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S*950 Session 117 (2007-2008)
S*0950(Rat #0303, Act #0275 of 2008) General Bill, By Hutto and Matthews
AN ACT TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS
TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE
ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND
SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND
59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE
AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE
RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE
11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF
TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES
UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD. - ratified title
01/08/08 Senate Introduced and read first time SJ-74
01/08/08 Senate Referred to Committee on Education SJ-74
02/14/08 Senate Committee report: Favorable with amendment
Education SJ-32
02/15/08 Scrivener's error corrected
04/24/08 Senate Committee Amendment Adopted SJ-64
04/24/08 Senate Read second time SJ-64
04/24/08 Senate Unanimous consent for third reading on next
legislative day SJ-64
04/25/08 Scrivener's error corrected
04/25/08 Senate Read  third time and sent to House SJ-1
04/29/08 House Introduced, read first time, placed on calendar
without reference HJ-5
04/30/08 House Debate adjourned until Tuesday, May 6, 2008 HJ-68
04/30/08 Scrivener's error corrected
05/07/08 House Debate adjourned until Thursday, May 8, 2008 HJ-14
05/08/08 House Amended HJ-14
05/08/08 House Read second time HJ-16
05/08/08 House Unanimous consent for third reading on next
legislative day HJ-17
05/09/08 House Read third time and returned to Senate with
amendments HJ-1
05/15/08 Senate House amendment amended
05/15/08 Senate Returned to House with amendments SJ-122
05/28/08 House Concurred in Senate amendment and enrolled
05/29/08 Ratified R 303
06/04/08 Vetoed by Governor
06/05/08 Senate Veto overridden by originating body Yeas-44 Nays-0
06/05/08 House Veto overridden Yeas-84 Nays-0 HJ-93
06/16/08 Copies available
06/16/08 Effective date 06/05/08
06/17/08 Act No. 275
S. 950
(A275, R303, S950)
AN ACT TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
Denmark Technical College Area Commission ground lease agreements
SECTION 1. Section 59-53-630 of the 1976 Code is amended to read:
"Section 59-53-630. (A) The commission has the same powers as provided by Article 1, Chapter 53, Title 59 of the 1976 Code, and in addition must prepare and submit its annual budget for approval to the State Board of Technical and Comprehensive Education.
(B) Denmark Technical College shall be funded in accordance with the provisions of Section 6 of Act 654 of 1976.
(C) The Denmark Technical College Area Commission, with the approval of the State Budget and Control Board, may enter into one or more ground lease agreements with a private entity in which the private entity provides all services necessary for the creation and operation of an on-campus student housing facility including, but not limited to, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender to the Denmark Technical College Area Commission such premises with the existing buildings, other structures, and improvements constructed and located on the premises, in the same condition as when the construction of the buildings, other structures, and improvements were completed, with only natural and normal wear and tear excepted. The State Budget and Control Board must first approve all ground lease agreement terms and conditions including the consideration involved. The full faith and credit of the State toward the lease obligations must not be pledged, and a statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The State Budget and Control Board approval required shall be in lieu of or a substitute for other approval required by another provision of law or regulation in connection with the undertaking of the private entity and Denmark Technical College. However, the private entity and the Denmark Technical College Area Commission shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(D) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
Florence-Darlington Technical College ground lease agreements
SECTION 2. Section 59-53-740 of the 1976 Code, as added by Act 201 of 2004, is amended by adding at the end to read:
"(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
University of South Carolina ground lease agreements
SECTION 3. Section 59-117-65 of the 1976 Code is amended by adding at the end to read:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
Winthrop University ground lease agreements
SECTION 4. Section 59-125-130 of the 1976 Code is amended by adding at the end to read:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
South Carolina State University ground lease agreements
SECTION 5. Section 59-127-85 of the 1976 Code is amended by adding at the end to read:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
College of Charleston ground lease agreements
SECTION 6. Section 59-130-60 of the 1976 Code is amended by adding at the end to read:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
Francis Marion University ground lease agreements
SECTION 7. Section 59-133-60 of the 1976 Code is amended by adding at the end to read:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
Tri-County Technical College Area Commission ground lease agreements
SECTION 8. Article 3, Chapter 53, Title 59 of the 1976 Code is amended by adding:
"Section 59-53-290. (A) The Area Commission of Tri-County Technical College, with the approval of the State Budget and Control Board, may enter into one or more ground lease agreements with a private entity in which the private entity provides all services necessary for the creation and operation of an on-campus facility, the purpose of which must be determined by the commission including, but not limited to, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender to the college the premises with the existing buildings, other structures, and improvements constructed and located on the premises, in the same condition as when the construction of the buildings, other structures, and improvements were completed, with only natural and normal wear and tear excepted. The State Budget and Control Board shall first approve all ground lease agreement terms and conditions including the consideration involved. The full faith and credit of the State toward the lease obligations may not be pledged, and a statement to the contrary is deemed null and void as a matter of public policy. The approval required is in lieu of or a substitute for other approval required by another provision of law or regulation in connection with the undertaking of the private entity and the college; however, the private entity and the college shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(B) The Area Commission of Tri-County Technical College, upon the approval of the State Budget and Control Board, may enter into a lease or lease purchase agreement with a private entity for the entity to occupy a college facility or a facility to be built by the college on college property for the purpose of conducting an entrepreneurial or commercial activity.
(C) The Area Commission of Tri-County Technical College, upon approval of the State Budget and Control Board, may enter into a ground lease with a private entity for the private entity to build a facility on property of the college in which the private entity will conduct an entrepreneurial or commercial activity consistent with the scope and mission of the college.
(D) In implementing the provisions of subsections (B) and (C), full compliance with the provisions of Article X, Section 11 of the Constitution of this State is required.
(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11."
Time effective
SECTION 9. This act takes effect upon approval by the Governor.
Ratified the 29th day of May, 2008.
Vetoed by the Governor -- 6/4/08.
Veto overridden by Senate -- 6/5/08.
Veto overridden by House -- 6/5/08.
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