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Senate Study Bill 1238

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  6C.1  STATE AND LOCAL FINANCIAL
  1  2 ASSISTANCE PROHIBITED.
  1  3    Effective for the fiscal year beginning July 1, 2003, and
  1  4 for all subsequent fiscal years, financial assistance programs
  1  5 authorized by state statute or local ordinance that are
  1  6 related to infrastructure, economic development, or community
  1  7 development, betterment, or expansion shall be unavailable in
  1  8 those counties and cities that have not adopted a
  1  9 comprehensive plan pursuant to section 335.5 or 414.3, as
  1 10 applicable.  If a county or city has adopted a comprehensive
  1 11 plan, such financial assistance shall not be available if the
  1 12 project is not consistent with the use contemplated by the
  1 13 comprehensive plan for the area.
  1 14    Sec. 2.  NEW SECTION.  6C.2  PROHIBITION ON ANNEXATION AND
  1 15 OTHER DEVELOPMENT ACTIONS.
  1 16    1.  Beginning January 1, 2004, if an annexation application
  1 17 or petition filed pursuant to section 368.7 or 368.11 seeks to
  1 18 annex territory and the acquisition of such territory is not
  1 19 contemplated in the comprehensive plan of the city, the
  1 20 annexation application or petition shall be dismissed by the
  1 21 city council or the city development board, as appropriate.
  1 22    2.  Beginning January 1, 2004, a county shall not issue any
  1 23 permits, authorizations, or approvals necessary for the
  1 24 subdivision and partitioning of, or construction on, any land
  1 25 located in the unincorporated areas of the county if such
  1 26 development actions are not contemplated by the comprehensive
  1 27 plan of the county.  This subsection does not apply to
  1 28 reconstruction or rehabilitation of existing buildings or
  1 29 structures and new construction, reconstruction, or
  1 30 rehabilitation of agricultural buildings.
  1 31    Sec. 3.  Section 368.7, Code 2001, is amended by adding the
  1 32 following new subsection:
  1 33    NEW SUBSECTION.  5.  An annexation application shall be
  1 34 dismissed if such application is prohibited pursuant to
  1 35 section 6C.2.
  2  1    Sec. 4.  Section 368.11, Code 2001, is amended by adding
  2  2 the following new unnumbered paragraph:
  2  3    NEW UNNUMBERED PARAGRAPH.  An annexation petition shall be
  2  4 dismissed if such petition is prohibited pursuant to section
  2  5 6C.2.  
  2  6                           EXPLANATION
  2  7    This bill provides that state or local financial assistance
  2  8 related to infrastructure, economic development, or community
  2  9 development, betterment, or expansion shall not be allowed in
  2 10 those counties and cities that have not adopted a
  2 11 comprehensive zoning plan.  If a county or city has adopted a
  2 12 comprehensive zoning plan, such assistance shall not be
  2 13 available if the project in question is not consistent with
  2 14 the use for the area contemplated by the comprehensive plan.
  2 15 This portion of the bill applies to fiscal years beginning
  2 16 July 1, 2003, and all subsequent fiscal years.
  2 17    The bill also provides that voluntary and involuntary
  2 18 annexations are prohibited if acquisition of the territory to
  2 19 be annexed is not contemplated in the comprehensive plan of
  2 20 the annexing city.  The bill prohibits a county from issuing
  2 21 any permits or other development authorizations if the
  2 22 development actions are not contemplated in the comprehensive
  2 23 plan of the county.  This portion of the bill is effective
  2 24 January 1, 2004.  
  2 25 LSB 2793SC 79
  2 26 sc/cf/24
     

Text: SSB01237                          Text: SSB01239
Text: SSB01200 - SSB01299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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