South Carolina Legislature


 

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H 4191
Session 109 (1991-1992) 

H 4191 General Bill, By Cork and H.H. Keyserling
 A Bill to authorize a municipality to provide for the establishment of a Land
 Bank Commission, provide for the source of funding for the purposes and
 objectives of such Commission, provide for an exemption from the provisions of
 this Act, require and provide for a referendum approving a Land Bank
 Commission before the ordinance establishing such Commission may be
 implemented, provide for future referendums after the initial referendum,
 provide for the repeal of such ordinance without the necessity of referendum
 approval, and provide for the reduction or elimination of the specified
 percentage approved at the referendum provided for in this Act without the
 necessity of referendum approval.

   01/16/92  House  Introduced and read first time HJ-9
   01/16/92  House  Referred to Committee on Judiciary HJ-10
   02/26/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-35
   03/05/92  House  Amended HJ-17
   03/05/92  House  Read second time HJ-17
   03/17/92  House  Read third time and sent to Senate HJ-18
   03/18/92  Senate Introduced and read first time SJ-15
   03/18/92  Senate Referred to Committee on Judiciary SJ-15



AMENDED

March 5, 1992

H. 4191

Introduced by REPS. Cork and Keyserling

S. Printed 3/5/92--H.

Read the first time January 16, 1992.

A BILL

TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAND BANK COMMISSION, PROVIDE FOR THE SOURCE OF FUNDING FOR THE PURPOSES AND OBJECTIVES OF SUCH COMMISSION, PROVIDE FOR AN EXEMPTION FROM THE PROVISIONS OF THIS ACT, REQUIRE AND PROVIDE FOR A REFERENDUM APPROVING A LAND BANK COMMISSION BEFORE THE ORDINANCE ESTABLISHING SUCH COMMISSION MAY BE IMPLEMENTED, PROVIDE FOR FUTURE REFERENDUMS AFTER THE INITIAL REFERENDUM, PROVIDE FOR THE REPEAL OF SUCH ORDINANCE WITHOUT THE NECESSITY OF REFERENDUM APPROVAL, AND PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE SPECIFIED PERCENTAGE APPROVED AT THE REFERENDUM PROVIDED FOR IN THIS ACT WITHOUT THE NECESSITY OF REFERENDUM APPROVAL.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Subject to the provisions of Section 2, any municipality in this State may by ordinance provide for the establishment of a land bank commission for the purpose of maintaining the environmental integrity of the municipality as an integral part of balanced growth by acquiring, setting aside, and preserving vital resource areas and natural habitats for the enjoyment of future generations of citizens. To fund the purposes and objectives of the municipality's land bank commission, the ordinance shall provide that a specific percentage of the sale price of realty sold or otherwise transferred, which is situate in such municipality, be remitted by the purchaser to the municipality's land bank commission at the time of the sale. The provisions of this act do not apply to any deed, instrument, or writing or real estate transaction whereby lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the State of South Carolina or any of its political subdivisions and departments for highway or other public purposes. All funds must be collected by the clerk of court at the time of transfer and remitted to the municipality on a quarterly basis.

SECTION 2. (A) Before the ordinance provided for in Section 1 may be implemented, the municipal election commission shall, upon the request of the municipal governing body, conduct a referendum on the question of implementing the provisions of the ordinance within the municipality. The state election laws apply to the referendum mutatis mutandis. The municipal election commission shall publish the results of the referendum and certify them to the municipal governing body. The ordinance shall not be implemented in any respect whatsoever unless a majority of the qualified electors of the municipality voting in the referendum approve the question.

(B) The ballot must read substantially as follows:

"Shall percent (amount as stated in the ordinance) of the sale price of realty sold or otherwise transferred, situate in the City (or Town) of (name of municipality), be remitted by the purchaser at the time of the sale to the Land Bank Commission of the City (or Town) of (name of municipality) to fund the purposes and objectives of the Land Bank Commission, namely, maintaining the environmental integrity of the City (or Town) of (name of municipality) as an integral part of balanced growth by acquiring, setting aside, and preserving vital resource areas and natural habitats for the enjoyment of future generations of citizens?

[] Yes

[] No"

(C) If the question is not approved at the initial referendum, the municipal governing body may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose shall not be held more often than once in twenty-four months.

(D) The ordinance establishing a municipal land bank commission, following approval at the referendum provided for in this section, may be repealed by the municipal governing body at any time without the necessity of a referendum approving the repeal of the ordinance.

(E) The municipal governing body may by ordinance reduce or eliminate the specified percentage approved at the referendum provided for in this section at any time without the necessity of a referendum approving such reduction or elimination.

SECTION 3. This act takes effect upon approval by the Governor.

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