S*0557(Rat #0130, Act #0063 of 2001)  General Bill, By Matthews, Patterson, 
Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-127-85, 59-125-130, 59-130-60, AND 59-117-65 SO AS TO AUTHORIZE THE BOARDS
 OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, WINTHROP UNIVERSITY, COLLEGE
 OF CHARLESTON, AND THE UNIVERSITY OF SOUTH CAROLINA TO ENTER INTO GROUND LEASE
 AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE
 CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING,
 BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING,
 MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF
 THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL
 BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE
 THE VIABILITY AND SUCCESS OF THESE GROUND LEASE AGREEMENT AUTHORIZATIONS FOR
 POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER
 LEARNING WHICH PROVIDE CERTAIN CAMPUS STUDENT HOUSING.-AMENDED TITLE

   04/05/01  Senate Introduced and read first time SJ-3
   04/05/01  Senate Referred to Committee on Education SJ-3
   04/24/01  Senate Committee report: Favorable with amendment
                     Education SJ-24
   04/26/01  Senate Amended SJ-90
   04/26/01  Senate Read second time SJ-90
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-90
   04/27/01  Senate Read third time and sent to House SJ-15
   05/01/01  House  Introduced and read first time HJ-26
   05/01/01  House  Referred to Committee on Education and Public
                     Works HJ-27
   05/23/01  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-90
   05/29/01  House  Amended HJ-71
   05/29/01  House  Read second time HJ-72
   05/30/01  House  Reconsidered HJ-5
   05/30/01  House  Requests for debate-Rep(s). Sandifer, Edge,
                     Kelley, Barfield, Walker, Riser, Cooper, J.
                     Brown, Bingham, Knotts, Clyburn, Scott, Whatley,
                     Littlejohn, Law, R. Brown, Whipper, Mack and
                     Cobb-Hunter HJ-23
   05/30/01  House  Debate adjourned until Thursday, May 31, 2001 HJ-67
   05/31/01  House  Amended HJ-20
   05/31/01  House  Read second time HJ-22
   05/31/01  House  Roll call Yeas-94  Nays-0 HJ-22
   06/05/01  House  Read third time and returned to Senate with
                     amendments HJ-31
   06/06/01  Senate Concurred in House amendment and enrolled SJ-102
   06/07/01         Ratified R 130
   06/20/01         Signed By Governor
   07/03/01         Effective date 06/20/01
   07/03/01         Copies available
   07/18/01         Act No. 63

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-127-85, 59-125-130, 59-130-60, AND 59-117-65 SO AS TO AUTHORIZE THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, WINTHROP UNIVERSITY, THE COLLEGE OF CHARLESTON, AND THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THESE GROUND LEASE AGREEMENT AUTHORIZATIONS FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE CERTAIN CAMPUS STUDENT HOUSING.

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

Board of Trustees, South Carolina State University may enter into ground lease agreements

SECTION 1. The 1976 Code is amended by adding:

"Section 59-127-85. The Board of Trustees of South Carolina State University with the approval of the Budget and Control Board may enter into one or more ground lease agreements with a private entity whereby the private entity will provide 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 unto South Carolina State University, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board must first approve all ground lease agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and South Carolina State University; however, the private entity and South Carolina State University shall adhere to fire, life, and safety codes as required by the Office of the State Engineer."

Board of Trustees, Winthrop University may enter into ground lease agreements

SECTION 2. The 1976 Code is amended by adding:

"Section 59-125-130. The Board of Trustees of Winthrop University with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to Winthrop University, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board first must approve all agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and Winthrop University; however, the private entity and Winthrop University shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

Board of Trustees, College of Charleston may enter into ground lease agreements

SECTION 3. The 1976 Code is amended by adding:

"Section 59-130-60. The Board of Trustees of the College of Charleston with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to the College of Charleston, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board first must approve all agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and the College of Charleston; however, the private entity and the College of Charleston shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

Commission on Higher Education to evaluate viability and success of authorizations

SECTION 4. The Commission on Higher Education, after a period of three years from the effective date of this act, shall evaluate the viability and success of the authorizations for South Carolina State University, Winthrop University, the College of Charleston, and the University of South Carolina-Spartanburg contained in Sections 59-127-85, 59-125-130, 59-130-60, and 59-117-65, respectively and shall make a report thereon to the General Assembly by January 1, 2005. Based on this report, the General Assembly shall consider granting these types of agreement authority to all public institutions of higher learning in this State which provide housing for students.

Board of Trustees, University of South Carolina may enter into ground lease agreements

SECTION 5. The 1976 Code is amended by adding:

"Section 59-117-65. The Board of Trustees of the University of South Carolina with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities at the University of South Carolina-Spartanburg including, but not limited to, ground leasing, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to the University of South Carolina-Spartanburg, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board first must approve all agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and the University of South Carolina-Spartanburg; however, the private entity and the University of South Carolina-Spartanburg shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2001.

Approved the 20th day of June, 2001.