Current Status Bill Number:3869 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970409 Primary Sponsor:Koon All Sponsors:Koon Drafted Document Number:jic\5466htc.97 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:School district trustees, to impose one-time capital cost impact fee on residences constructed or set up in district
Body Date Action Description Com Leg Involved
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House 19970409 Introduced, read first time, 21 HEPW
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-126 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 ACT.
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 59-17-126. (A) 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 less than one thousand dollars nor more than two thousand five hundred dollars and must be imposed uniformly on all residential property to which it applies. Eighty-five percent of these capital cost impact fees must be used exclusively for new school building construction in the district, and the remainder must be used to provide new water and sewer lines to new subdivisions 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.
(B) 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 four school years has had at least an annual growth of five hundred or more in student enrollment as measured by average daily membership; and
(b) which has a board of trustees exercising fiscal autonomy.
(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)."
SECTION 2. This act takes effect upon approval by the Governor.