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H0677...............................................by REVENUE AND TAXATION SCHOOL DISTRICTS - IMPACT FEES - Amends existing law to authorize school districts to impose an impact fee on new residential construction within the district; to provide that the impact fee be collected when a building permit is issued; and to allow the board of trustees of a school district to adopt a motion to provide for the collection of an impact fee when building permits are issued within the school district. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/17 To Gen Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 677 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO BUILDING PERMITS; AMENDING SECTION 39-4112, IDAHO CODE, TO AUTHOR- 3 IZE SCHOOL DISTRICTS TO IMPOSE AN IMPACT FEE ON NEW RESIDENTIAL CONSTRUC- 4 TION WITHIN THE DISTRICT, TO PROVIDE THAT THE IMPACT FEE BE COLLECTED WHEN 5 A BUILDING PERMIT IS ISSUED AND TO PROVIDE PROCEDURES; AND AMENDING SEC- 6 TION 33-601, IDAHO CODE, TO ALLOW THE ADOPTION OF A MOTION TO PROVIDE FOR 7 THE COLLECTION OF AN IMPACT FEE WHEN BUILDING PERMITS ARE ISSUED WITHIN 8 THE SCHOOL DISTRICT. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 39-4112, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-4112. MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION -- IMPACT 13 FEES FOR SCHOOLS. (1) Building permit fees shall be as established by rules 14 promulgated by the board and shall be the maximum fee in areas where school 15 districts have not adopted an impact fee. Until such rules are effective and 16 in areas where school districts have not adopted an impact fee, building per- 17 mit fees based on total value of the construction shall not exceed those given 18 in table 3-A, Uniform Building Code, 1985. 19 (2) The board of trustees of a school district, including specially char- 20 tered districts, is authorized to adopt a motion and impose an impact fee of 21 up to two dollars and fifty cents ($2.50) per square foot on all new residen- 22 tial construction occurring within the boundaries of the school district. For 23 purposes of this section, the term "new residential construction" shall mean 24 erection of structures which previously did not exist and which will provide 25 additional housing structures within the school district. Remodeling of an 26 existing structure shall not be subject to the fee imposed in this section, 27 provided that such remodeling does not increase the livable capacity of the 28 structure. On a motion adopting an impact fee pursuant to this section, the 29 board shall specify the amount of the impact fee per square foot and the dura- 30 tion of the impact fee, if any. The board of trustees shall forward a copy of 31 its motion to the government entity or entities charged with issuing building 32 permits in the school district. When a building permit is issued, the issuing 33 entity shall collect the impact fee provided in this subsection and remit it 34 to the school district imposing the fee. The school district shall utilize 35 such funds first to abate unsafe school facility conditions identified pursu- 36 ant to chapter 80, title 39, Idaho Code, and second to retire any school dis- 37 trict bonded indebtedness. Any moneys remaining after the expenditure of such 38 funds shall be deposited in the school plant facilities reserve fund created 39 pursuant to section 33-901, Idaho Code. The school district shall allow the 40 entity issuing the building permit to keep a reasonable fee for processing and 41 forwarding funds to the school district, but in no instance shall this fee be 42 in excess of one-half of one percent (0.5%) of moneys collected. 2 1 SECTION 2. That Section 33-601, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 4 SAME. The board of trustees of each school district shall have the following 5 powers and duties: 6 1. To rent to or from others, school buildings or other property used, or 7 to be used, for school purposes. 8 2. To contract for the construction, repair, or improvement of any real 9 property, or the acquisition, purchase or repair of any equipment, or other 10 personal property necessary for the operation of the school district. 11 Except for the purchase of curricular materials as defined in section 12 33-118A, Idaho Code, such contract shall be executed in accordance with the 13 provisions of chapter 28, title 67, Idaho Code. 14 3. To designate and purchase any real property necessary for school pur- 15 poses or in the operation of the district, or remove any building, or dispose 16 of any real property. Prior to, but not more than one (1) year prior to, any 17 purchase or disposal of real property, the board shall have such property 18 appraised by an appraiser certified in the state of Idaho, which appraisal 19 shall be entered in the records of the board of trustees, and shall be used to 20 establish the value of the real property. The board of trustees shall deter- 21 mine the size of the site necessary for school purposes. The site shall be 22 located within the incorporated limits of any city within the district; pro- 23 vided, however, that if the board finds that it is not in the best interests 24 of the electors and the students of the district to locate the site within the 25 incorporated limits of a city, the board, by duly adopted resolution setting 26 forth the reasons for its finding, may designate a site located elsewhere 27 within the district. In elementary school districts, except upon removal for 28 highway purposes, a site may be designated or changed only after approval of 29 two-thirds (2/3) or more of the electors voting at the annual meeting. 30 4. (a) To convey, except as provided by paragraph (b) of this subsection, 31 by deed, bill of sale, or other appropriate instrument, all of the estate 32 and interest of the district in any property, real or personal. In elemen- 33 tary school districts, except such conveyance as is authorized by subsec- 34 tion 6. of this section, any of the transactions authorized in this sub- 35 section shall be subject to the approval of two-thirds (2/3) or more of 36 the electors voting at the annual meeting. 