Senate advances moratorium on new school impact fees, inserts coordinating clause with Mansell bill

The Utah Senate on Tuesday debated and advanced second substitute House Bill 32, a measure that places a moratorium on school impact fees while lawmakers study development‑fee frameworks.

Sponsor remarks and coordination clause

Senator Hilliard and other supporters said the bill is intended to give districts and the Legislature time to study how impact fees should be used and to address problems that have arisen in Park City and other districts. The Senate adopted an amendment adding a coordination clause so that if Seventh Substitute Senate Bill 95 (the development‑fees act) also passes, the two measures— provisions would be reconciled and one would supersede the other where they conflict; senators explained the clause was added to avoid legal and administrative uncertainty.

Scope and protections

Supporters emphasized the moratorium would not penalize districts or localities that have already collected fees: "It holds those harmless who have collected it to date," a sponsor said on the floor. Opponents and cautious senators sought clarity on whether the moratorium is limited to jurisdictions that have not yet adopted fees, whether certain emergency or capital facilities would be exempt, and whether the moratorium should be time‑limited or permanent. Senator Mansell and other proponents said the Mansell bill would outright eliminate impact fees, while the garn/HB32 approach creates a study and moratorium; the coordination language was intended to ensure predictable outcomes regardless of which bill ultimately prevails.

Procedure and outcome

Under suspension of the rules, the Senate read the bill for second and third reading and returned it to the House for further consideration after adopting the coordinating amendment; at multiple points senators requested the language be clarified on the floor and later corrected one clause by recall and amendment.

What it means: HB 32 places a moratorium on imposing or collecting school impact fees unless later authorized by the Legislature. The coordinating clause ensures that if Sen. Mansell—s bill (which would eliminate impact fees) passes, the statutory scheme is predictable; if Mansell—s bill fails, HB 32—s moratorium would take effect. Supporters said the arrangement protects existing collections and buys time for studies and negotiations.

Next steps: Because the bill was amended on the floor, it will go back to the House for concurrence or further action; sponsors signaled willingness to continue negotiations and to coordinate with local school districts and stakeholders.

Quote highlights

"Beginning March first of 1995, there'll be a moratorium prohibiting a county, city, town, or school board from imposing or collecting a school impact fee unless authorized by the Legislature by statute," — sponsor summarizing the bill—s effect on the floor.

"It holds those harmless who have collected it to date," — sponsor explaining protections for districts that have already collected impact fees.

Outcome and actions

- Coordination‑clause amendment adopted on the floor to reconcile HB 32 with seventh substitute SB 95 if both pass. - Bill read for second and third time under suspension and sent back to the House for further consideration after floor corrections and a recall to fix the coordinating language.

Authorities referenced

Senators referenced the text of HB 32 and amendments as adopted in the House and in this chamber; no outside statutes were invoked beyond general references to legislative authority over fees and local government practice.

Context: Lawmakers emphasized a desire to resolve a contentious local funding tool while protecting districts that have already collected impact fees; they repeatedly urged continued work and consultation with local governments and sponsors on a final approach.