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868Ratification Number: 263Act Number: 227Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020115Primary Sponsor: LeathermanAll Sponsors: LeathermanDrafted Document Number: l:\council\bills\gjk\20853sd02.docDate Bill Passed both Bodies: 20020418Governor's Action: SDate of Governor's Action: 20020501Subject: Francis Marion University Trustees may enter into ground lease agreement with private entity for on-campus student housing facilitiesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020514 Act No. A227 ------ 20020501 Signed by Governor ------ 20020425 Ratified R263 House 20020418 Read third time, enrolled for ratification House 20020417 Read second time House 20020411 Committee report: Favorable 30 HWM House 20020129 Introduced, read first time, 30 HWM referred to Committee Senate 20020125 Read third time, sent to House Senate 20020124 Read second time, unanimous consent for third reading on the next Legislative day Senate 20020123 Recalled from Committee 06 SF Senate 20020115 Introduced, read first time, 06 SF referred to Committee Versions of This Bill Revised on January 23, 2002 - Word format Revised on April 11, 2002 - Word format
(A227, R263, S868)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY 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.
Be it enacted by the General Assembly of the State of South Carolina:
Student housing facilities
SECTION 1. The 1976 Code is amended by adding:
"Section 59-133-60. The Board of Trustees of Francis Marion 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 Francis Marion 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 Francis Marion University; however, the private entity and Francis Marion University shall adhere to fire, life, and safety codes as required by the Office of the State Engineer."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 25th day of April, 2002.
Approved the 1st day of May, 2002.
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