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Bill 588

                    Current Status

Bill Number:                      588
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010417
Primary Sponsor:                  Grooms
All Sponsors:                     Grooms
Drafted Document Number:          l:\council\bills\gjk\20391sd01.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          School districts, trustees may impose 
                                  one-time capital cost impact fee on residences 
                                  constructed or set up in district


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010417  Introduced, read first time,           06 SF
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-125 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO IMPOSE A ONE-TIME CAPITAL COST IMPACT FEE ON RESIDENCES CONSTRUCTED OR SET UP IN THE DISTRICT, TO PROVIDE LIMITATIONS ON THESE FEES AND FOR THEIR USE AND PAYMENT, AND TO DEFINE "RESIDENTIAL PROPERTY" AND "SCHOOL DISTRICT" FOR PURPOSES OF THIS SECTION.

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

SECTION 1. Chapter 17, Title 59 of the 1976 Code is amended by adding:

"Section 59-17-125. (A) As used in this section:

(1) 'residential property' means a separate structure built or manufactured to house a single family located or set up on a lot, whether site built or, in the case of manufactured or modular housing, towed to the site and set up;

(2) 'school district' means a school district:

(a) that in the most recently completed three school years has had at least an annual growth rate of four percent in student enrollment as measured by average daily membership; and

(b) which has a board of trustees exercising complete or limited fiscal autonomy.

(B) The board of trustees of a school district may by resolution adopted by at least a two-thirds majority vote impose a one-time capital cost impact fee on the construction or set up of residential property in the district. Any fee imposed must not be more than two thousand five hundred dollars and must be imposed uniformly on all residential property to which it applies. These capital cost impact fees must be used exclusively for new school building construction and adding portable classrooms in the district. The fee must be paid to the county treasurer and credited to a separate fund for the use provided by law. The treasurer shall issue a receipt for the fee which must be presented to the electric utility serving the property before permanent electrical service may be provided to the property.

(C)(1) The fee must be paid after a final inspection and certificate of occupancy has been granted on the property.

(2) The fee is due and payable from the person required to make the application required pursuant to Section 12-43-220(c).

(D) The fee if imposed and not paid shall constitute a lien on the real property to which it applies and may be collected in the same manner unpaid ad valorem property taxes on such property may be collected."

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

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