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Subcommittee gives favorable report to bill removing sunset on special-purpose districts' property conveyance
Summary
The South Carolina House Domestic Relations, Business and Probate Law Subcommittee voted 5-0 to give House Bill 3731 a favorable report. The bill would remove a June 30, 2027 sunset on a statute (section 6-11-345) that authorizes special-purpose districts that provide recreation services to acquire and convey property.
The South Carolina House Domestic Relations, Business and Probate Law Subcommittee voted 5-0 to give a favorable report to House Bill 3731, which would remove a June 30, 2027, sunset on the statutory authority that allows special-purpose districts that provide recreation services to acquire and convey real property.
The repeal targets Section 6-11-345 of the South Carolina Code, which grants special-purpose districts authority to own, acquire, purchase, hold, use or otherwise dispose of property in furtherance of their functions. The bill as passed last year included a sunset inserted during the final day of the session; HB 3731 would strike the sunset so the statutory authority remains in effect indefinitely unless amended by the General Assembly.
Representative Beth Bernstein, chair of the subcommittee, opened discussion by summarizing the bill and noting it was the only item on the agenda and that the hearing was live-streamed. Jim Headley, representing the South Carolina Recreation and Parks Association, told the panel the association supports the bill and said, "we're not here to sell any public parks or playgrounds." Headley said six public park and recreation entities in the state are organized as special-purpose districts and that the legislation would align their property rights with those of municipalities and counties.
Lawrence Flynn, an attorney with Popeland Law Firm representing the Richland Recreation District, described why the change is necessary for some districts. Flynn said special-purpose districts were created without the same home-rule powers granted to cities and counties and therefore operate under the limitations of Dillon's Rule; he told the committee, "we just can't give you an illegal deed because we don't have the legal authority to make the transition," referring to a recent request from the Department of Transportation for property related to an interstate expansion on Marley Drive. Flynn said some recreation districts lack explicit enabling-language to convey property even when they can purchase or acquire it.
Flynn and witnesses told the panel the sunset passed last year after a late compromise amendment by a senator. They said removing the sunset avoids forcing districts into a narrow three-year window to determine whether to convey property and reduces the risk of title problems or the need for condemnation proceedings when state agencies require easements or conveyances.
The committee conducted a roll call vote after public remarks. Representative Beth Bernstein, Representative Paula Calhoun, Representative Val Gass, Representative King, and Representative David Martin each voted "aye." With five in favor and none opposed, HB 3731 received a favorable report from the subcommittee.
Votes at a glance House Bill 3731 — Favorable report ordered (roll call): Yes — Beth Bernstein; Paula Calhoun; Val Gass; Representative King; David Martin. Tally: 5–0.
The bill now moves with a favorable report from the subcommittee; the transcript of the meeting will be posted on SCstatehouse.gov and the hearing was live streamed on South Carolina ETV.
