREASES OF  TAXING  DISTRICTS;  AMENDING  SECTION  63-1311A,
  3        IDAHO CODE, TO PROVIDE THAT NO TAXING DISTRICT MAY MAKE A DECISION APPROV-
  4        ING  A FEE INCREASE THAT IS IN EXCESS OF FIVE PERCENT OF THE AMOUNT OF THE
  5        FEE LAST COLLECTED OR A DECISION IMPOSING A NEW  FEE  UNLESS  IT  HOLDS  A
  6        HEARING  ON SUCH FEE INCREASE, TO PROVIDE FOR NOTICE OF ITS INTENT TO MAKE
  7        A DECISION ON A PROPOSED FEE INCREASE THAT IS IN EXCESS OF FIVE PERCENT OF
  8        THE AMOUNT OF FEES LAST  COLLECTED  AND  TO  MAKE  TECHNICAL  CORRECTIONS;
  9        DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Section 63-1311A, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        63-1311A.  ADVERTISEMENT OF AND HEARING ON FEE INCREASES. No  taxing  dis-
 14    trict may make a decision approving a fee increase that exceeds one hundred is
 15    in  excess  of five per cent percent (105%) of the amount of the fee last col-
 16    lected or a decision imposing a new fee, unless it first holds a hearing  upon
 17    such  proposed  fee increase or fee imposition at a regular or special meeting
 18    of the district's governing body and after it  gives  public  notice  of  such
 19    hearing  in  the  manner provided in this section. Any taxing district that is
 20    required to hold a hearing and give public notice of the hearing  as  provided
 21    in this section, and which fails to do so, shall have the validity of all or a
 22    portion of the fee increase that it collects be voidable.
 23        The taxing district shall give public notice of its intent to make a deci-
 24    sion on a proposed fee increase, that exceeds one hundred is in excess of five
 25    per  cent  percent  (105%)  of the amount of fees last collected prior to such
 26    decision, or a decision to impose a new fee by giving public notice either  by
 27    advertising  in at least one (1) newspaper as defined in section 60-106, Idaho
 28    Code, or by holding three (3) public meetings in three (3) different locations
 29    in the district or by a single mailing notice to all district residents,  pro-
 30    viding  that  the same information is given and providing the meeting shall be
 31    held not less than seven (7) days after mailing of the notice.  An  advertise-
 32    ment  used  to satisfy the requirements of this section shall be run once each
 33    week for the two (2)  weeks  preceding  the  week  during  which  the  hearing
 34    required  by this section will be held. The advertisement shall state that the
 35    taxing district will meet on a certain day, time and place fixed in the adver-
 36    tisement, for the purpose of hearing public comments  regarding  any  proposed
 37    fee  increase beyond the limits prescribed by this section, or imposition of a
 38    new fee and to explain the reasons for such action.
                                                                        
 39        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 40    declared to exist, this act shall be in full force and effect on and after its
 41    passage and approval, and retroactively to January 1, 2007.

Statement of Purpose / Fiscal Impact




                       STATEMENT OF PURPOSE

                            RS 17001

The purpose of this legislation is to make it clear that in
the event a taxing district proposes a fee increase in excess of
five percent of the amount of the fee last collected, a hearing
on the proposed increase must be held.


                          FISCAL IMPACT
None





Contact        
Name: Rep. Tom Loertscher 
Phone: 208-332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 191