Actions in the State Legislatures

New Hampshire SB 157

This bill establishes a six-member legislative committee to study several development issues, including vesting of development rights. The bill was introduced in response to the recent New Hampshire Supreme Court decisions in AWL Power, Inc. v. City of Rochester and Monahan-Fortin Properties, LLC v. Town of Hudson, both issued late last year. The bill was enacted in late June, without the signature of Governor Craig Benson.

Illinois HB 528

The state's Counties Code is amended as it relates to school impact fees. In HB 528, the definition of  "public grounds for schools" is expanded to include land or site improvements, which can include school buildings or other infrastructure attributable to the development or subdivision. The bill took effect July 24, 2003, as public law 93-0330.

Bill Updates

Several major pieces of legislation were described in the last issue of LANDS Letter. The following is a progress report:

·         Florida SB 1022, a bill to impose statewide impact fees to pay for schools: died on the calendar last March.

·         Montana SB 368, a "Montana Impact Fee Act," a bill to give local governments the authority to impose impact fees by ordinance: progress halted in April when the bill missed a deadline.

·         Nevada HB 455, a bill to provide for indexed increases to impact fees: bill died in April before making it through any committees.

·         Tennessee HB 855, a bill to allow local governments to rezone by ordinance: bill was scheduled and deferred several times in the State & Local Government Committee before being taken off the calendar in May.

·         New Hampshire HB 649, bill proposed a surcharge on permits to support regional planning activities: passed out of several committees, but did not pass the full House before the end of the session.