Senate File 311 - Introduced
SENATE FILE
BY JOHNSON
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to counties by authorizing the board of
2 supervisors to establish an alternative government charter
3 commission by resolution and by authorizing a county to impose
4 an impact fee for new construction.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2853SS 81
7 sc/sh/8
PAG LIN
1 1 Section 1. Section 331.232, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. A charter to change a form of county government may be
1 4 submitted to the electors of a county only by a commission
1 5 established by resolution of the board upon its own motion or
1 6 by resolution of the board upon petition of the number of
1 7 eligible electors of the county equal to at least twenty=five
1 8 percent of the votes cast in the county for the office of
1 9 president of the United States or governor at the preceding
1 10 general election or the signatures of at least ten thousand
1 11 eligible electors of the county, whichever number is fewer.
1 12 The board shall within ten days of the filing of a valid
1 13 petition adopt such a resolution.
1 14 Sec. 2. NEW SECTION. 331.309 IMPACT FEES FOR CERTAIN
1 15 TYPES OF DEVELOPMENT == AUTHORIZATION == ELECTION ==
1 16 DISTRIBUTION OF FUNDS.
1 17 1. A county may impose impact fees for new construction
1 18 subject to the provisions of this section.
1 19 2. An impact fee may be imposed only by an ordinance.
1 20 When considering whether to adopt an ordinance imposing an
1 21 impact fee, the board of supervisors shall hold a public
1 22 hearing on the question. Notice of the time and place of the
1 23 hearing shall be published as provided in section 331.305.
1 24 The ordinance imposing an impact fee shall not become
1 25 effective unless approved at a special election called for
1 26 that purpose or at the general election. Notice of the
1 27 election shall be given by publication as prescribed in
1 28 section 49.53 in a newspaper of general circulation in the
1 29 county.
1 30 The proposition shall be stated on the ballot and the full
1 31 text of the ordinance posted for the voters pursuant to
1 32 section 52.25. All absentee voters shall receive the full
1 33 text of the ordinance.
1 34 If a majority of those voting on the proposition approves
1 35 the proposition, the ordinance becomes effective.
2 1 3. An impact fee shall be collected at the time a building
2 2 permit is issued by the city or county for new construction
2 3 and is payable by the person or entity applying for the
2 4 building permit. If the fee is collected by the city, the
2 5 city clerk shall, on or before the tenth day of each month,
2 6 send to the county treasurer the impact fees collected in the
2 7 previous month.
2 8 The ordinance imposing an impact fee shall state the amount
2 9 of the fee to be imposed for each permit for new construction
2 10 issued. An impact fee shall not exceed two thousand dollars
2 11 per building permit.
2 12 4. a. The county may use revenues from collection of
2 13 impact fees for purposes related to maintaining services and
2 14 facilities to accommodate the community expansion caused by
2 15 the development. Such purposes may include, but are not
2 16 limited to, the following:
2 17 (1) Parks, green spaces, recreational trails, and
2 18 recreational facilities.
2 19 (2) Public libraries and museums.
2 20 (3) Hospitals and emergency medical services.
2 21 (4) Fire protection and other emergency services.
2 22 (5) Law enforcement, including jails and detention
2 23 facilities.
2 24 (6) Water and sewer services.
2 25 (7) Schools and education.
2 26 b. The board of supervisors is authorized to transfer
2 27 revenues collected from imposition of impact fees to other
2 28 local governments to fund any of the purposes listed in
2 29 paragraph "a".
2 30 EXPLANATION
2 31 This bill allows a county board of supervisors to establish
2 32 a charter commission to study alternative forms of county
2 33 government by resolution of the board upon its own motion.
2 34 Currently, a charter commission may only be established by
2 35 petition of eligible electors.
3 1 The bill also allows a county to adopt an ordinance
3 2 imposing an impact fee on new construction. The bill provides
3 3 that the ordinance shall not take effect until approved at
3 4 election. The countywide impact fee shall be collected when a
3 5 building permit for new construction is issued. The bill
3 6 limits the amount of the impact fee to $2,000 per building
3 7 permit issued for new construction.
3 8 The bill allows the county to use revenues from the impact
3 9 fees for purposes related to maintaining services and
3 10 facilities to accommodate the community expansion caused by
3 11 the development. The bill authorizes the county to transfer
3 12 impact fee revenues to other local governments to fund those
3 13 purposes.
3 14 LSB 2853SS 81
3 15 sc:rj/sh/8