SB2033113th GA (Historical)Introduced

Amends TCA Title 67, Chapter 4, Part 29.

After June 20, 2006, present law prohibits a county from being authorized to enact an impact fee on development or a local real estate transfer tax by private or public act. In addition, this provision is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on development. However, this provision does not prevent a municipality or county from exercising any authority to levy or collect similar development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new development from public facilities to public school facilities. A county levying a development tax or impact fee by private act on June 20, 2006, is prohibited from using the authority provided in the County Powers Relief Act so long as the private act is in effect. This bill adds to the present law by clarifying that when the above provision references developments, it is referring to residential developments. This bill also clarifies that the present law does not prohibit a local government from exercising authority to levy or collect a development tax other than a residential development tax granted by a private act that was in effect prior to June 20, 2006.

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Overview

After June 20, 2006, present law prohibits a county from being authorized to enact an impact fee on development or a local real estate transfer tax by private or public act. In addition, this provision is the exclusive authority for local governments to adopt any new or additional adequate facilities taxes on development. However, this provision does not prevent a municipality or county from exercising any authority to levy or collect similar development taxes or impact fees granted by a private act that was in effect prior to June 20, 2006, or from revising the dedicated use and purpose of a tax on new development from public facilities to public school facilities. A county levying a development tax or impact fee by private act on June 20, 2006, is prohibited from using the authority provided in the County Powers Relief Act so long as the private act is in effect. This bill adds to the present law by clarifying that when the above provision references developments, it is referring to residential developments. This bill also clarifies that the present law does not prohibit a local government from exercising authority to levy or collect a development tax other than a residential development tax granted by a private act that was in effect prior to June 20, 2006.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 25, 2024

Subjects
4710

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