South Carolina General Assembly
105th Session, 1983-1984

Bill 3646


                    Current Status

Bill Number:               3646
Ratification Number:       344
Act Number:                313
Introducing Body:          House
Subject:                   The gift of the "Carolina Cup" accepted
View additional legislative information at the LPITS web site.


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

(A313, R344, H3646)

AN ACT TO ENACT THE MARION DUPONT SCOTT MEMORIAL ACT ACCEPTING THE GIFT TO THE STATE OF SOUTH CAROLINA UNDER THE WILL OF MARION DUPONT SCOTT OF THE SPRINGDALE RACE COURSE IN KERSHAW COUNTY TOGETHER WITH ACCOMPANYING FACILITIES, EQUIPMENT, AND MAINTENANCE FUNDS.

Whereas, the provisions of the will of the late Marion duPont Scott, properly admitted to probate in Kershaw County, gives to the State of South Carolina, with certain conditions, the Springdale Race Course with accompanying facilities in Kershaw County, together with a fund to maintain the property; and

Whereas, in accepting the gifts, the State of South Carolina shall carry out the provisions of the will that the Springdale Race Course, training track, associated facilities, and maintenance fund be used for the purpose of promoting equestrian activities in the State by operating the facilities in association with Carolina Cup Racing Association, Incorporated, for public purposes and not for the benefit of any private organization. Now, therefore,

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

Citation of act

SECTION 1. This act may be cited as the Marion duPont Scott Memorial Act.

Bequest to State

SECTION 2. The State of South Carolina accepts the gift as defined in the will of Marion duPont Scott, and takes title to the property from the executor of the estate of Marion duPont Scott by deed to the State of South Carolina, subject to the following terms and conditions:

(A) The property covered by the the bequest is described as follows:

(1) All that certain tract of land comprising two parcels,

one containing 383 and 35/100 acres, more or less, and being known as the "Springdale Course Track", and another containing 79 and 91/100 acres, more or less, and being known as the "Training Course", being all and the same property which was conveyed to Marion duPont Scott, by deed of the Executors and Trustees of the estate of Florence L. S. Clark, dated June 10, 1954, and recorded in the Office of the Clerk of Court for Kershaw County in Deed Book E.L., page 577.

(2) All that certain tract of land known as the "Virginians Stable Property" and containing 9 acres, more or less, being all and the same as the property conveyed to Marion duPont Scott by deed of J. North Fletcher, dated December 20, 1945, and recorded in the office of the Clerk

of Court for Kershaw County in Deed Book KB, page 445.

(3) All that tract of land lying on both sides of South

Carolina Highway No. 130, containing 189 and 41/100 acres

and being bound as follows:

North by Camp Branch separating from the property

formerly of Leonard Construction Company; East by

South Carolina Highway 30, by property of Marion duPont Scott, now deeded to the State of South Carolina and by property of Burns; West by property of Lloyd, by property of Carlos, and by property formerly of Leonard Construction Company. The above described property is the same conveyed to Marion duPont Scott by deed of Florence Ebert and Leon B. Barnard dated November 2, 1959, and recorded in the Office of the Clerk of Court for Kershaw County in Deed Book GB, page 433.

(B) The property must be operated and used as an equestrian center for the purpose of training, developing, and racing horses under the auspices of Carolina Cup Racing Association, Incorporated, toward the end that the Carolina Cup races held annually in the spring as a sanctioned event by the National Steeplechase and Hunt Association and the Colonial Cup International Steeplechase held in the fall as a sanctioned event by the National Steeplechase and Hunt Association, be continued in the manner in which they have formerly been run under the auspices of Carolina Cup Racing Association, Incorporated.

(C) Carolina Cup Racing Association, Incorporated, a South Carolina non-profit corporation, (Association) is the authority for the day-to-day management of the facility and shall continue to operate the facilities located on the property in the same manner as it has been operated formerly. The Association shall annually receive the income from the Springdale Fund provided in Section 4 of this act and shall account quarterly to the State Treasurer, the State Auditor, and the State Budget and Control Board on the expenditure of funds for the operation of the training facility. The income from the training facility must be accounted for, together with an annual audit by an independent certified public accounting firm, and the audit submitted to the same officials no later than ninety days after the end of the Association's fiscal year as established by tax election.

Same

SECTION 3. The State of South Carolina hereby accepts the bequest of Marion duPont Scott in the amount of one million dollars. The bequest must be maintained by the State Treasurer in a separate account, which is hereby created, and designated as the "Springdale Fund". The State Treasurer may accept additional gifts to the Springdale Fund and the State may sell at public sale by sealed bid or public auction, any of the property referred to in this act not necessary for the use and maintenance of the facilities as an equestrian training center. Proceeds of any sale of real property not necessary to the use or maintenance of an equestrian center must be deposited in the Springdale Fund. The State Treasurer shall invest and reinvest the Springdale Fund as he determines appropriate for the production of the greatest income. The State Treasurer shall quarterly deliver the income from the investments of the Springdale Fund to the Association for the maintenance and operation of the facility. The investment income, together with income derived from rental of stalls and the operation of the facilities as a training and equestrian center, may be used only for the purpose of equestrian activities and the promotion and growth of equestrian activities at the equestrian center.

Terms of bequests

SECTION 4. In accordance with the terms of the will of Marion duPont Scott, the property must be made available to the Association each year for the purpose of the running of the Carolina Cup races, for the benefit of the Kershaw County Memorial Hospital, without charge. The net profits from the operation of the Carolina Cup race, and the other related races run on the same card, must be remitted to the Kershaw County Memorial Hospital. The Colonial Cup International Steeplechase and other related races are co-sponsored events by the State of South Carolina and the Association and so much of the property as is suitable for the running of the races must be made available for that purpose, without charge.

Same

SECTION 5. The equipment, machinery, and supplies given under the will, for the operation of the race course, are hereby accepted by the State of South Carolina. The Association shall annually review the equipment, machinery, and supplies and it may transfer, swap, purchase, update, and maintain, and otherwise provide for the necessary equipment for the maintenance of the race course in the manner as it has been maintained formerly.

Same

SECTION 6. In the operation of the training and equestrian center, the net profits, if any, exclusive of those attributed to the running of the Carolina Cup and related races, must be retained for expansion or maintenance of the Springdale operation or annually be remitted to the State Treasurer and deposited in the Springdale Fund; but the Association may not retain or carry forward an amount exceeding thirty-five thousand dollars.

Time effective

SECTION 7. This act shall take effect upon compliance and transfer of the property, both real and personal, to the State of South Carolina by the executor of the estate of Marion duPont Scott.