South Carolina General Assembly
116th Session, 2005-2006

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Bill 4723

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE WITH AMENDMENT

May 25, 2006

H. 4723

Introduced by Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin

S. Printed 5/25/06--S.

Read the first time April 26, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4723) to amend the Code of Laws of South Carolina, 1976, by adding Section 1-3-630 so as to establish the division on affordable housing within the Office of the Lieutenant Governor, etc., respectfully

REPORT:

Has polled the Bill out with amendment, to wit:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/    A BILL

TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE.

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

SECTION    1.    (A)    A South Carolina Affordable Housing Study Committee is created to recommend legislative changes, if appropriate, related to affordable housing issues in the State.

(B)    In a report filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives and made available to the public through the Governor's and General Assembly's websites, the study committee shall make recommendations for the development of:

(1)    strategies that promote effective responses to the need for low income affordable housing;

(2)    a statewide strategy to educate South Carolinians on the issues related to affordable housing;

(3)    a uniform system of reporting and collecting statistical data related to affordable housing issues in South Carolina;

(4)    an assessment of current housing programs and best practice models; and

(5)    affordable housing elements to be considered and included in local government planning.

(C)    The study committee must be composed of seventeen members consisting of:

(1)    the Lieutenant Governor or his designee, who shall serve as the chairman of the study committee;

(2)    one member appointed by the Governor;

(3)    one member appointed by the Chairman of the Senate General Committee;

(4)    one member appointed by the Chairman of the House of Representatives Medical, Military, Public and Municipal Affairs Committee;

(5)    one member appointed by the Secretary of the South Carolina Department of Commerce;

(6)    one member appointed by the Chairman of the South Carolina Housing and Finance Authority;

(7)    one member appointed by the Chairman of the South Carolina Human Affairs Commission;

(8)    the following members appointed by the Lieutenant Governor:

(a)    a member appointed upon the recommendation of the United States Housing and Urban Development State Office;

(b)    a member appointed upon the recommendation of the South Carolina Housing Authority Executive Director Association;

(c)    a member appointed upon the recommendation of the United States Department of Agriculture Rural Development South Carolina State Office;

(d)    a member appointed upon the recommendation of the South Carolina Association of Counties;

(e)    a member appointed upon the recommendation of the Municipal Association of South Carolina;

(f)    a member appointed upon the recommendation of the South Carolina Homebuilders Association;

(g)    a member appointed upon the recommendation of the Affordable Housing Coalition of South Carolina;

(h)    a member appointed upon the recommendation of the Manufactured Housing Institute of South Carolina;

(i)        a member appointed upon the recommendation of the South Carolina Association of Realtors; and

(j)        a member appointed upon the recommendation of the South Carolina Appleseed Legal Justice Center.

(D)    The study committee shall render its report and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than January 15, 2009, at which time the study committee must be dissolved.

(E)    Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.

(F)    Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on the study committee.

(G)    The Lieutenant Governor's office shall provide and coordinate staffing for the study committee.

(H)    Members of the study committee shall serve without compensation, but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees.

(I)    The members appointed upon the recommendations of the United States Housing and Urban Development State Office and the United States Department of Agriculture Rural Development South Carolina State Office are ex officio nonvoting members.

(J)    The study committee shall meet at least once each quarter and special meetings may be called at the discretion of the Lieutenant Governor or his designee. The study committee may organize and collect information in the manner it determines to be best suited to accomplish its objectives.

SECTION    2.    This act takes effect January 15, 2007, and the study committee established in SECTION 1 of this act dissolves upon the filing of its report.        /

Renumber sections to conform.

Amend title to conform.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill by the Lieutenant Governor's Office indicates there will be a need for two additional positions, (1) Program Manager and (1) Administrative Assistant, to meet the requirements of this bill. The estimated cost to the General Fund of the State for the two positions including employer contributions is approximately $104,000 with other operating costs of $12,000 for rent, phone, travel, equipment and supplies.

There is also an additional cost of approximately $2,000 for commission meetings. Total annual impact is estimated at $118,000.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO ESTABLISH THE DIVISION ON AFFORDABLE HOUSING WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR WHICH SHALL BE SUPPORTED BY AN ADVISORY COMMISSION ON AFFORDABLE HOUSING WHICH SHALL BE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF BOTH ENTITIES.

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

SECTION    1.    Article 9, Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Section 1-3-630.    (A)    There is created in the Office of the Lieutenant Governor the Division on Affordable Housing. The Lieutenant Governor shall appoint a division director who shall serve at his discretion. The division must be supported by an Advisory Commission on Affordable Housing consisting of a member of the Governor's staff, the chairmen of the Senate General Committee and the House Medical, Military, Public and Municipal Affairs Committee, or their designees, and a representative from each of the following entities:

(1)    the South Carolina Housing and Finance Authority;

(2)    the United States Housing and Urban Development State Office;

(3)    the South Carolina Department of Commerce;

(4)    the South Carolina Housing Authority Executive Director Association;

(5)    the United States Department of Agriculture Rural Development South Carolina State Office;

(6)    the South Carolina Human Affairs Commission;

(7)    the Municipal Association of South Carolina;

(8)    the South Carolina Homebuilders Association;

(9)    the Affordable Housing Coalition of South Carolina;

(10)    the Manufactured Housing Institute of South Carolina;

(11)    the South Carolina Association of Realtors; and

(12)    other members who may be appointed by the members of the Advisory Commission on Affordable Housing.

(B)    The Chairman of the Advisory Commission on Affordable Housing must be elected by the members of the advisory commission from its members for a term of two years and until a successor is elected. Members of the commission shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The United States Housing and Urban Development State Office and the United States Department of Agriculture Rural Development South Carolina State Office representatives are ex officio nonvoting members. The advisory commission shall meet at least once each quarter and special meetings may be called at the discretion of the chairman of the advisory commission. Rules and procedures must be adopted by the advisory commission for the governance of its operations and activities.

(C)    A member of the Advisory Commission on Affordable Housing selected pursuant to subsection (A)(9) shall serve for a term of two years and may be reappointed for successive terms.

(D)    The Advisory Commission on Affordable Housing:

(1)    shall advise the director of the Division on Affordable Housing on the administration of the work activities of the advisory commission; and

(2)    may appoint task forces to carry out its work. Task force members shall have knowledge of, responsibility for, or an interest in an area related to the duties of the advisory commission.

(E)    The Director of the Division on Affordable Housing shall:

(1)    facilitate the meeting of the advisory commission for the purpose of identifying and establishing strategies as a response to the need for low income affordable housing;

(2)    cause the development of a statewide strategy to educate South Carolinians on the issues related to affordable housing;

(3)    develop a uniform system of reporting and collecting statistical data related to affordable housing issues in South Carolina; and

(4)    cause the development of an assessment of current housing programs and gather information on best practice models for the advisory commission's consideration.

(F)    The advisory commission may utilize both private and public funding in addition to funds appropriated by the General Assembly.

(G)    The director shall file a quarterly report of the division's and advisory commission's activities and recommendations to the Governor and both houses of the General Assembly on a quarterly basis."

SECTION    2.    This act takes effect upon approval by the Governor.

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