H 4356 General Bill, By Bailey
 A BILL TO AMEND SECTION 6-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE IMPOSITION OF FEES NECESSARY TO IMPLEMENT THE PROVISIONS
 OF CHAPTER 9, TITLE 6, SO AS TO DELETE THE PROVISION AUTHORIZING THE GOVERNING
 BODY OF A COUNTY OR MUNICIPALITY TO IMPOSE THESE FEES BY A SIMPLE MAJORITY
 VOTE IF, BEFORE DECEMBER 1, 1998, THE GENERAL ASSEMBLY SPECIFICALLY AMENDS,
 REPEALS, OR OTHERWISE AFFECTS THIS LAW BY DIRECT REFERENCE TO THIS SECTION,
 DELETE THE DATE OF NOVEMBER 30, 1998, AFTER WHICH THE GENERAL ASSEMBLY
 PROVIDES OTHERWISE BY LAW, AND DETERMINES HOW THE FEES MUST AND MUST NOT BE
 USED.

   12/29/99  House  Prefiled
   12/29/99  House  Referred to Committee on Ways and Means
   01/11/00  House  Introduced and read first time HJ-432
   01/11/00  House  Referred to Committee on Ways and Means HJ-432

TO AMEND SECTION 6-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF FEES NECESSARY TO IMPLEMENT THE PROVISIONS OF CHAPTER 9, TITLE 6, SO AS TO DELETE THE PROVISION AUTHORIZING THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY TO IMPOSE THESE FEES BY A SIMPLE MAJORITY VOTE IF, BEFORE DECEMBER 1, 1998, THE GENERAL ASSEMBLY SPECIFICALLY AMENDS, REPEALS, OR OTHERWISE AFFECTS THIS LAW BY DIRECT REFERENCE TO THIS SECTION, DELETE THE DATE OF NOVEMBER 30, 1998, AFTER WHICH THE GENERAL ASSEMBLY PROVIDES OTHERWISE BY LAW, AND DETERMINES HOW THE FEES MUST AND MUST NOT BE USED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 6-9-90 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:

"Section 6-9-90. (A) Notwithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body unless (1) a super majority vote is required by local ordinance, or (2) prior to December 1, 1998, the General Assembly specifically amends, repeals, or otherwise affects this law by direct reference to this section, or (3) after November 30, 1998, (2) the General Assembly provides otherwise by law.

(B) Fees authorized by this chapter must be utilized exclusively for the administration and operation of the building inspection program for the governing body in which they are collected.

(C) Fees generated by a building inspection program, but not utilized within the current budget cycle for the governing body in which they are collected, are considered surplus funds. All surplus funds must be carried over to the next budget cycle for the governing body and be added to the budget for the building inspection program."

SECTION 2. This act takes effect upon approval by the Governor.