37 Prior to such sale or conveyance, the board shall have the property 38 appraised pursuant to this section, which appraisal shall be entered in 39 the records of the board of trustees. The property may be sold at public 40 auction or by sealed bids, as the board of trustees shall determine, to 41 the highest bidder. Such property may be sold for cash or for such terms 42 and conditions as the board of trustees shall determine for a period not 43 exceeding ten (10) years, with the annual rate of interest on all deferred 44 payments not less than seven percent (7%) per annum. The title to all 45 property sold on contract shall be retained in the name of the school dis- 46 trict until full payment has been made by the purchaser, and title to all 47 property sold under a note and mortgage or deed of trust shall be trans- 48 ferred to the purchaser at the point of sale under the terms and condi- 49 tions of the mortgage or deed of trust as the board of trustees shall 50 determine. Notice of the time and the conditions of such sale shall be 51 published twice, and proof thereof made, in accordance with subsections g. 52 and h. of section 33-402, Idaho Code, except that when the appraised value 53 of the property is less than one thousand dollars ($1,000), one (1) single 54 notice by publication shall be sufficient and the property shall be sold 3 1 by sealed bids or at public auction. 2 The board of trustees may accept the highest bid, may reject any bid, 3 or reject all bids. If the real property was donated to the school dis- 4 trict the board may, within a period of one (1) year from the time of the 5 appraisal, sell the property without additional advertising or bidding. 6 Otherwise, the board of trustees must have new appraisals made and again 7 publish notice for bids, as before. If, thereafter, no satisfactory bid is 8 made and received, the board may proceed under its own direction to sell 9 and convey the property. In no case shall any real property of the school 10 district be sold for less than its appraisal. 11 The board of trustees may sell personal property, with an estimated 12 value of less than one thousand dollars ($1,000), without appraisal, by 13 sealed bid or at public auction, provided that there has been not less 14 than one (1) published advertisement prior to the sale of said property. 15 If the board, by a unanimous vote of those members present, finds that the 16 property has an estimated value of less than five hundred dollars ($500) 17 and is of insufficient value to defray the costs of arranging a sale, the 18 property may be disposed of in the most cost-effective and expedient man- 19 ner by an employee of the district empowered for that purpose by the 20 board. 21 (b) Real and personal property may be exchanged hereunder for other prop- 22 erty. Provided, however, that aside from the provisions of this paragraph, 23 any school district may by a vote of one-half (1/2) plus one (1) of the 24 members of the full board of trustees, by resolution duly adopted, author- 25 ize the transfer or conveyance of any real or personal property owned by 26 such school district to the government of the United States, any city, 27 county, the state of Idaho, any hospital district organized under chapter 28 13, title 39, Idaho Code, any other school district, any library district, 29 any community college district, or any recreation district, with or with- 30 out any consideration accruing to the school district, when in the judg- 31 ment of the board of trustees it is for the interest of such school dis- 32 trict that said transfer or conveyance be made. Prior to any transfer or 33 conveyance of any real or personal property pursuant to this paragraph 34 4.(b), the board shall have the property appraised by an appraiser certi- 35 fied in the state of Idaho, which appraisal shall be entered in the 36 records of the board of trustees, and shall be used to establish the value 37 of the real or personal property. 38 5. To enter into contracts with any city located within the boundaries of 39 the school district for the joint purchase, construction, development, mainte- 40 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 41 reational facilities upon property owned either by the school district or the 42 city. 43 6. To convey rights-of-way and easements for highway, public utility, and 44 other purposes over, upon or across any school property and, when necessary to 45 the use of such property for any such purpose, to authorize the removal of 46 school buildings to such new location, or locations, as shall be determined by 47 the board of trustees, and such removal shall be made at no cost or expense to 48 the school district. 49 7. To authorize the use of any school building of the district as a com- 50 munity center, or for any public purpose, and to establish a policy of 51 charges, if any, to be made for such use. 52 8. To exercise the right of eminent domain under the provisions of chap- 53 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 54 tion 7-701, Idaho Code. 55 9. If there is a great public calamity, such as an extraordinary fire, 4 1 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 2 gency work to prepare for national or local defense, or it is necessary to do 3 emergency work to safeguard life, health or property, the board of trustees 4 may pass a resolution declaring that the public interest and necessity demand 5 the immediate expenditure of public money to safeguard life, health or prop- 6 erty. Upon adoption of the resolution, the board may expend any sum required 7 in the emergency without compliance with this section. 8 10. To adopt a motion providing for the collection of a school district 9 impact fee pursuant to section 39-4112, Idaho Code, for the purpose of provid- 10 ing school facilities.
STATEMENT OF PURPOSE RS 16043C1 This legislation allows school districts to impose an impact fee on new residential construction. The revenue will first be used to abate unsafe school facilities and then to retire school district bonded indebtedness. FISCAL NOTE None to the general fund. Contact Name: Rep. Lake Phone: 332-1000 Rep. Moyle Rep. Clark Sen. Keough STATEMENT OF PURPOSE/FISCAL NOTE H 677