2006 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Marshall R.
Proffers and Impact Fees for Deed Recordation (language only)

Item 64 #1h

Item 64 #1h

Compensation Board

Page 50, after line 42, insert:
"M.  No constitutional officer, Clerk of the Court, deputy clerk, or other person or persons employed by the clerk may record any deed of purchase for a new residence if a transportation impact fee or proffer has not been paid by the developer of such property for the traffic impacts that arise from such new residence.  The amount of the impact fee or proffer is to be determined for each new residential unit constructed in the locality or region until it is determined that the transportation needs serving new residential development in the locality or region are being adequately met and are likely to remain so for at least the next five years.  The fee shall be based on standards and criteria established by the locality, including but not limited to (i) average levels of traffic congestion and vehicle miles traveled by residents in such locality or region, (ii) the pro-rata impact of each additional residential unit on the transportation network, and (iii) the pro-rata impact of each additional residential unit on the costs of improving, expanding, or developing new transportation systems in order to adequately meet the needs of such new development.  The locality shall allocate all fees collected under these provisions to a special account within a Transportation Trust Fund on behalf of and held by the lcoality or localities subject to the fee requirement.  Upon a determination by the locality that the local or regional transportation system is adequate and is likely to remain adequate for at least the next five years, the clerk and others specified above as authorized by law may register such deeds as heretofore allowed without reference to the payment of a transportation fee or transportation proffer."

(This amendment prohibits constitutional officers, clerks, or any person or persons employed by a clerk from recording any deed for the purchase of a new residence unless the developer has paid a transportation impact fee or proffer to cover the costs of the new residence's impact on the local or regional transporation network. If the new residence has no impact on the transportation network, or the locality or region's transporation needs are adequately met and will continue to be met for the next five years, then the clerk or his employees may record the deed without reference to any transportation fee or proffer.)