HOUSE BILL NO. 617

2008 Legislation

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HOUSE BILL NO. 617<br /> – Modified local improvement dist

View Statement of Purpose / Fiscal Impact

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Bill Status


H0617...............................................by REVENUE AND TAXATION
MODIFIED IMPROVEMENT DISTRICTS - Amends existing law relating to local
improvement districts to revise the terms and conditions in the creation of
a modified local improvement district.

03/11    House intro - 1st rdg - to printing
03/12    Rpt prt - 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. 617

                             BY REVENUE AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO LOCAL IMPROVEMENT DISTRICTS; AMENDING SECTION 50-1705, IDAHO CODE,
  3        TO REVISE THE TERMS AND CONDITIONS IN THE CREATION  OF  A  MODIFIED  LOCAL
  4        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, properties may be
 16    included or excluded from the local improvement district regardless of whether
 17    they are specially benefited by the improvements. When such modified  district
 18    is  created,  all property therein shall be assessed for a portion of the cost
 19    and expenses of such improvements, to be determined and fixed by  the  council
 20    when the district is created. Upon notice to all property owners in a modified
 21    district,  and  after  a hearing held not sooner than fourteen (14) days after
 22    the notice, properties may be excluded from a modified district by a  majority
 23    vote  of  the members of the full council of the governing body of the munici-
 24    pality. Properties excluded from the modified local improvement district shall
 25    not be assessed for any portion of the cost and expenses  of  improvements  in
 26    the  modified  district  regardless of whether they are specially benefited by
 27    the improvements.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 18047

The purpose of this legislation is to allow the sponsoring
governing body an option to exclude property owners from a modified
Local Improvement District and address the property assessment. 
The present law 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: Lynn Tominaga, Lindsey Lateral Water Users Association 
Phone: 890-4014


STATEMENT OF PURPOSE/FISCAL NOTE                         H 617