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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
]]]] 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
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