1st Sub.
H.B.
259
CHANGES TO IMPACT FEES
senate floor
Amendments
Amendment 3 March 6, 2009 8:27 am
Senator Howard A. Stephenson
proposes the following amendments:
1. Page
5, Lines 124 through 126
:
124
{
(c) Notwithstanding any other requirements of this chapter, each local political
125
subdivision shall ensure that each existing impact fee that is charged for any public facility not
126
authorized by Subsection
11-36-102
(12) is repealed by July 1, 1995.
}
(c)(i) Each local political subdivision and private entity shall ensure that each impact fee collected
on or after May 12, 2009 complies with the provisions of this chapter, even if the impact fee was imposed
but not paid before May 12, 2009.
(ii) Subsection (1)(c)(i) does not apply to an impact fee that was paid before May 12, 2009.
2. Page
15, Lines 433 through 434
Senate Committee Amendments
3-4-2009
:
433
[(7)] (6)
(a)
Notwithstanding any other provision of this chapter:
434
{
(a)
}
(i)
a municipality imposing impact fees to fund fire trucks as of the effective date of
3. Page
15, Line 436
Senate Committee Amendments
3-4-2009
:
436
{
(b)
}
(ii)
an impact fee to pay for a public safety facility that is a fire suppression vehicle
4. Page
15, Line 439
Senate Committee Amendments
3-4-2009
:
439
{
(c)
}
(iii)
an impact fee may not be imposed on a school district or charter school for a park,
5. Page
15, Line 441
Senate Committee Amendments
3-4-2009
:
441
{
(d)
}
(iv)
an impact fee may not be imposed on development activity that consists of the
6. Page
15, Line 443
Senate Committee Amendments
3-4-2009
:
443
{
(i)
}
(A)
the school is intended to replace another school, whether on the same or a different
7. Page
15, Line 444a
Senate Committee Amendments
3-4-2009
:
444a
{
(ii)
}
(B)
the new school creates no greater demand or need for public facilities than the
8. Page
15, Lines 445 through 449
Senate Committee Amendments
3-4-2009
:
445
[(ii)]
{
(iii)
}
(C)
.S the new school and the school being replaced are both within:
446
{
(A)
}
(I)
the boundary of the local political subdivision; or
447
{
(B)
}
(II)
the jurisdiction of the private entity; and
448
{
(e)
}
(v)
an impact fee may not be imposed on a school district or charter school unless:
449
{
(i)
}
(A)
the development resulting from the school district or charter school's development
9. Page
15, Line 452
Senate Committee Amendments
3-4-2009
:
452
{
(ii)
}
(B)
the impact fee is calculated to cover only the school district or charter school's
10. Page
15, Line 453
Senate Committee Amendments
3-4-2009
:
453
proportionate share of the cost of those additional system improvements.
(b) If the imposition of an impact fee is not prohibited under Subsection (6)(a)(iv) because the
new school creates a greater demand or need for public facilities than the school being replaced, the
impact fee may be based only on the demand or need that the new school creates for public facilities that
exceeds the demand or need that the school being replaced creates for those public facilities.
Page 1 of 2
hb0259s01.sfa.03.wpd
LRGC
Rrees
Rrees