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Indicates Matter Stricken
Indicates New Matter
April 9, 2008
S. Printed 4/9/08--H. [SEC 4/10/08 4:10 PM]
Read the first time February 12, 2008.
TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY, TO RE-AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT TO EXPEND CERTAIN MONIES FOR THE RELOCATION, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE MARKET TO THE WALKER TRACT IN RICHLAND COUNTY, AND TO AUTHORIZE THE COMMISSIONER TO IMPLEMENT A STATEWIDE FARMERS' MARKET PLAN.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The Department of Agriculture may relocate the Columbia State Farmers' Market from its current location on Bluff Road in Richland County to a new location selected by the Commissioner of Agriculture in Lexington County.
(B) The following funds are authorized or re-authorized to be used for the relocation project:
(1) the balance of the ten million dollars from the Capital Improvement Bond funds authorized in the 1999 Bond Act;
(2) a minimum of fourteen million eight hundred fifty thousand dollars from the sale of the existing market;
(3) the two million five hundred thousand dollars from the Ordinary Sinking Fund;
(4) the fifteen million dollars from the Capital Reserve Fund in 2007; and
(5) the proceeds from the sale of the Columbia Metrology Laboratory and the contiguous tract of state land.
The department may use no more than twenty-two million five hundred thousand dollars for the relocation project, and of this amount, up to three million dollars may be used for public improvements related to roads, water, sewer, and other infrastructure, to be spent by the Commissioner of Agriculture, in consultation with the Division of General Services. State funds must be placed in escrow. The release of the funds is contingent upon project inspection and certification by the State Engineer's Office and must be disbursed as those improvements are actually constructed. The Department of Agriculture must obtain the approval of the coordinating council prior to spending the balance of the twenty-two million, five hundred thousand dollars allocated for the market relocation. This joint resolution modifies and supersedes any conflicting language found in Section 22 of Act 117 of 2007.
(C) As part of the relocation project authorized in this joint resolution, the Commissioner of Agriculture is authorized to terminate the pending project on the Walker Tract in Richland County, to resolve any related disputes, negotiate and enter any agreements incidental to the relocation project, and to engage any needed professional services. Should the commissioner terminate plans to locate the pending project at the Richland County site, as part of the commissioner's efforts to resolve and negotiate any disputes, the commissioner is directed to transfer and convey the portion of the Walker Tract conveyed to the State by Richland County back to Richland County. Provided, if Richland County were to transfer the property or any portion of the property within three years of receiving title from the commissioner, the county must pay the State two and one-half million dollars for the improvements to the property made by the State. However, if Richland County transfers only a portion of the property within the three-year period prescribed, the county must pay a pro-rata share of the two and one-half million dollars based upon the corresponding percentage of the acreage transferred by the county. Further, prior to the transfer of any of the Walker Tract property to the county, the county must sign a complete cross-release and waiver of any claims, demands, or obligations against the State, its agents, employees, agencies, and officials related to this project except as contained in this act. Should the commissioner transfer this property to the county, no further consideration from the county will be required. If the county still owns the property or a portion of it after the three-year period prescribed in this act, the county has no other obligations to the State in connection with the property, regardless of the county's subsequent acts in connection with the property. The commissioner shall provide a quarterly update on the progress of the relocation of the Columbia State Farmers' Market and the implementation of the statewide farmers' market plan to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. Further, notwithstanding any other provision of law relating to the approval of state real property transactions, the commissioner must consult with the Chairman of Senate Finance Committee, the Chairman of Ways and Means Committee, and the Division of General Services prior to entering into any real property transaction. Any real estate purchased as part of the relocation project shall be titled in the name of the State of South Carolina. The commissioner is prohibited from purchasing any real estate for the project at an amount greater than the appraised value.
(D) As part of the relocation project, the commissioner, in consultation with the Division of General Services, is authorized to sell and convey the Columbia Metrology Laboratory location and the contiguous tract of land.
(E) The remaining funds are authorized to be used to implement a statewide farmers' market system. The Commissioner of Agriculture is authorized to work with Clemson University to analyze the current status of markets throughout the State and to study the statewide farmers' market system. The commissioner shall select the appropriate locations and enhancements for the statewide system based upon Clemson University's recommendations, which must include an analysis of agricultural and other economic data. The department may not expend more than one million five hundred thousand dollars of the remaining funds on any individual farmers' market.
(F) The department may expend a portion of the remaining funds, as determined necessary by the Division of General Services, for rent and other cost escalations related to the department's laboratory on Williams Street.
(G) Upon completion of the relocation of the Columbia State Farmers' Market, and the complete implementation of the statewide farmers' market system provided for in subsection (E), the department must return any unused balance of the designated funds to the general fund of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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