South Carolina S 288: Taxpayer Transparency Act

Bill Text

2025-2026 Bill 288 Text of Previous Version (Apr. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 288

Indicates Matter Stricken
Indicates New Matter

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

Committee Report

April 16, 2025

S. 288

Introduced 
by Senators Johnson, Turner and Graham 

S. Printed 4/16/25--S.

Read the first time January 29, 2025

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 288) to amend 
the South Carolina Code of Laws by adding Section 6-29-725 so as to allow for 
the transfer of development rights between different landowners, to provide, etc., 
respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
6-29-725 SO AS TO ALLOW FOR THE TRANSFER OF DEVELOPMENT RIGHTS BETWEEN 
DIFFERENT LANDOWNERS, TO PROVIDE FOR CONTENTS OF THE ORDINANCE NECESSARY TO 
REGULATE THE TRANSFER OF DEVELOPMENT RIGHTS, AND TO ALLOW TWO OR MORE LOCAL 
GOVERNING BODIES TO JOIN ONE ANOTHER IN SETTING UP A TRANSFER OF RIGHTS 
PROGRAM.

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

SECTION 1. Article 5, Chapter 29, Title 6 of the S.C. Code is 
amended by adding:

 Section 
6-29-725. (A) For the purposes of 
this section:

 (1) 
"sending property" means a parcel of land from which the parcel's development 
rights are transferred to a receiving property; and

 (2) 
"receiving property" means a parcel of land to which development rights are 
transferred from a sending property.

 (B) A 
local governing authority may provide, by ordinance, for the voluntary transfer 
of the development rights permitted on one parcel of land to another parcel of 
land that restricts or prohibits further development of the sending property 
and increases the density or intensity of development of the receiving 
property.

 (C) The 
ordinance must:

 (1) 
designate and show on the zoning map sending areas from which development 
rights may be transferred and receiving areas to which such rights may be 
transferred and used for development. These zones may be designated by a local 
governing authority as a special use district or as overlaying other zoning 
districts;

 (2) 
assure that the prohibitions against the use and development of the sending 
property shall bind the landowner and every successor in interest to the 
landowner;

 (3) 
provide for the severance of transferable development rights from the sending 
property and the immediate or delayed transfer of development rights to a 
receiving property;

 (4) 
enable the purchase, sale, exchange, or other conveyance of transferable 
development rights prior to the rights being affixed to a receiving property;

 (5) 
assure the right of a municipality or county to purchase development rights and 
to hold them for conservation purposes or resale;

 (6) 
assure the right of a person to purchase development rights and to hold them 
for conservation purposes; and

 (7) 
include such other provisions as the local governing body deems necessary to 
aid in the implementation of this section.

 (D) Two 
or more local governing authorities may enter into intergovernmental agreements 
for the purpose of enacting interdependent ordinances providing for the 
transfer of development rights between or among jurisdictions, provided that 
the agreement otherwise complies with applicable laws. Any ordinance enacted 
pursuant to this subsection may provide for additional notice and hearing and 
signage requirements applicable to properties within the sending and receiving 
areas in each participating political subdivision.

SECTION 2. This 
act, or any provision thereof, does not invalidate any completed transfer of 
development rights pursuant to any earlier statute, ordinance, or regulation, 
if the transfer was valid at that time.

SECTION 3. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have passed this act, and 
each and every section, subsection, paragraph, subparagraph, sentence, clause, 
phrase, and word thereof, irrespective of the fact that any one or more other 
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, 
or words hereof may be declared to be unconstitutional, invalid, or otherwise 
ineffective.

SECTION 4. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on April 16, 2025 at 07:09 PM