H*4566 Session 112 (1997-1998)
H*4566(Rat #0460, Act #0335 of 1998) General Bill, By Klauber and Scott
A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES
LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT
BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE
MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL
ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
02/04/98 House Introduced and read first time HJ-7
02/04/98 House Referred to Committee on Labor, Commerce and
Industry HJ-7
03/25/98 House Committee report: Favorable Labor, Commerce and
Industry HJ-14
03/26/98 House Read second time HJ-14
03/26/98 House Unanimous consent for third reading on next
legislative day HJ-16
03/27/98 House Read third time and sent to Senate HJ-2
03/31/98 Senate Introduced and read first time SJ-12
03/31/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-12
05/14/98 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-16
05/26/98 Senate Read second time SJ-19
05/26/98 Senate Ordered to third reading with notice of
amendments SJ-19
05/27/98 Senate Read third time and enrolled SJ-92
06/04/98 Ratified R 460
06/09/98 Signed By Governor
06/09/98 Effective date 06/09/98
06/17/98 Copies available
06/17/98 Act No. 335
(A335, R460, H4566)
AN ACT TO AMEND SECTION 31-3-500, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF
SURPLUS REAL PROPERTY UNDER THE HOUSING
AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING
THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE
CONSIDERED SURPLUS TO ITS NEEDS WHERE THE
AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN
DETERMINATIONS REGARDING THE REAL ESTATE, EVEN
THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS
ORIGINAL PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
Housing authority's real estate not "surplus to its needs"; etc.
SECTION 1. Section 31-3-500 of the 1976 Code is amended to read:
"Section 31-3-500. (A) Whenever an authority created pursuant to
this chapter or Chapter 11 determines that real property acquired in
accordance with this chapter, Chapter 10, or Chapter 11 of this title is
surplus to its needs, it may so declare by resolution of its commissioners
and proceed to sell the real property at public sale; provided that the sale
has the prior approval of the council of the city for which the authority
was created and that the approval by the council is given only after a
public hearing on the proposed sale.
(B) As used in subsection (A), an authority's real estate shall not be
considered 'surplus to its needs' where the authority's commissioners have
determined that, although the real estate is no longer needed for its
original purpose, the real estate:
(1) is suitable for use by the authority for its other purposes or
programs, including any home ownership program which provides for the
sale of dwellings to persons of low income; provided that the home
ownership program has received the prior approval of the council of the
city for which the authority was created;
(2) is desired for use by another state or local public body for its
own public projects or programs, and the authority's commissioners have
determined that the real estate should be conveyed to the other public
body; provided that the sale or exchange, with or without consideration,
has received the prior approval of the council of the city for which the
authority was created; or
(3) is permitted to be sold or exchanged by the laws of this State in
the implementation of any slum clearance or redevelopment project;
provided that the sale or exchange has received the prior approval of the
council of the city for which the authority was created."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 9th day of June, 1998. |