S*0235(Rat #0002, Act #0099 of 2009)  General Bill, By Rose
 AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER SCHOOL DISTRICT NO. 2
 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. - ratified title

   01/13/09  Senate Introduced, read first time, placed on local &
                     uncontested calendar SJ-191
   01/14/09  Senate Read second time SJ-9
   01/27/09  Senate Read third time and sent to House SJ-25
   01/28/09  House  Introduced and read first time HJ-16
   01/28/09  House  Referred to Committee on Education and Public
                     Works HJ-16
   02/03/09  House  Recalled from Committee on Education and Public
                     Works HJ-20
   02/05/09  House  Amended HJ-20
   02/05/09  House  Read second time HJ-22
   02/05/09  House  Unanimous consent for third reading on next
                     legislative day HJ-22
   02/06/09  House  Read third time and returned to Senate with
                     amendments HJ-1
   02/11/09  Senate Concurred in House amendment and enrolled SJ-41
   02/19/09         Ratified R 2
   02/26/09         Became law without Governor's signature
   03/09/09         Effective date See Act for Effective Date
   07/21/09         Act No. 99

(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.