H*3646 Session 105 (1983-1984)
H*3646(Rat #0344, Act #0313 of 1984) General Bill, By Sheheen and D.L. Ogburn
A Bill to enact the Marion DuPont Scott Memorial Act accepting the gift to the
State of South Carolina under the will of Marion DuPont Scott of the
Springdale Race Course in Kershaw County together with accompanying
facilities, equipment, and maintenance funds.
03/09/84 House Introduced, read first time, placed on calendar
without reference HJ-1384
03/13/84 House Read second time HJ-1439
03/14/84 House Read third time and sent to Senate HJ-1464
03/14/84 Senate Introduced, read first time, placed on calendar
without reference SJ-1001
03/15/84 Senate Read second time SJ-1054
03/16/84 Senate Read third time and enrolled SJ-1062
03/20/84 Ratified R 344
03/23/84 Signed By Governor
03/23/84 Effective date Effective upon compliance &
transfer of property
03/23/84 Act No. 313
05/21/84 Copies available
(A313, R344, H3646)
AN ACT TO ENACT THE MARION DUPONT SCOTT MEMORIAL ACT ACCEPTING
THE GIFT TO THE
STATE OF SOUTH CAROLINA UNDER THE WILL OF MARION DUPONT SCOTT OF
THE SPRINGDALE
RACE COURSE IN KERSHAW COUNTY TOGETHER WITH ACCOMPANYING
FACILITIES, EQUIPMENT,
AND MAINTENANCE FUNDS.
Whereas, the provisions of the will of the late Marion duPont Scott, properly
admitted to probate in Kershaw County, gives to the State of South Carolina, with
certain conditions, the Springdale Race Course with accompanying facilities in
Kershaw County, together with a fund to maintain the property; and
Whereas, in accepting the gifts, the State of South Carolina shall carry out the
provisions of the will that the Springdale Race Course, training track,
associated facilities, and maintenance fund be used for the purpose of promoting
equestrian activities in the State by operating the facilities in association
with Carolina Cup Racing Association, Incorporated, for public purposes and not
for the benefit of any private organization. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Citation of act
SECTION 1. This act may be cited as the Marion duPont Scott Memorial Act.
Bequest to State
SECTION 2. The State of South Carolina accepts the gift as defined in the will
of Marion duPont Scott, and takes title to the property from the executor of the
estate of Marion duPont Scott by deed to the State of South Carolina, subject to
the following terms and conditions:
(A) The property covered by the the bequest is described as follows:
(1) All that certain tract of land comprising two parcels,
one containing 383 and 35/100 acres, more or less, and being known as the
"Springdale Course Track", and another containing 79 and 91/100 acres,
more or less, and being known as the "Training Course", being all and
the same property which was conveyed to Marion duPont Scott, by deed of the
Executors and Trustees of the estate of Florence L. S. Clark, dated June 10,
1954, and recorded in the Office of the Clerk of Court for Kershaw County in Deed
Book E.L., page 577.
(2) All that certain tract of land known as the "Virginians Stable
Property" and containing 9 acres, more or less, being all and the same as
the property conveyed to Marion duPont Scott by deed of J. North Fletcher, dated
December 20, 1945, and recorded in the office of the Clerk
of Court for Kershaw County in Deed Book KB, page 445.
(3) All that tract of land lying on both sides of South
Carolina Highway No. 130, containing 189 and 41/100 acres
and being bound as follows:
North by Camp Branch separating from the property
formerly of Leonard Construction Company; East by
South Carolina Highway 30, by property of Marion duPont Scott, now deeded
to the State of South Carolina and by property of Burns; West by property
of Lloyd, by property of Carlos, and by property formerly of Leonard
Construction Company. The above described property is the same conveyed to
Marion duPont Scott by deed of Florence Ebert and Leon B. Barnard dated November
2, 1959, and recorded in the Office of the Clerk of Court for Kershaw County in
Deed Book GB, page 433.
(B) The property must be operated and used as an equestrian center for the
purpose of training, developing, and racing horses under the auspices of Carolina
Cup Racing Association, Incorporated, toward the end that the Carolina Cup races
held annually in the spring as a sanctioned event by the National Steeplechase
and Hunt Association and the Colonial Cup International Steeplechase held in the
fall as a sanctioned event by the National Steeplechase and Hunt Association, be
continued in the manner in which they have formerly been run under the auspices
of Carolina Cup Racing Association, Incorporated.
(C) Carolina Cup Racing Association, Incorporated, a South Carolina non-profit
corporation, (Association) is the authority for the day-to-day management of the
facility and shall continue to operate the facilities located on the property in
the same manner as it has been operated formerly. The Association shall annually
receive the income from the Springdale Fund provided in Section 4 of this act and
shall account quarterly to the State Treasurer, the State Auditor, and the State
Budget and Control Board on the expenditure of funds for the operation of the
training facility. The income from the training facility must be accounted for,
together with an annual audit by an independent certified public accounting firm,
and the audit submitted to the same officials no later than ninety days after the
end of the Association's fiscal year as established by tax election.
Same
SECTION 3. The State of South Carolina hereby accepts the bequest of Marion
duPont Scott in the amount of one million dollars. The bequest must be
maintained by the State Treasurer in a separate account, which is hereby created,
and designated as the "Springdale Fund". The State Treasurer may
accept additional gifts to the Springdale Fund and the State may sell at public
sale by sealed bid or public auction, any of the property referred to in this act
not necessary for the use and maintenance of the facilities as an equestrian
training center. Proceeds of any sale of real property not necessary to the use
or maintenance of an equestrian center must be deposited in the Springdale Fund.
The State Treasurer shall invest and reinvest the Springdale Fund as he
determines appropriate for the production of the greatest income. The State
Treasurer shall quarterly deliver the income from the investments of the
Springdale Fund to the Association for the maintenance and operation of the
facility. The investment income, together with income derived from rental of
stalls and the operation of the facilities as a training and equestrian center,
may be used only for the purpose of equestrian activities and the promotion and
growth of equestrian activities at the equestrian center.
Terms of bequests
SECTION 4. In accordance with the terms of the will of Marion duPont Scott, the
property must be made available to the Association each year for the purpose of
the running of the Carolina Cup races, for the benefit of the Kershaw County
Memorial Hospital, without charge. The net profits from the operation of the
Carolina Cup race, and the other related races run on the same card, must be
remitted to the Kershaw County Memorial Hospital. The Colonial Cup International
Steeplechase and other related races are co-sponsored events by the State of
South Carolina and the Association and so much of the property as is suitable for
the running of the races must be made available for that purpose, without charge.
Same
SECTION 5. The equipment, machinery, and supplies given under the will, for the
operation of the race course, are hereby accepted by the State of South Carolina.
The Association shall annually review the equipment, machinery, and supplies and
it may transfer, swap, purchase, update, and maintain, and otherwise provide for
the necessary equipment for the maintenance of the race course in the manner as
it has been maintained formerly.
Same
SECTION 6. In the operation of the training and equestrian center, the net
profits, if any, exclusive of those attributed to the running of the Carolina Cup
and related races, must be retained for expansion or maintenance of the
Springdale operation or annually be remitted to the State Treasurer and deposited
in the Springdale Fund; but the Association may not retain or carry forward an
amount exceeding thirty-five thousand dollars.
Time effective
SECTION 7. This act shall take effect upon compliance and transfer of the
property, both real and personal, to the State of South Carolina by the executor
of the estate of Marion duPont Scott. |