Senate Labor, Commerce & Industry Committee Amendment
S 436 - Session 125 (2023-2024)
Heirs’ Property Commission

The Committee on Labor, Commerce and Industry proposes the following amendment (SR-436.JG0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 31-1-900(A) and (B) and inserting:

(A) There is established the "Heirs' Property Commission," which is created to address the legal and economic issues associated with heirs' property. The commission shall be comprised of:

(1) a member of the Real Estate Practices Section of the South Carolina Bar or his designee, appointed by the Governor, who shall serve as chairman;

(2) a representative of the Center for Heirs' Property Preservation, appointed by the Governor;

(3) the Secretary of Transportation or his designee;

(4) a Master-in Equity, appointed by the Governor;

(5) a member representing county government, appointed by the Governor;

(6) a member representing municipal government, appointed by the Governor;

(7) a member representing the Coastal Conservation League, appointed by the Governor;

(8) a member representing Habitat for Humanity South Carolina, appointed by the Governor;

(9) a member representing the Lowcountry Gullah Foundation, appointed by the Governor;

(10) a member of the Real Estate Practices Section of the South Carolina Bar appointed by the President of the Senate; and

(11) a member of the Real Estate Practices Section of the South Carolina Bar appointed by the Speaker of the House.

(B) The commission shall review issues related to heirs' property in South Carolina and their impact on the families and the economic development opportunities for South Carolina.

Amend the bill further, SECTION 1, by striking Section 31-1-900(C)(1) and inserting:

(C)(1) The commission shall report to the Governor and the General Assembly within one year of the effective date of this act, setting forth its activities, the state of heirs' property in the State, data collected, and any recommendations for policy or legislative changes to help families with heirs' property clear title, to improve economic development opportunities for South Carolina, and to prevent new occurrences of heirs' property.

Amend the bill further, SECTION 1, by striking Section 31-1-900(C)(2)(d) and inserting:

(d) information regarding non-profit groups in South Carolina that provide services to owners of heirs' property; and

Amend the bill further, SECTION 1, by striking Section 31-1-900(D) and inserting:

(D) The President of the Senate and the Speaker of the House of Representatives shall designate staff from the Senate and the House, in equal number from each chamber, to provide administrative support to the commission as the commission requests and requires in the performance of its duties.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2.The commission shall review the Heirs' Property Study Committee Report issued to the General Assembly on December 30, 2022, and identify suggestions and steps for implementation for policy changes, and report recommendations for legislative changes to the General Assembly.