South Carolina General Assembly
118th Session, 2009-2010

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A99, R2, S235

STATUS INFORMATION

General Bill
Sponsors: Senator Rose
Document Path: l:\s-financ\drafting\mtr\001d2im.dag.mtr.docx

Introduced in the Senate on January 13, 2009
Introduced in the House on January 28, 2009
Last Amended on February 5, 2009
Passed by the General Assembly on February 11, 2009
Became law without Governor's signature, February 26, 2009

Summary: Dorchester County

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/13/2009  Senate  Introduced, read first time, placed on local & 
                        uncontested calendar SJ-191
   1/14/2009  Senate  Read second time SJ-9
   1/27/2009  Senate  Read third time and sent to House SJ-25
   1/28/2009  House   Introduced and read first time HJ-16
   1/28/2009  House   Referred to Committee on Education and Public Works HJ-16
    2/3/2009  House   Recalled from Committee on Education and Public Works 
                        HJ-20
    2/5/2009  House   Amended HJ-20
    2/5/2009  House   Read second time HJ-22
    2/5/2009  House   Unanimous consent for third reading on next legislative 
                        day HJ-22
    2/6/2009  House   Read third time and returned to Senate with amendments 
                        HJ-1
   2/11/2009  Senate  Concurred in House amendment and enrolled SJ-41
   2/19/2009          Ratified R 2
   2/26/2009          Became law without Governor's signature
    3/9/2009          Effective date See Act for Effective Date
   7/21/2009          Act No. 99

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/13/2009
1/13/2009-A
2/3/2009
2/5/2009

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A99, R2, S235)

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER COUNTY SCHOOL DISTRICT NUMBER TWO TO IMPOSE AN IMPACT FEE ON ANY DEVELOPER FOR EACH NEW RESIDENTIAL DWELLING UNIT CONSTRUCTED BY THE DEVELOPER WITHIN THE SCHOOL DISTRICT, TO PROVIDE THAT THE FUNDS ONLY MAY BE USED FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES FOR GRADES K-12 WITHIN THE DISTRICT AND FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON EXISTING OR NEW BONDS ISSUED BY THE DISTRICT, AND TO PROVIDE THAT THE IMPACT FEE SHALL BE SET AT AN AMOUNT NOT TO EXCEED THE COST THAT EACH ADDITIONAL DWELLING UNIT IMPOSES ON THE SCHOOL DISTRICT FOR PUBLIC EDUCATION FACILITIES.

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

Impact fee authorized

SECTION    1.    (A)    The Board of Trustees for Dorchester County School District Number Two may impose an impact fee on any developer for each new residential dwelling unit constructed by the developer within the school district. The fees must be paid to Dorchester County School District Number Two or, pursuant to an agreement, to a county or municipality that pays the fees to Dorchester County School District Number Two, prior to or at the issuance of a certificate of occupancy for a dwelling unit.

(B)    Dorchester County School District Number Two shall maintain the impact fee funds in a separate interest bearing account. All interest earned and accruing to the account must become funds of the account and must be subject to all restrictions placed on the use of impact fees pursuant to the provisions of this article. Accounting records must be maintained for each category of system improvements for which the fee is collected.

(C)    The Board of Trustees for Dorchester County School District Number Two only may appropriate funds from the account for:

(1)    the construction, including preparation costs, of new public education facilities for grades K-12 within Dorchester County School District Number Two; and

(2)    the payment of principal and interest on existing or new bonds issued by Dorchester County School District Number Two for the construction of public education facilities for grades K-12.

(D)    The impact fee may be offset by any other cash payment paid by the developer and obtained by Dorchester County School District Number Two as a result of an agreement between the developer and another governmental entity.

(E)    The Board of Trustees of Dorchester County School District Number Two will reexamine the amount of an impact fee being charged a developer upon receipt of a notice of appeal from the developer. If the notice of appeal is accompanied by a letter of credit in a form satisfactory to the board of trustees in an amount equal to the amount of impact fees owed, the new residential development may receive its certificate of occupancy while the appeal is pending.

(F)    For purposes of this section, 'dwelling unit' means all residential units, including, but not limited to, single family attached, single family detached, duplex, condominium, townhouse, multifamily, apartment, and mobile home, but excluding hotels and motels.

(G)    The district's board of trustees shall set the impact fee at an amount not to exceed two thousand five hundred dollars per dwelling unit.

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and applies to any new residential construction which has not been issued a certificate of occupancy.

Ratified the 19th day of February, 2009.

Became law without the signature of the Governor -- 2/26/09.

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This web page was last updated on Monday, November 23, 2009 at 2:40 P.M.