Legislative Update |
as of June 30, 2007 |
The Legislature has adjourned for the year. Any legislation
pending this session will be carried over to the 2008 legislative
session.
Local Housing Trust Fund
The Senator William C. Mescher Local Housing Trust Fund Enabling
Act is now law. The effective date of the act is May 15,
2007; the date in which the Senate overrode the Governor’s
veto. The veto was overridden in the House on a vote of
100 to 5 and in the Senate on a vote of 38 to 1.
Eminent Domain
Act 458 of 2006 established an Eminent Domain Study Committee
to review the condemnation authority exercised by any governmental
entity or any other entity with eminent domain authority to evaluate
if each entity’s exercise of its condemnation authority meets
or exceeds the Constitutional, statutory and case law requirements. The
study committee is also tasked with studying the effects of regulatory
takings and condemnation of blighted property. The study
committee members are: Senators Gregory, Ford and Campest, Representatives
Edge, Merrill and Coleman and three non legislators appointed by
the Governor (Robert Clement of Charleston, Tammy McKee of Greenville
and Ben Zeigler of Florence). The study committee continues
to meet. The AHCofSC is monitoring these meetings.
The following bill dealing with eminent domain has been introduced. House
Bill 3067 is in House Judiciary, where no action has been taken
to date. Senate Bill 130 is the Senate companion bill; it
is in the Senate Judiciary Committee where no action has been taken
to date. Senate Bill 33 deals with the use of the eminent
domain statute for the purposes of slum clearance and redevelopment. The
bill was referred to a Senate Judiciary subcommittee on January
17th No action has been taken to date.
Priority Investment Act
Senate Bill 266 was signed by the Governor on May 23rd. The
legislation includes affordable housing as a factor in zoning and
planning requirements and seems to encourage affordable housing
as a factor in priority investment. House Bills 3066, 3114
and 3115 are similar bills. H. 3066 and H.3114 are in the
House Judiciary Committee. House Bill 3115 passed the House
on February 13th and the Senate on April 18th. It was vetoed
by the Governor on May 2nd. The veto was overridden by the
House on a 92 to 4 vote. The Senate overrode the veto on
May 24th at which point the law became effective.
Tax Credits
Senate Bill 52 deals with tax credits
for low income housing projects. The
bill has been referred to the Senate Finance Committee where no
action has been taken to date.
House Bill 3167 is legislation dealing with earned income tax
credits. It is being supported by the SC Association of Community
Development Corporations. The bill has been introduced and
referred to the House Ways and Means Committee.
Infrastructure Development
Senate Bill 165 is
a comprehensive infrastructure development proposal that requires
the following considerations be considered in development plans:
cost efficient land development and infrastructure provisions,
natural resource conservation, redevelopment of blighted lands
and supporting the location of stores, offices, residences, schools,
recreational spaces, and other public facilities within walking
distance of each other in compact neighborhoods that are designed
to provide alternate opportunities for easier movement and interaction. The
bill is in the Senate Finance Committee where no action has been
taken to date.
Senate Bill 73 deals with blighted areas. It has been introduced
and referred to the Senate Finance Committee. The change of most
interest appears to be language that would redefine 'Redevelopment
project area' to mean an area within the incorporated area of and
designated by the municipality, which is not less in the aggregate
than one and one-half acres and in respect to which the municipality
has made a finding that there exist conditions that cause the area
to be classified as an agricultural area, a blighted area, or a
conservation area, or a combination of both blighted areas and
conservation areas thereof. The total aggregate amount of all redevelopment
project areas within any one municipality may not exceed five percent
of the total acreage of the municipality.
Insurance
The Governor signed House Bill 3820 on June 11th and it is now
law. House Bill 3447 is a joint resolution to establish
a study committee on coastal property insurance. The bill
passed the House and is in the Senate Banking and Insurance Committee. Senate
Bill 499 is legislation to establish a coastal insurance captive
insurance program. The bill passed the Senate on April
26th. House 3765 is a similar bill which has passed the
House and is now in the Senate Finance Committee.
Building Restrictions
House Bill 3517 requires all electric utility lines constructed,
installed or modified after July 2007 to be buried underground. The
bill is in the House Labor, Commerce and Industry Committee.
Takings
A Study Committee on Takings Legislation has been formed. A
meeting was held in February but no further action has been taken
to date.
Discrimination
Senate Bill 441, by Senator Ford, adds sexual preference to the
list of housing discrimination factors. The bill is the
Senate Labor, Commerce and Industry Committee. Senate Bill
443 is a similar bill by Senator Ford. It was referred
to the Senate Judiciary Committee.
Renters
House Bill 3157 deals with landlord-tenant law and shortens the
time period for rule to show cause for eviction from 10 days
to five days for significant property damage. The
bill passed the House on March 7th and is now on the Senate Calendar
pending second reading. SCALJC has been working with the
Senate on the bill.
Pay Day Lending
Senate Bill 398 addresses pay day lenders. The
bill was given a favorable report on April 12th by the Senate Judiciary
Committee. It was then referred to the Senate Banking and Insurance
Committee where it was given a majority favorable, minority unfavorable
report; this places the bill on the Senate Contested Calendar. Negotiations
are on going between the bill’s supporters and representatives
from the pay day loan industry. The bill is being supported
by the SC Appleseed Legal Justice Center, SC Fair Share and AARP-SC. Other
bills dealing with pay lending include Senate Bill 76 and House Bills
3294, 3448, 3419 and 3416.
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