2006 Legislation
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HOUSE BILL NO. 677 – School dist, impact fees


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 677
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
  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:
 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.
  1        SECTION 2.  That Section 33-601, Idaho Code, be, and the  same  is  hereby
  2    amended to read as follows:
  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
  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,
  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 / Fiscal Impact

                       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. 

Name: Rep. Lake 
Phone: 332-1000
Rep. Moyle
Rep. Clark
Sen. Keough

STATEMENT OF PURPOSE/FISCAL NOTE                         H 677