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H. 3394
STATUS INFORMATION
General Bill
Sponsors: Reps. W.D. Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey, Talley and Mitchell
Document Path: l:\council\bills\ggs\22687sj07.doc
Introduced in the House on January 31, 2007
Introduced in the Senate on April 24, 2007
Last Amended on April 19, 2007
Currently residing in the Senate Committee on Education
Summary: Spartanburg Community College Enterprise Campus Authority Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/31/2007 House Introduced and read first time HJ-13
1/31/2007 House Referred to Committee on Education and Public Works HJ-14
4/10/2007 House Member(s) request name added as sponsor: Mitchell
4/18/2007 House Committee report: Favorable with amendment Education and
Public Works HJ-5
4/19/2007 House Amended HJ-16
4/19/2007 House Read second time HJ-18
4/19/2007 House Unanimous consent for third reading on next legislative
day HJ-18
4/20/2007 House Read third time and sent to Senate HJ-1
4/20/2007 Scrivener's error corrected
4/24/2007 Senate Introduced, read first time, placed on local &
uncontested calendar SJ-4
5/2/2007 Senate Committed to Committee on Education SJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/31/2007
4/18/2007
4/19/2007
4/20/2007
4/24/2007
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 24, 2007
H. 3394
Introduced by Reps. W.D. Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey, Talley and Mitchell
L. Printed 4/24/07--S.
Read the first time April 24, 2007.
TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 906 OF 1962, AS AMENDED, AND SECTION 2 OF ACT 197 OF 1973, BOTH RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, AS SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 OF THE 1976 CODE, TO BE CONTAINED IN ARTICLE 14, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION"; TO REDUCE FROM FOUR TO TWO THE MEMBERS APPOINTED AT LARGE FROM SPARTANBURG COUNTY AND TO ADD ONE MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND ONE MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY AND PROVIDE TRANSITION PROVISIONS; AND BY ADDING SUBARTICLE 3 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPARTANBURG COMMUNITY COLLEGE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF ITS CHEROKEE COUNTY AND TYGER RIVER CAMPUSES, TO PROVIDE FOR THE CREATION OF THE SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE AUTHORITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 1, 2, 3, and 4 of Act 906 of 1962, as amended, and Section 2 of Act 197 of 1973, are hereby designated as Sections 59-53-1110, 59-53-1120, 59-53-1130, and 59-53-1140 of the 1976 Code to be contained in Subarticle 1, Article 14, Chapter 53 of Title 59. Subarticle 1 of Article 14 so designated is amended to read:
Section 59-53-1110. (A) (Formerly Section 1 of Act 906 of 1962, as last amended by Act 432 of 2006) There is created the Spartanburg County Commission for Technical and Community Education, which is a body politic and corporate and consists of thirteen members. The present members of the Spartanburg County Committee Commission for Technical and Community Education shall continue to hold office as members of this commission for the terms for which they have been appointed, and the new members thereafter are appointed by the Governor for terms of four years each, upon the recommendation of a majority of the Spartanburg County Legislative Delegation. Each of the seven school districts of the county Spartanburg County shall have one member, Cherokee County School District One and the School District of Union County each shall have one member, and four two members must be appointed from the county Spartanburg County at large. Of the four The two at-large members, no two members may not be from the same district. The Chairman of the Spartanburg County Planning and Development Board and the Chairman of the County District Superintendents of Education or a designated alternative superintendent are ex officio members. The commission shall meet as soon after appointment as practicable and shall organize by electing a chairman and other officers as it considers necessary. Thereafter, the commission shall meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation and the board of education.
(B) (Formerly Section 2 of Act 197 of 1973) The two additional members of the commission provided for in Section 1 shall be appointed for four-year terms beginning on the date of appointment.
Section 59-53-1120. (Formerly Section 2 of Act 906 of 1962, as last amended by Act 432 of 2006) (A) The commission is responsible for the development and implementation of an adequate vocational and technical training program, which includes, but is not limited to, the following:
(1) a crash program coordinated with our industrial expansion effort, which will provide immediate training for established industries and provide immediate training for particular industries;
(2) technical training programs primarily designed to train high school graduates as technicians for initial employment in industry; and
(3) provide trade extension courses to persons who desire employment in industries and also to those presently employed who wish to improve their skills.
(B) The commission, in carrying out these programs, shall cooperate with all school districts and all county, state, and federal agencies designed to further technical education. The commission may purchase or lease equipment, hire personnel, including a president and instructors, enter into contracts, make regulations, and do other things necessary to carry out the provisions of this act, or to qualify to receive state or federal aid under any present or future statute, policy, or regulation. The commission is considered an operating unit under the general laws governing the lending of funds for capital improvements by the State Educational Finance Commission.
(C) The educational institution created by the commission, in its discretion, may be named Spartanburg Technical College, Spartanburg Community College, or any variation the commission considers appropriate. However, for purposes of all provisions of law governing the operation of the institution, it shall be considered a technical college.
