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H0780...............................................by REVENUE AND TAXATION DEVELOPMENT IMPACT FEES - Amends existing law to revise the procedure for the imposition of development impact fees; to increase the number of years that a governmental entity may hold development impact fees before expending them from five to eight years; and to increase the maximum number of years that collected development impact fees may be held from eight to eleven years before they need to be expended. 03/07 House intro - 1st rdg - to printing 03/08 Rpt prt - to Rev/Tax 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 62-0-8 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood NAYS -- None Absent and excused -- Bell, Crow, Ellsworth, Jaquet, McGeachin, Raybould, Stevenson, Mr. Speaker Floor Sponsor - Henderson Title apvd - to Senate 03/21 Senate intro - 1st rdg - to Loc Gov 03/24 Rpt out - rec d/p - to 2nd rdg 03/27 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark), Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Jorgenson Title apvd - to House 03/29 To enrol 03/30 Rpt enrol - Sp signed 03/31 Pres signed - To Governor 03/31 Governor signed Session Law Chapter 321 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 780 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO DEVELOPMENT IMPACT FEES; AMENDING SECTION 67-8206, IDAHO CODE, TO 3 REVISE THE PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES; AND 4 AMENDING SECTION 67-8210, IDAHO CODE, TO INCREASE THE NUMBER OF YEARS THAT 5 A GOVERNMENTAL ENTITY MAY HOLD DEVELOPMENT IMPACT FEES BEFORE EXPENDING 6 THEM AND TO INCREASE THE MAXIMUM NUMBER OF YEARS THAT COLLECTED DEVELOP- 7 MENT IMPACT FEES MAY BE HELD OTHER THAN FEES FOR WASTEWATER COLLECTION, 8 TREATMENT AND DISPOSAL AND DRAINAGE FACILITIES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 67-8206, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-8206. PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES. (1) A 13 development impact fee shall be imposed by a governmental entity in compliance 14 with the provisions set forth in this section. 15 (2) A capital improvements plan shall be developed in coordination with 16 the development impact fee advisory committee utilizing the land use assump- 17 tions most recently adopted by the appropriate land use planning agency or 18 agencies. 19 (3)At least one (1) public hearing shall be heldA governmental entity 20 that seeks to consider adoption, amendment, or repeal of a capital improve- 21 ments plan shall hold at least one (1) public hearing.Two (2) notices, at22least one (1) week apart,The governmental entity shall publish a notice of 23 the time, place and purpose of the hearingshall be publishedor hearings not 24lessfewer than fifteen (15) nor more than thirty (30) days before the sched- 25 uled date of the hearing, in a newspaper of general circulation within the 26 jurisdiction of the governmental entity.A second notice of the hearing on27adoption of the capital improvements plan, containing the same information,28shall be published in the same manner at least seven (7) days before the29scheduled date of the hearing.Such notices shall also include a statement 30 that the governmental entity shall make available to the public, upon request, 31 the following: proposed land use assumptions, a copy of the proposed capital 32 improvements plan or amendments thereto, and a statement that any member of 33 the public affected by the capital improvements plan or amendments shall have 34 the right to appear at the public hearing and present evidence regarding the 35 proposed capital improvements plan or amendments. The governmental entity 36 shall send notice of the intent to hold a public hearing by mail to any person 37 who has requested in writing notification of the hearing date at least fifteen 38 (15) days prior to the hearing date, provided that the governmental entity may 39 require that any person making such request renew the request for notifica- 40 tion, not more frequently than once each year, in accordance with a schedule 41 determined by the governmental entity, in order to continue receiving such 42 notices. 43 (4) If the governmental entity makes a material change in the capital 2 1 improvements plan or amendment, further notice and hearing may be provided 2 before the governmental entity adopts the revision if the governmental entity 3 makes a finding that further notice and hearing are required in the public 4 interest. 5 (5)FollowingEither following or concurrently with adoption of the ini- 6 tial or amended capital improvements plan, a governmental entity shall conduct 7 a public hearing to consider adoption of an ordinance authorizing the imposi- 8 tion of development impact fees or any amendment thereof. Notice of the hear- 9 ing shall be provided in the same manner as set forth in subsection (3) of 10 this section for adoption of a capital improvements plan, and such hearing, at 11 the option of the governmental entity, may be combined with the public hearing 12 held to adopt, amend or repeal the capital improvements plan. 13 (6) Nothing contained in this section shall be construed to alter the 14 procedures for adoption of an ordinance by the governmental entity. Provided, 15 however, a development impact fee ordinance shall not be adopted as an emer- 16 gency measure but may be read for the first and second times on successive 17 days prior to the public hearing to consider its adoption and shall not take 18 effectearliersooner than thirty (30) dayssubsequent tofollowing its adop- 19 tion. 20 SECTION 2. That Section 67-8210, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-8210. EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES. 23 (1) An ordinance imposing development impact fees shall provide that all 24 development impact fee funds shall be maintained in one (1) or more interest- 25 bearing accounts within the capital projects fund. Accounting records shall be 26 maintained for each category of system improvements and the service area in 27 which the fees are collected. Interest earned on development impact fees shall 28 be considered funds of the account on which it is earned, and not funds sub- 29 ject to section 57-127, Idaho Code, and shall be subject to all restrictions 30 placed on the use of development impact fees under the provisions of this 31 chapter. 32 (2) Expenditures of development impact fees shall be made only for the 33 category of system improvements and within or for the benefit of the service 34 area for which the development impact fee was imposed as shown by the capital 35 improvements plan and as authorized in this chapter. Development impact fees 36 shall not be used for any purpose other than system improvement costs to cre- 37 ate additional improvements to serve new growth. 38 (3) As part of its annual audit process, a governmental entity shall pre- 39 pare an annual report: 40 (a) Describing the amount of all development impact fees collected, 41 appropriated, or spent during the preceding year by category of public 42 facility and service area; and 43 (b) Describing the percentage of tax and revenues other than impact fees 44 collected, appropriated or spent for system improvements during the pre- 45 ceding year by category of public facility and service area. 46 (4) Collected development impact fees must be expended withinfiveeight 47 (58) years from the date they were collected, on a first-in, first-out (FIFO) 48 basis, except that the development impact fees collected for wastewater col- 49 lection, treatment and disposal and drainage facilities must be expended 50 within twenty (20) years. Any funds not expended within the prescribed times 51 shall be refunded pursuant to section 67-8211, Idaho Code. A governmental 52 entity may hold the fees for longer thanfiveeight (58) years if it identi- 53 fies, in writing: 3 1 (a) A reasonable cause why the fees should be held longer thanfiveeight 2 (58) years; and 3 (b) An anticipated date by which the fees will be expended but in no 4 event greater thaneighteleven (811) years from the date they were col- 5 lected.
STATEMENT OF PURPOSE RS 16194 This legislation amends Section 67-8206, Idaho Code, to revise and simplify the procedures for the imposition of development impact fees. It also extends the number of years a governmental entity may hold development impact fees before expending them. FISCAL IMPACT There is no fiscal impact on the State of Idaho. Contact Name: Rep, Frank N. Henderson Phone: 332-1239 Rep. Bob Nonini, 332-1206 STATEMENT OF PURPOSE/FISCAL NOTE H 780