Reference is to Printer's Date 2/12/15-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be referred to and cited as the "Forfeited Lands Emergency Development Act".
SECTION 2. Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:
"Section 12-59-140.
(A) The county council, the forfeited
land commission of a county, or the county legislative
delegation may petition the Department of Revenue for authority
to use the procedures provided for in this section when the
number and percentage of subdivided properties in the county
that have been bid into the commission have, and are reasonably
continued to have:
(1)
a significant adverse effect on county ad valorem tax
collections that severely affect continued essential public
services in the county; or
(2)
a significant adverse effect on economic development and
employment in the county resulting from the limited number of
properties available for sale and improvement.
(B) The petition to the
Department of Revenue must provide for:
(1)
all necessary documentation to support the past and
anticipated future adverse impacts, including historical data on
the number and percentage of properties bid into the forfeited
land commission;
(2)
the loss of ad valorem tax revenues associated with these
properties;
(3)
the impact of any millage increases imposed by the county
to compensate for such lost ad valorem tax revenues;
(4)
the past and projected future impact on the ability of the
county to deliver essential public services; and
(5)
the past and projected future impact on county development
and employment opportunities.
(C) If the Department
of Revenue approves the petition, the county's forfeited land
commission is authorized to utilize the emergency procedures
contained in this section for a period not to exceed five years
from the date of approval. This authorization may be extended
for additional one-year increments, not to exceed two one-year
extensions. Petitions for extensions must contain the same types
of documentation specified in paragraph (B) of this section.
(D) Notwithstanding any
other provision of law:
(1)
The forfeited land commission of any county may, at its
discretion, establish a revolving fund to pay for its legal and
other expenses. This fund shall be established and maintained by
the county treasurer from a portion of the proceeds of the sale
of forfeited lands in an amount not exceeding fifty percent of
the sale price of any forfeited land, in whole or in part. Legal
and other expenses for which the funds may be expended may not
include compensation to any members of the commission, but may
include:
(a)
compensation of a secretary to the commission in Section
12-59-20;
(b)
payment of legal or other expenses in connection with the
commission's decision to accept or reject a forfeited land to be
held as an asset of the county;
(c)
payment of legal or other expenses in connection with the
commission's decision to obtain clear title to a forfeited land
pursuant to Section 12-61-10;
(d)
payment of a commission to a certified realtor or broker
not to exceed three percent of the sales price of any forfeited
land, in whole or in part; and
(e)
the cost of advertising the sale of forfeited lands,
including the cost of any multiple realty listing established or
provided by commercial realtors or brokers.
(f)
the cost of any clean up of a site, including demolition
and disposal costs, intended to make the property saleable.
(2)
The acquisition of clear title to forfeited lands shall be
considered an industrial or commercial development project under
Chapter 29, Title 4, for which a county council may issue
special revenue bonds for the purpose of initial funding of
revolving funds under this section. Payment of the principal and
interest for such bonds may be made from the proceeds of the
sale of the forfeited lands.
(3)
The forfeited land commission of a county that has
established a revolving fund under this section shall dissolve
or reduce the amount of funds held by the county treasurer in
the fund when it is no longer required for the timely and
effective marketing and sale of forfeited lands or the
expiration of the authorization of the county's legislative
delegation, whichever occurs first. The released funds will be
deposited into the general fund of the county not later than
thirty days from the date of decision by the commission or the
date of the expiration of the authorization and, if necessary,
may be used to complete any payment of principal and interest
remaining from the sale of any special revenue bonds used for
the initial establishment of the revolving fund.
(4)
The authorized representative of a forfeited land
commission that elects to clear tax titles under Section
12-61-10 may bring multiple actions to the court of common pleas
in a single suit, if all of the properties included in the suit
were previously owned by a single, individual, partnership, or
corporation.
(5)
The payment of the expenses of forfeited land commissions
exercising authority under this section shall include the
collection of its expenses as a part of the sale price of
forfeited lands by former owners under Section 12-59-60 and the
disposition of the proceeds of land sales under Section
12-59-100.
(6)
Deductions from 'value' under Section 12-24-30(B) shall
include any lien or encumbrance on realty in possession of a
forfeited land commission which may subsequently be waived or
reduced after the transfer under a signed contract or agreement
between the lien holder and the buyer existing before the
transfer.
(7)
Investments by county treasurers under Section
12-45-220(A) may include sums held by the treasurer on behalf of
a forfeited land commission under this section.
(E) The provisions of
this section do not apply to property for which legal ownership
by the defaulting taxpayer was acquired solely through the laws
of intestacy through more than one generation."
SECTION 3. Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:
"Section 12-59-150. An immediate family member of a county forfeited land commission member may not purchase land from the forfeited land commission on which their relative serves, unless the sale is through a competitive bid process or a listing open to members of the general public which has been made available for at least ten days. For purposes of this section, an immediate family member is a spouse, parent, sibling, or child of a forfeited land commission member."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.