South Carolina General Assembly
121st Session, 2015-2016

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Bill 5150


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-215 SO AS TO PROVIDE THAT BEFORE A STATE ENTITY MAY ENTER INTO A CONTRACT TO SELL OR LEASE REAL PROPERTY OWNED BY IT OR THE STATE OF SOUTH CAROLINA, IT MUST CAUSE A STUDY TO BE MADE OF WHAT PUBLIC USES COULD BE MADE OF THE PROPERTY IF IT WOULD BE PUT TO A NONPUBLIC USE, AND TO REQUIRE A PUBLIC HEARING IN THE COUNTY WHERE THE PROPERTY IS LOCATED IF THE STUDY FINDS THAT THERE ARE OTHER FEASIBLE AND COST-EFFECTIVE PUBLIC USES OF THE PROPERTY.

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

SECTION    1.    Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-215.    After the effective date of this section, the State Budget and Control Board, the Department of Administration or the State Fiscal Accountability Authority, or any other state entity or instrumentality authorized to sell or lease real property it owns independently without the requirement of subsequent approval of the Budget and Control Board, the Department of Administration or the State Fiscal Accountability Authority, may not enter into a contract to sell or lease real property owned by the State of South Carolina, or by the state entity or instrumentality which would be put to a nonpublic use based on representations of the buyer or lessee until it causes a study to be conducted that considers what other public uses could be made of the property by a state or local governmental department, entity, or political subdivision. If the study finds that there are other legitimate, feasible, and cost-effective public uses that could be made of the property or a portion of it, a public hearing must be conducted in the county where the property is located by the entity which ordered the study to ascertain the wishes of the general public as to the future public uses of the property based on the results of the study."

SECTION    2.    This act takes effect upon approval by the Governor.

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