Current Status Introducing Body:
SenateBill Number: 772Ratification Number: 400Act Number: 360Primary Sponsor: RussellType of Legislation: GBSubject: Housing authoritiesDate Bill Passed both Bodies: 19940421Computer Document Number: 772Governor's Action: SDate of Governor's Action: 19940503Introduced Date: 19930513Date of Last Amendment: 19940412Last History Body: ------Last History Date: 19940503Last History Type: Act No. 360Scope of Legislation: StatewideAll Sponsors: RussellType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 772 ------ 19940503 Act No. 360 772 ------ 19940503 Signed by Governor 772 ------ 19940427 Ratified R 400 772 Senate 19940421 Concurred in House amendment, enrolled for ratification 772 House 19940413 Read third time, returned to Senate with amendment 772 House 19940412 Amended, read second time 772 House 19940330 Committee Report: Favorable 26 with amendment 772 House 19940223 Introduced, read first time, 26 referred to Committee 772 Senate 19940222 Read third time, sent to House 772 Senate 19940217 Amended, read second time, ordered to third reading with notice of general amendments 772 Senate 19940216 Committee Report: Favorable 11 with amendment 772 Senate 19930513 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
(A360, R400, S772)
AN ACT TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A MUNICIPAL HOUSING AUTHORITY, SO AS TO CHANGE WHO MAKES THE APPOINTMENT, AND APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS WHEN THE AUTHORITY EXERCISES EXTRATERRITORIAL JURISDICTION; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO THE REMOVAL OF A COMMISSIONER, SO AS TO CHANGE THE AUTHORITY RESPONSIBLE FOR REMOVING A COMMISSIONER; TO AMEND SECTION 31-3-380, RELATING TO THE ORGANIZATION OF THE AUTHORITY, SO AS TO PROVIDE THAT FOUR MEMBERS CONSTITUTE A QUORUM WHEN EXERCISING JURISDICTION IN THE EXTRATERRITORIAL AREA; AND SECTION 31-13-450, RELATING TO USE OF MONIES IN THE HOUSING TRUST FUND, SO AS TO DELETE A PROVISION WHICH ESTABLISHES ELIGIBILITY REQUIREMENTS FOR A PROJECT OR DEVELOPMENT AND ADDS A PROVISION WHICH ALLOWS APPROPRIATE PENALTIES OR FEES FOR THE REMOVAL OF THE LIEN IN ITS LOAN OR CONTRACTUAL DOCUMENTS IF MONIES ARE NOT USED TO PROVIDE HOUSING FOR MEMBERS OF VERY LOW OR LOWER INCOME HOUSEHOLDS FOR A PERIOD OF AT LEAST TWENTY YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Commissioners of authority
SECTION 1. Section 31-3-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 31-3-340. When the council of a municipality adopts a resolution as provided in this chapter, the council shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners may be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction. The commissioners who are first appointed must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners must be appointed for a term of office of five years except that all vacancies must be filled for the unexpired term, except that the two additional commissioners for the extraterritorial area must be appointed for terms of five years. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State, and in the office of the Director of the Department of Commerce, and the certificate is conclusive evidence of the due and proper appointment of the commissioner."
Removal of commissioners
SECTION 2. Section 31-3-370 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 31-3-370. For inefficiency, neglect of duty, or misconduct in office a commissioner of an authority may be removed by the council, but a commissioner may be removed only after he has been given a copy of the charges at least ten days before the hearing on it and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner a record of the proceedings, together with the charges and findings on it must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State, and in the office of the Director of the Department of Commerce."
Organization of authority
SECTION 3. Section 31-3-380 of the 1976 Code is amended to read:
"Section 31-3-380. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairman and a vice chairman and by adopting bylaws and rules and regulations suitable to the purposes of this chapter and Chapter 11. Three commissioners constitute a quorum for the purpose of organizing the authority and conducting the business of it. However, four commissioners constitute a quorum when exercising jurisdiction in the extraterritorial area. The commissioners shall select and appoint such officers and employees, including engineering, architectural, and legal assistants, as they may require for the performance of their duties and shall prescribe the duties and compensation of each officer and employee."
Allocation of monies
SECTION 4. Item (C) of Section 31-13-450 of the 1976 Code is amended to read:
"(C) In evaluating proposals for the use of monies deposited in the fund, the board shall ensure, to the extent feasible, that monies are allocated to affordable housing for home ownership or rental housing developments which provide housing to members of very low income households. The fund may provide for appropriate penalties or fees for removal of the lien in its loan documents or contractual documents if monies are not used to provide housing for members of very low or lower income households for a period of at least twenty years. All prepayments must be returned to the fund."
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 3rd day of May, 1994.