Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.3900 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990408 Primary Sponsor:Witherspoon All Sponsors:Witherspoon, Barfield, Simrill, Edge, Hayes, Davenport, T. Brown, Altman, Clyburn, Dantzler, Keegan, Kelley, Limehouse, Loftis and Sandifer Drafted Document Number:l:\council\bills\gjk\20543ac99.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Residential care facilities, group homes, licensure prohibited in area not subject to zoning, Political Subdivisions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990408 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROHIBIT LICENSURE OF A PUBLIC OR PRIVATE GROUP HOME OR COMMUNITY RESIDENTIAL CARE FACILITY PROPOSED TO BE LOCATED IN AN AREA NOT SUBJECT TO ZONING IF THE LOCAL GOVERNING BODY HAVING JURISDICTION OF THE AREA OBJECTS AND TO REQUIRE PUBLIC NOTICE AND A PUBLIC MEETING CONCERNING THE PROPOSED LOCATION OF THE HOME OR FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-1-30. (A) A state agency may not license a public or private group home or community residential care facility proposed to be located in an area not subject to zoning if an objection to the location is raised in accordance with this section by the local governing body having jurisdiction of the area in which the proposed home or facility is to be located.
(B) The entity seeking licensure of the group home or community residential care facility shall notify the local governing body having jurisdiction of the proposed area in which the intended location is situated. Within forty-five days of receiving this notice the local governing authority shall hold a public meeting concerning the proposed location. Twenty days before conducting the public meeting, the local governing authority must provide written notice to each resident within:
(1) the voting precinct in which the home or facility is proposed to be located and each adjacent voting precinct when the location is in an unincorporated area;
(2) a one-mile radius when the location is in an incorporated area.
(C) The local governmental body may object to the location of the group home or community residential care facility by notifying the entity of the objection within the thirty days of the public meeting by registered mail, return receipt requested.
(D) No sooner than thirty-one days following the public meeting, the entity must submit to the licensing agency a notarized statement indicating whether the local governing body notified the entity of an objection to the location, and if such an objection was received, a copy of the notification must be attached.
(E) An entity receiving a notice of an objection to the location of the home or facility may request a hearing for reconsideration before the local governing body."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:25 A.M.