Section 59-53-1130. (Formerly Section 3 of Act 906 of 1962, as last amended by Act 477 of 1969) The commission shall receive and administer the funds received by it from all sources and make its accounting to the county board of commissioners annually. The commission may receive gifts or grants of funds or property of any nature.
Section 59-53-1140. (Formerly Section 4 of Act 906 of 1962, as last amended by Act 477 of 1969) The commission shall submit a budget to the county board of commissioners on or before by March first of each year."
SECTION 2. Notwithstanding the provisions of Section 59-53-1110 as codified in Section 1 of this act, the four at-large members serving on the effective date of this act shall continue to serve until the expiration of their terms or until a vacancy occurs, after which only two such members must be appointed.
SECTION 3. (A) The General Assembly finds that the Spartanburg County Commission for Technical and Community Education is in a unique position to be an active and full participant in the state's effort to promote and enhance the economic development of this State through the location and development of high-technology businesses and industries. Further, the General Assembly finds that the role of the commission to provide educational and job-training opportunities for area citizens complements and enhances the ability of the state's research universities to pursue and engage the high-technology community. Further, the General Assembly finds that the commission can better utilize its resources, particularly its Cherokee County and Tyger River Campuses, if the necessary powers and flexibility are granted by the General Assembly for the commission to fulfill its role in a high-technology economy. Further, the General Assembly finds that it is in the best interest of the State to provide the powers and flexibility for Spartanburg Community College and that the best method for accomplishing this is through the creation and establishment of a separate and distinct instrumentality of the State.
(B) The General Assembly has determined that the authorizations contained in this act are in the public interest, serve a public purpose, and promote the health, safety, welfare, and convenience of the people of the State.
SECTION 4. Article 14, Chapter 53, Title 59 of the 1976 Code, as added by Section 1 of this act, is amended by adding:
Section 59-53-1180. This subarticle may be cited as the 'Spartanburg Community College Enterprise Campus Authority Act'.
Section 59-53-1181. As used in this subarticle:
(1) 'Authority' means the Spartanburg Community College Enterprise Campus Authority.
(2) 'Board' means the governing body of the authority.
(3) 'Commission' means the Spartanburg County Commission for Technical and Community Education pursuant to Subarticle 1 of this article.
(4) 'Enterprise Campus' means the real and personal property subject to the management and control of the authority. The Enterprise Campus may consist of one or more tracts or parcels of real property and none of the tracts or parcels has to be contiguous with other properties constituting the Enterprise Campus.
Section 59-53-1182. (A) There is created a body politic and corporate known as the Spartanburg Community College Enterprise Campus Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this subarticle is the performance of an essential public function. The authority is governed by a board, which consists of members of the commission. All members serve ex-officio. Persons serving as chairman, vice-chairman, treasurer, and secretary of the commission shall serve in the same capacity on the board. The members of the board shall receive per diem as provided for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties.
(B) The board shall exercise the powers of the authority.
(C) The purpose of the authority is to provide for the management, development, and operation of the Enterprise Campus.
Section 59-53-1183. (A) In addition to the powers contained elsewhere in this subarticle, the board has all power necessary, useful, or appropriate to operate and administer the authority, to effectuate the purposes of the authority, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) sue and be sued in its own name;
(3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this subarticle for the administration of the authority's affairs and the implementation of its functions;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) buy, purchase, or otherwise acquire real and personal property and other assets and sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its real and personal property and other assets, upon such terms and conditions the board determines;
(7) employ agents, advisors, consultants, engineers, architects, attorneys, accountants, construction and financial experts, land planners, superintendents, managers, and other employees and agents as necessary in the board's judgment in connection with any aspect of the Enterprise Campus and to determine their duties and to fix their compensation;
(8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entities, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) receive, accept, and expend from any source including any federal, state, or other public agency and any private agency, person, or other entity appropriated funds, donations, loans, grants, aid, or contributions of money, property, labor, or other things of value;
(11) invest or reinvest its funds as provided in Section 11-9-660;
(12) make contracts and guarantees, incur liabilities, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner determined to be in the best interest of the authority. Any guarantee or indebtedness of the authority does not create an obligation of the State or commission, nor must the guarantee or indebtedness be considered a debt against the general revenue of the State or commission;
(13) fix and revise when necessary and charge and collect rates, fees, rents, and charges for the use of, and for the services furnished by it, for all or any portion of the Enterprise Campus;
(14) determine the character of the Enterprise Campus, and acquire, develop, construct, and provide for the Enterprise Campus, and maintain, repair, and operate, and enter into contracts for the management, lease, use, or operation of all or any portion of the Enterprise Campus;
(15) establish and enforce, and agree through any resolution or trust agreement authorizing or securing bonds, notes, or other obligations or indebtedness of the authority to make and enforce rules and regulations for the use of and services rendered by the authority for the Enterprise Campus;
(16) appoint and provide for advisory committees;
(17) establish not-for-profit corporations in accordance with applicable corporate law and with the powers as provided by the applicable corporate law; and
(18) do all other things necessary or convenient to exercise the powers granted or reasonably implied by this subarticle.
