HOUSE BILL NO. 518

2008 Legislation

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HOUSE BILL NO. 518<br /> – Local improvement dist, modified

View Statement of Purpose / Fiscal Impact

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Bill Status


H0518...........................................................by BUSINESS
LOCAL IMPROVEMENT DISTRICTS - Amends existing law relating to local
improvement districts to provide additional terms and conditions in the
creation of a modified local improvement district.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to St Aff
02/28    Rpt out - Ref'd to Rev/Tax

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 518

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO LOCAL IMPROVEMENT DISTRICTS; AMENDING SECTION 50-1705, IDAHO CODE,
  3        TO PROVIDE ADDITIONAL TERMS AND CONDITIONS IN THE CREATION OF  A  MODIFIED
  4        LOCAL IMPROVEMENT DISTRICT.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION  1.  That  Section 50-1705, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        50-1705.  MODIFIED DISTRICT. Whenever any local improvement  shall  be  of
  9    such nature and character that the special benefits resulting therefrom extend
 10    beyond the boundaries of the property abutting the improvement or whenever the
 11    special benefits do not accrue to some or all properties abutting the improve-
 12    ments,  but  to  other  properties,  the  council  may create a modified local
 13    improvement district, which shall include as near as may be determined all the
 14    property especially benefited by such improvements. Provided however, that  by
 15    unanimous  agreement  of  the  property owners to be assessed or by a majority
 16    vote of the members of the full council of the governing body of  the  munici-
 17    pality, properties may be included or excluded from the local improvement dis-
 18    trict  regardless of whether they are specially benefited by the improvements.
 19    When such modified district is created, all property therein shall be assessed
 20    for a portion of the cost and expenses of such improvements, to be  determined
 21    and fixed by the council when the district is created. Provided however, prop-
 22    erties  excluded  from  the  modified  local improvement district shall not be
 23    assessed for any portion of the cost and expenses of improvements in the modi-
 24    fied district regardless of  whether  they  are  specially  benefited  by  the
 25    improvements.

Statement of Purpose / Fiscal Impact


                                
                     STATEMENT OF PURPOSE 
                                
                           RS 17874 
                                
The purpose of this legislation is to allow the sponsoring
governing body the ability to include or exclude property owners
and address the property assessment in a modified Local Improvement
District. The present law only allows a modified local improvement
district inclusion or exclusion by unanimous agreement of all
property owners. 
                                
                          FISCAL NOTE 
                                
This legislation will have no fiscal impact on the state. 






Contact 
Name:     Representative Max Black
          Phone: 332-1000 
          Lynn Tominaga, Idaho Ground Water Appropriators 
          381-0294


STATEMENT OF PURPOSE/FISCAL NOTE                       H 518