Current Status Introducing Body:House Bill Number:4191 Primary Sponsor:Cork Committee Number:11 Type of Legislation:GB Subject:Municipal Land Bank Commission Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/9605.JM Introduced Date:Jan 16, 1992 Date of Last Amendment:Mar 05, 1992 Last History Body:Senate Last History Date:Mar 18, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cork Keyserling Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4191 Senate Mar 18, 1992 Introduced, read first time, 11
referred to Committee
4191 House Mar 17, 1992 Read third time, sent to
Senate
4191 House Mar 05, 1992 Amended, read second time
4191 House Feb 26, 1992 Committee Report: Favorable 25
with amendment
4191 House Jan 16, 1992 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED
March 5, 1992
H. 4191
S. Printed 3/5/92--H.
Read the first time January 16, 1992.
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?
(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.