Print Friendly HOUSE BILL NO. 426 – School dist, impact fees
HOUSE BILL NO. 426
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H0426...............................................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.
01/19 House intro - 1st rdg - to printing
01/20 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 426
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, who shall place such moneys in the
35 school plant facilities reserve fund created pursuant to section 33-901, Idaho
36 Code. The school district shall allow the entity issuing the building permit
37 to keep a reasonable fee for processing and forwarding funds to the school
38 district, but in no instance shall this fee be in excess of one-half of one
39 percent (0.5%) of moneys collected.
40 SECTION 2. That Section 33-601, Idaho Code, be, and the same is hereby
41 amended to read as follows:
1 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
2 SAME. The board of trustees of each school district shall have the following
3 powers and duties:
4 1. To rent to or from others, school buildings or other property used, or
5 to be used, for school purposes.
6 2. To contract for the construction, repair, or improvement of any real
7 property, or the acquisition, purchase or repair of any equipment, or other
8 personal property necessary for the operation of the school district.
9 Except for the purchase of curricular materials as defined in section
10 33-118A, Idaho Code, such contract shall be executed in accordance with the
11 provisions of chapter 28, title 67, Idaho Code.
12 3. To designate and purchase any real property necessary for school pur-
13 poses or in the operation of the district, or remove any building, or dispose
14 of any real property. Prior to, but not more than one (1) year prior to, any
15 purchase or disposal of real property, the board shall have such property
16 appraised by an appraiser certified in the state of Idaho, which appraisal
17 shall be entered in the records of the board of trustees, and shall be used to
18 establish the value of the real property. The board of trustees shall deter-
19 mine the size of the site necessary for school purposes. The site shall be
20 located within the incorporated limits of any city within the district; pro-
21 vided, however, that if the board finds that it is not in the best interests
22 of the electors and the students of the district to locate the site within the
23 incorporated limits of a city, the board, by duly adopted resolution setting
24 forth the reasons for its finding, may designate a site located elsewhere
25 within the district. In elementary school districts, except upon removal for
26 highway purposes, a site may be designated or changed only after approval of
27 two-thirds (2/3) or more of the electors voting at the annual meeting.
28 4. (a) To convey, except as provided by paragraph (b) of this subsection,
29 by deed, bill of sale, or other appropriate instrument, all of the estate
30 and interest of the district in any property, real or personal. In elemen-
31 tary school districts, except such conveyance as is authorized by subsec-
32 tion 6. of this section, any of the transactions authorized in this sub-
33 section shall be subject to the approval of two-thirds (2/3) or more of
34 the electors voting at the annual meeting.
35 Prior to such sale or conveyance, the board shall have the property
36 appraised pursuant to this section, which appraisal shall be entered in
37 the records of the board of trustees. The property may be sold at public
38 auction or by sealed bids, as the board of trustees shall determine, to
39 the highest bidder. Such property may be sold for cash or for such terms
40 and conditions as the board of trustees shall determine for a period not
41 exceeding ten (10) years, with the annual rate of interest on all deferred
42 payments not less than seven percent (7%) per annum. The title to all
43 property sold on contract shall be retained in the name of the school dis-
44 trict until full payment has been made by the purchaser, and title to all
45 property sold under a note and mortgage or deed of trust shall be trans-
46 ferred to the purchaser at the point of sale under the terms and condi-
47 tions of the mortgage or deed of trust as the board of trustees shall
48 determine. Notice of the time and the conditions of such sale shall be
49 published twice, and proof thereof made, in accordance with subsections g.
50 and h. of section 33-402, Idaho Code, except that when the appraised value
51 of the property is less than one thousand dollars ($1,000), one (1) single
52 notice by publication shall be sufficient and the property shall be sold
53 by sealed bids or at public auction.
54 The board of trustees may accept the highest bid, may reject any bid,
55 or reject all bids. If the real property was donated to the school dis-
1 trict the board may, within a period of one (1) year from the time of the
2 appraisal, sell the property without additional advertising or bidding.
3 Otherwise, the board of trustees must have new appraisals made and again
4 publish notice for bids, as before. If, thereafter, no satisfactory bid is
5 made and received, the board may proceed under its own direction to sell
6 and convey the property. In no case shall any real property of the school
7 district be sold for less than its appraisal.
8 The board of trustees may sell personal property, with an estimated
9 value of less than one thousand dollars ($1,000), without appraisal, by
10 sealed bid or at public auction, provided that there has been not less
11 than one (1) published advertisement prior to the sale of said property.
12 If the board, by a unanimous vote of those members present, finds that the
13 property has an estimated value of less than five hundred dollars ($500)
14 and is of insufficient value to defray the costs of arranging a sale, the
15 property may be disposed of in the most cost-effective and expedient man-
16 ner by an employee of the district empowered for that purpose by the
18 (b) Real and personal property may be exchanged hereunder for other prop-
19 erty. Provided, however, that aside from the provisions of this paragraph,
20 any school district may by a vote of one-half (1/2) plus one (1) of the
21 members of the full board of trustees, by resolution duly adopted, author-
22 ize the transfer or conveyance of any real or personal property owned by
23 such school district to the government of the United States, any city,
24 county, the state of Idaho, any hospital district organized under chapter
25 13, title 39, Idaho Code, any other school district, any library district,
26 any community college district, or any recreation district, with or with-
27 out any consideration accruing to the school district, when in the judg-
28 ment of the board of trustees it is for the interest of such school dis-
29 trict that said transfer or conveyance be made. Prior to any transfer or
30 conveyance of any real or personal property pursuant to this paragraph
31 4.(b), the board shall have the property appraised by an appraiser certi-
32 fied in the state of Idaho, which appraisal shall be entered in the
33 records of the board of trustees, and shall be used to establish the value
34 of the real or personal property.
35 5. To enter into contracts with any city located within the boundaries of
36 the school district for the joint purchase, construction, development, mainte-
37 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
38 reational facilities upon property owned either by the school district or the
40 6. To convey rights-of-way and easements for highway, public utility, and
41 other purposes over, upon or across any school property and, when necessary to
42 the use of such property for any such purpose, to authorize the removal of
43 school buildings to such new location, or locations, as shall be determined by
44 the board of trustees, and such removal shall be made at no cost or expense to
45 the school district.
46 7. To authorize the use of any school building of the district as a com-
47 munity center, or for any public purpose, and to establish a policy of
48 charges, if any, to be made for such use.
49 8. To exercise the right of eminent domain under the provisions of chap-
50 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
51 tion 7-701, Idaho Code.
52 9. If there is a great public calamity, such as an extraordinary fire,
53 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
54 gency work to prepare for national or local defense, or it is necessary to do
55 emergency work to safeguard life, health or property, the board of trustees
1 may pass a resolution declaring that the public interest and necessity demand
2 the immediate expenditure of public money to safeguard life, health or prop-
3 erty. Upon adoption of the resolution, the board may expend any sum required
4 in the emergency without compliance with this section.
5 10. To adopt a motion providing for the collection of a school district
6 impact fee pursuant to section 39-4112, Idaho Code, for the purpose of provid-
7 ing school facilities that are needed as the direct result of growth in the
8 school district.
STATEMENT OF PURPOSE
This legislation allows school districts to impose an impact fee
on new residential construction.
None to the general fund. The need for bond issues may be
reduced. The cost of a new home will increase.
Name: Rep. Lake
STATEMENT OF PURPOSE/FISCAL NOTE H 426