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Sponsors: Reps. Clemmons, Harrell, Merrill and Ceips
Document Path: l:\council\bills\dka\3649mm06.doc
Introduced in the House on March 8, 2006
Currently residing in the House Committee on Ways and Means
Summary: Ports Authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/8/2006 House Introduced and read first time HJ-43 3/8/2006 House Referred to Committee on Ways and Means HJ-43
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VERSIONS OF THIS BILL
TO INSTRUCT THE STATE PORTS AUTHORITY TO ACT, WITHIN ONE HUNDRED EIGHTY DAYS OF A JUDICIAL DETERMINATION OF ITS EXCLUSIVE RIGHT TO DO SO, TO BEGIN CONDEMNATION PROCEEDINGS AGAINST LAND IN JASPER COUNTY ON THE SAVANNAH RIVER AND ISSUE A REQUEST FOR PROPOSALS FOR THE INITIATION OF CONSTRUCTION OF SHIPPING FACILITIES AT THE SITE ON THE SAVANNAH RIVER, AND TO COMMENCE THE SALE OF OPERATIONS AND ASSETS OF THE PORT OF PORT ROYAL AND THE AUTHORITY-OWNED LAND ON DANIEL ISLAND BY JUNE 30, 2006, WITH PROGRESS REPORTS TO THE GENERAL ASSEMBLY WITHIN NINETY DAYS OF THE JUDICIAL DETERMINATION AND BY MAY 15, 2006, AND TO PROVIDE THE PROCEDURES FOR A "MOST FINANCIALLY ADVANTAGEOUS" SALE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Within one hundred eighty days of the issuance of the judicial affirmation of its exclusive right to develop shipping facilities on the Savannah River in Jasper County, the State Ports Authority shall:
(1) begin condemnation proceedings in connection with the one thousand seven hundred seventy-six acres of land in Jasper County for the development of the shipping facilities; and
(2) issue a request for proposals from private companies to assist the Authority in developing the shipping facilities at the proposed Jasper County Port.
(B) Within ninety days of the issuance of the judicial affirmation of its exclusive right to develop shipping facilities on the Savannah River in Jasper County, the Authority shall report to the General Assembly on its progress including, but not limited to, its condemnation schedule and its plans for the development of the shipping facilities.
SECTION 2. (A) The State Ports Authority shall commence the sale of the operations and assets of the Port of Port Royal and the Authority-owned land on Daniel Island in a manner most advantageous financially to the State.
(B)(1) The sale of the operations and personal property of the Port of Port Royal most financially advantageous to the State may be the sale of its operations as an ongoing business, a sale of its personal property after appraisal, or a combination of both, to be determined through the Consolidated Procurement Code processes of competitive best value bidding, Section 11-35-1528, or competitive sealed proposals, Section 11-35-1530, and approved by the State Budget and Control Board.
(2) The sale of the real property at the Port of Port Royal and the land owned on Daniel Island most financially advantageous to the State is a sale consistent with Section 54-3-700, in which the real property is first appraised and then sold at fair market value. The real property appraiser must be a State Certified General Real Estate Appraiser, a Member of the Appraisal Institute (MAI), and must be knowledgeable in appraisal and in appraising marine properties. The appraisal of the real property must include its future development opportunities and those of the surrounding properties. The sale of the real property must comply with all state procedures, must be approved by the Budget and Control Board, and must be on an open-bid basis; except that a bid may not be accepted if it is less than the property's fair market value as shown by the appraisal.
(C) The sale of the Port of Port Royal and the Authority-owned lands on Daniel Island must commence as soon as practicable, except that requests for bids or proposals for the sale must be issued not later than June 30, 2006. The Authority shall report to the General Assembly no later than May 15, 2006, on the progress of the sales of the Port of Port Royal and the Authority-owned lands on Daniel Island.
SECTION 3. This joint resolution takes effect upon approval by the Governor.
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