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A201, R246, S1044
Sponsors: Senator Leatherman
Document Path: l:\council\bills\gjk\21040sd04.doc
Introduced in the Senate on March 9, 2004
Introduced in the House on March 18, 2004
Passed by the General Assembly on March 24, 2004
Governor's Action: April 26, 2004, Signed
Summary: Florence-Darlington Technical College, public/private agreements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/9/2004 Senate Introduced, read first time, placed on calendar without reference SJ-11 3/10/2004 Senate Read second time SJ-16 3/10/2004 Scrivener's error corrected 3/17/2004 Senate Read third time and sent to House SJ-35 3/18/2004 House Introduced, read first time, placed on calendar without reference HJ-9 3/23/2004 House Read second time HJ-95 3/24/2004 House Read third time and enrolled HJ-12 4/20/2004 Ratified R 246 4/26/2004 Signed By Governor 5/3/2004 Copies available 5/3/2004 Effective date 04/26/04 5/18/2004 Act No. 201
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VERSIONS OF THIS BILL
(A201, R246, S1044)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEURIAL OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
Be it enacted by the General Assembly of the State of South Carolina:
Various lease agreements authorized
SECTION 1. Chapter 53, Title 59 of the 1976 Code is amended by adding:
"Section 59-53-740. (A) The Area Commission of Florence-Darlington Technical College 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 facility, the purpose of which shall be determined by the commission 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 the college, 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. 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 approval required herein 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; however, the private entity and the college shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(B) The Area Commission of Florence-Darlington Technical College, upon the approval of the Budget and Control Board, may enter into a lease or lease purchase agreement with a private entity for the entity to occupy a college facility or a facility to be built by the college on college property for the purpose of conducting an entrepreneurial or commercial activity.
(C) The Area Commission of Florence-Darlington Technical College, upon approval of the Budget and Control Board, may enter into a ground lease with a private entity for the private entity to build a facility on property of the college in which the private entity will conduct an entrepreneurial or commercial activity consistent with the scope and mission of the college.
(D) In implementing the provisions of subsections (B) and (C) of this section, full compliance with the provisions of Article X, Section 11 of the Constitution of this State is required."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 20th day of April, 2004.
Approved the 26th day of April, 2004.
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