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

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.