South Carolina General Assembly
114th Session, 2001-2002

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Bill 557


Indicates Matter Stricken
Indicates New Matter


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


COMMITTEE REPORT

May 23, 2001

    S. 557

Introduced by Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson

S. Printed 5/23/01--H.

Read the first time May 1, 2001.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

    To whom was referred a Bill (S. 557) to amend the Code of Laws of South Carolina, 1976, by adding Section 59-127-85 so as to authorize the Board of Trustees of South Carolina State University to enter into a ground lease agreement with a private entity for providing all services necessary to the creation and operation of an on-campus student housing facility, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking SECTION 4 and inserting:

    /SECTION    4.    The Commission on Higher Education, after a period of three years from the effective date of this act, shall evaluate the viability and success of the authorizations for South Carolina State University, Winthrop University, and the College of Charleston contained in Sections 59-127-85, 59-125-130, and 59-130-60, respectively, and shall make a report thereon to the General Assembly by January 1, 2005. Based on this report, the General Assembly shall consider granting these types of agreement authority to all public institutions of higher learning in this State which provide housing for students. /

    Renumber sections to conform.

    Amend totals and title to conform.

RONALD P. TOWNSEND for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO 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, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 59-127-85.    The Board of Trustees of South Carolina State 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, construction, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender unto South Carolina State 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 was 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 South Carolina State University; however, the private entity and South Carolina State University shall adhere to fire, life, and safety codes as required by the Office of the State Engineer."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 59-125-130.    The Board of Trustees of Winthrop University with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to Winthrop 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 first must approve all 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 Winthrop University; however, the private entity and Winthrop University shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

SECTION    3.    The 1976 Code is amended by adding:

    "Section 59-130-60.    The Board of Trustees of the College of Charleston with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to the College of Charleston, 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 first must approve all 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 the College of Charleston; however, the private entity and the College of Charleston shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

SECTION    4.    The Commission on Higher Education, after a period of three years from the effective date of this act, shall evaluate the viability and success of the authorizations for South Carolina State University and Winthrop University contained in Sections 59-127-85 and 59-125-130, respectively, and shall make a report thereon to the General Assembly by January 1, 2005. Based on this report, the General Assembly shall consider granting these types of agreement authority to all public institutions of higher learning in this State which provide housing for students.

SECTION    5.    This act takes effect upon approval by the Governor

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