2007-2008 Bill 950: Denmark Technical College Area Commission - South Carolina Legislature

South Carolina General Assembly

117th Session, 2007-2008

A275, R303, S950

STATUS INFORMATION

General Bill

Sponsors: Senators Hutto and Matthews

Document Path: l:\council\bills\dt\27003bb08.doc

Introduced in the Senate on January 8, 2008

Introduced in the House on April 29, 2008

Last Amended on May 15, 2008

Passed by the General Assembly on May 28, 2008

Governor's Action: June 4, 2008, Vetoed

Legislative veto action(s): Veto overridden

Summary: Denmark Technical College Area Commission

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

1/8/2008 Senate Introduced and read first time SJ74

1/8/2008 Senate Referred to Committee on Education SJ74

2/14/2008 Senate Committee report: Favorable with amendment Education SJ32

2/15/2008 Scrivener's error corrected

4/24/2008 Senate Committee Amendment Adopted SJ64

4/24/2008 Senate Read second time SJ64

4/24/2008 Senate Unanimous consent for third reading on next legislative day SJ64

4/25/2008 Scrivener's error corrected

4/25/2008 Senate Read third time and sent to House SJ1

4/29/2008 House Introduced, read first time, placed on calendar without reference HJ5

4/30/2008 House Debate adjourned until Tuesday, May 6, 2008 HJ68

4/30/2008 Scrivener's error corrected

5/7/2008 House Debate adjourned until Thursday, May 8, 2008 HJ14

5/8/2008 House Amended HJ14

5/8/2008 House Read second time HJ16

5/8/2008 House Unanimous consent for third reading on next legislative day HJ17

5/9/2008 House Read third time and returned to Senate with amendments HJ1

5/15/2008 Senate House amendment amended

5/15/2008 Senate Returned to House with amendments SJ122

5/28/2008 House Concurred in Senate amendment and enrolled

5/29/2008 Ratified R 303

6/4/2008 Vetoed by Governor

6/5/2008 Senate Veto overridden by originating body Yeas44 Nays0

6/5/2008 House Veto overridden Yeas84 Nays0 HJ93

6/16/2008 Copies available

6/16/2008 Effective date 06/05/08

6/17/2008 Act No.275

VERSIONS OF THIS BILL

1/8/2008

2/14/2008

2/15/2008

4/24/2008

4/25/2008

4/29/2008

4/30/2008

5/8/2008

5/15/2008

(A275, R303, S950)

AN ACT TO AMEND SECTION 5953630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTIONS 5953740, 5911765, 59125130, 5912785, 5913060, AND 5913360, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 5953290 SO AS TO ALLOW THE AREA COMMISSION OF TRICOUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.

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

Denmark Technical College Area Commission ground lease agreements

SECTION 1. Section 5953630 of the 1976 Code is amended to read:

“Section 5953630. (A) The commission has the same powers as provided by Article 1, Chapter 53, Title 59 of the 1976 Code, and in addition must prepare and submit its annual budget for approval to the State Board of Technical and Comprehensive Education.

(B) Denmark Technical College shall be funded in accordance with the provisions of Section 6 of Act 654 of 1976.

(C) The Denmark Technical College Area Commission, with the approval of the State Budget and Control Board, may enter into one or more ground lease agreements with a private entity in which the private entity provides all services necessary for the creation and operation of an oncampus 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 to the Denmark Technical College Area Commission such premises with the existing buildings, other structures, and improvements constructed and located on the premises, in the same condition as when the construction of the buildings, other structures, and improvements were completed, with only natural and normal wear and tear excepted. The State 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 a statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The State Budget and Control Board approval required shall be in lieu of or a substitute for other approval required by another provision of law or regulation in connection with the undertaking of the private entity and Denmark Technical College. However, the private entity and the Denmark Technical College Area Commission shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.

(D) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11.”

FlorenceDarlington Technical College ground lease agreements

SECTION 2. Section 5953740 of the 1976 Code, as added by Act 201 of 2004, is amended by adding at the end to read:

“(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11.”

University of South Carolina ground lease agreements

SECTION 3. Section 5911765 of the 1976 Code is amended by adding at the end to read: