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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