South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 557


                    Current Status

Bill Number:                      557
Ratification Number:              130
Act Number:                       63
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010405
Primary Sponsor:                  Matthews
All Sponsors:                     Matthews, Patterson, Hutto, Saleeby, 
                                  Land, O'Dell, Jackson, Ford, Glover and 
                                  Anderson
Drafted Document Number:          l:\council\bills\gjk\20433sd01.doc
Date Bill Passed both Bodies:     20010606
Date of Last Amendment:           20010531
Governor's Action:                S
Date of Governor's Action:        20010620
Subject:                          South Carolina State University, ground 
                                  lease agreement, on-campus student housing 
                                  facility; Colleges, Higher Education


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010720  Act No. A63
------  20010620  Signed by Governor
------  20010607  Ratified R130
Senate  20010606  Concurred in House amendment, 
                  enrolled for ratification
House   20010605  Read third time, returned to
                  Senate with amendment
------  20010601  Scrivener's error corrected
House   20010531  Amended, read second time
House   20010530  Debate adjourned until
                  Thursday, 20010531
House   20010530  Request for debate by Representative           Sandifer
                                                                 Edge
                                                                 Kelley
                                                                 Barfield
                                                                 Walker
                                                                 Riser
                                                                 Cooper
                                                                 J. Brown
                                                                 Bingham
                                                                 Knotts
                                                                 Scott
                                                                 Littlejohn
                                                                 Law
                                                                 R. Brown
                                                                 Mack
                                                                 Whatley
                                                                 Clyburn
                                                                 Whipper
                                                                 Cobb-Hunter
House   20010530  Reconsidered vote whereby
                  read second reading
House   20010529  Amended, read second time
House   20010523  Committee report: Favorable with       21 HEPW
                  amendment
House   20010501  Introduced, read first time,           21 HEPW
                  referred to Committee
------  20010430  Scrivener's error corrected
Senate  20010427  Read third time, sent to House
Senate  20010426  Read second time, unanimous
                  consent for third reading on 
                  Friday, 20010427
Senate  20010426  Committee amendment adopted and amended
------  20010425  Scrivener's error corrected
Senate  20010424  Committee report: Favorable with       04 SED
                  amendment
Senate  20010405  Introduced, read first time,           04 SED
                  referred to Committee


              Versions of This Bill
Revised on April 24, 2001 - Word format
Revised on April 25, 2001 - Word format
Revised on April 26, 2001 - Word format
Revised on April 30, 2001 - Word format
Revised on May 23, 2001 - Word format
Revised on May 29, 2001 - Word format
Revised on May 31, 2001 - Word format
Revised on June 1, 2001 - Word format

View additional legislative information at the LPITS web site.


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

(A63, R130, S557)

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.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:12 A.M.