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TO AMEND CHAPTER 1, TITLE 6 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS REGARDING LOCAL GOVERNMENTS, TO ADD ARTICLE TEN, RELATING TO A ONE TIME CAPITAL COST IMPACT FEE, TO PROVIDE THAT A LOCAL GOVERNING ENTITY MAY, UPON REFERENDUM APPROVAL, IMPOSE A ONE TIME CAPITAL COST IMPACT FEE ON THE CONSTRUCTION OR SET UP OF NEW RESIDENTIAL PROPERTY TO BE USED EXCLUSIVELY FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES, TO ALLOW FOR LOCAL RESIDENTS TO RECEIVE A CREDIT APPLIED AGAINST THE IMPACT FEE, TO PROVIDE THAT THE IMPACT FEE IS PAYABLE TO THE COUNTY TREASURER AS A CONDITION OF RECEIVING A CERTIFICATE OF OCCUPANCY, AND TO PROVIDE FOR THE REFERENDUM TO APPROVE THE IMPACT FEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 6 is amended by adding:
Section 6-1-2100. As used in this article:
(1) 'Governmental Entity' means a county as provided in Chapter 9, Title 4, and a municipality, as defined in Section 5-1-20.
(2) 'Public education facilities' means schools, offices, classrooms, parking areas, playgrounds, libraries, cafeterias, gymnasiums, health and music rooms, computer and science laboratories, and other facilities considered necessary to the proper public education of the state's children.
Section 6-1-2110. (A) A governmental entity, upon referendum approval, may impose a one-time capital cost impact fee on the construction or set up of new residential property within its territorial limits. The fees must be paid to the county treasurer and credited to a separate fund to be used exclusively for construction of new public education facilities within the governmental entity's territorial limits.
(B) A governmental entity may provide a credit to be applied against the fee permitted by this article to a person residing within a governmental entity's territorial limits that purchases and establishes residence in newly constructed residential property within the same governmental entity's territorial limits.
Section 6-1-2120. (A) The fee must be paid after final inspection and before the certificate of occupancy is granted on the property. The fee is due and payable from the person required to make the application required pursuant to Section 12-43-220(c).
(B) The treasurer shall issue a receipt for the fee that must be presented to the electric utility serving the property before permanent electrical service may be provided to the property.
Section 6-1-2130. (A) The governing body of a governmental entity may, by resolution, call for a referendum on the question of implementing a one-time capital cost impact fee on the construction or set up of new residential property within its territorial limits. The county election commission shall conduct the referendum on the question. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the governing body of the governing entity calling for the referendum. The residential development impact fee must not be imposed in the territorial limits of the governmental entity, unless a majority of the qualified electors voting in the referendum approve the question.
(B) The ballot must read substantially as follows:
'Must a _____ percent one-time capital cost impact fee on the construction or set up of new residential property be levied in ______________ be used exclusively for construction of new public education facilities?
(C) A referendum for this purpose must not be held more often than once in twelve months."
SECTION 2. This act takes effect upon approval by the Governor.
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