(B) The powers contained in this subarticle include the power to enter into contracts and other agreements with public or private entities for the lease of authority property, the construction, occupancy, use, and ownership by the public or private entity of buildings or other facilities on authority property, and the conveyance of the public or private entity's property to the authority at the end of any applicable contract or agreement.
Section 59-53-1184. (A) The authority shall comply with the provisions of Chapter 47 of Title 2, but only State Budget and Control Board approval is required for leases and lease purchase agreements, including ground lease agreements, the terms and conditions thereof, and the consideration involved, for the construction or use of facilities on the Enterprise Campus. Upon the expiration of the lease purchase agreements, including ground lease agreements, the private entity shall surrender to the authority the premises with the existing buildings, other structures, and improvements constructed and located on the Enterprise Campus, 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 approval of the State Budget and Control Board required for leases and lease purchase agreements, including ground lease agreements, is in lieu of or a substitute for any other approval required by any other provision of law or regulation. The full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is void as a matter of public policy.
The authority shall adhere to fire, life, and safety codes as required by the Office of State Engineer. In the leasing of property and the granting of easements and rights-of-way by the authority, the authority is exempt from the provisions of Sections 1-11-55, 1-11-56, and 10-1-130.
(B) For all matters associated with the Enterprise Campus, the authority is exempt from the South Carolina Consolidated Procurement Code, however, the authority shall adopt a procurement policy requiring competitive solicitations, and the policy must be filed with and approved by the State Budget and Control Board. The policy must include provisions for audit and recertification.
(C) The authority is exempt from all regulations and general laws governing disposal of surplus government property.
Section 59-53-1185. (A) The authority may issue bonds in the same manner and for the same purposes, including the purposes of the authority, pursuant to the provisions of the Higher Education Revenue Bond Act, as provided in Chapter 147, Title 59.
(B) The issuance by the authority of any bonds, notes, or other obligations or indebtedness is subject to the approval of them by resolution of the State Budget and Control Board.
(C) Bonds, notes, or other obligations or indebtedness of the authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, the commission, or any of the state's political subdivisions other than the authority, but are payable only from the revenue, money, or property of the authority as provided in this subarticle. The bonds, notes, or other obligations or indebtedness of the authority do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. A member of the board or a person executing bonds, notes, or other obligations or indebtedness of the authority is not liable personally on the bonds, notes, or other obligations or indebtedness by reason of their issuance or execution. Each bond, note, or other obligation or indebtedness must contain on its face a statement to the effect that:
(1) neither the State, the commission, nor any of the state's political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged;
(2) neither the full faith and credit, nor the taxing power of the State, nor any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond, note, or other obligation or indebtedness; and
(3) the authority does not have taxing power.
Section 59-53-1186. The authority shall submit an annual report on the development and use of the Enterprise Campus to the State Board for Technical and Comprehensive Education, the Governor, the State Budget and Control Board, the Chair of the Ways and Means Committee of the House of Representatives, and the Chair of the Finance Committee of the Senate. The report must be submitted not later than six months after the end of each fiscal year.
Section 59-53-1187. The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay any taxes or assessments upon any property or upon any of its activities or operations or the income from them, or any taxes or assessments upon any property acquired or used by the authority or upon the income from them. Any bonds, notes, or other obligations or indebtedness issued by the authority and the income from them is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 59-53-1188. (A) The Cherokee County campus means the commission's real property and facilities located off Highway 11 near Interstate 85. The property also adjoins the western Frontage Road to Interstate 85 in Gaffney, South Carolina. The Tyger River Campus means the commission's real property and facilities that are located on 1875 East Main Street (Highway 290) in Duncan in Spartanburg County. 'Enterprise Campus' means either the Cherokee County or the Tyger River Campuses of Spartanburg Community College.
(B) The commission may provide for the management, development, and operation of part or all of its Cherokee County and Tyger River Campuses property by the Spartanburg Community College Enterprise Campus Authority.
(C) The commission is authorized to enter into contracts with the Spartanburg Community College Enterprise Campus Authority for the provision of executive and administrative services to the authority.
(D) In the fulfillment of the power contained in this section, the commission is authorized to sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the Cherokee County and Tyger River Campuses to the Spartanburg Community College Enterprise Campus Authority upon such terms and conditions as the commission determines. The commission may sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the Enterprise Campus, other than the Cherokee County and Tyger River Campuses, to the Spartanburg Community College Enterprise Campus Authority only upon approval by the State Board for Technical and Comprehensive Education. The commission may buy, purchase, or otherwise acquire and accept real and personal property and other assets from the Spartanburg Community College Enterprise Campus Authority only in accordance with all regulations and general laws applicable to state-supported technical institutions in the acquisition and acceptance of real and personal property and other assets."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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