(A) The Area Commission of Florence-Darlington Technical College with the approval of the Department of Administration or State Fiscal Accountability Authority, as appropriate, 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 facility, the purpose of which shall be determined by the commission 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 unto the college, 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 Department of Administration or State Fiscal Accountability Authority, as appropriate, 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 any statement to the contrary is deemed null and void as a matter of public policy. The approval required herein 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; however, the private entity and the college shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(B) The Area Commission of Florence-Darlington Technical College, upon the approval of the Department of Administration or State Fiscal Accountability Authority, as appropriate, may enter into a lease or lease purchase agreement with a private entity for the entity to occupy a college facility or a facility to be built by the college on college property for the purpose of conducting an entrepreneurial or commercial activity.
(C) The Area Commission of Florence-Darlington Technical College, upon approval of the Department of Administration or State Fiscal Accountability Authority, as appropriate, may enter into a ground lease with a private entity for the private entity to build a facility on property of the college in which the private entity will conduct an entrepreneurial or commercial activity consistent with the scope and mission of the college.
(D) In implementing the provisions of subsections (B) and (C) of this section, full compliance with the provisions of Article X, Section 11 of the Constitution of this State is required.
(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Chapter 35 of Title 11.
HISTORY: 2004 Act No. 201, Section 1, eff April 26, 2004; 2008 Act No. 275, Section 2, eff June 5, 2008.
Effect of Amendment
The 2008 amendment added subsection (E) relating to compliance with the Procurement Code.
Structure South Carolina Code of Laws
Chapter 53 - Technical And Vocational Education And Training
Section 59-53-50. Additional powers and duties of Board.
Section 59-53-51. Board to establish statewide policies and procedures; appeal by area commission.
Section 59-53-52. Powers and duties of area commissions.
Section 59-53-53. Borrowing by area commissions; special fees; disposing of excess real property.
Section 59-53-57. State funds; procedures for appropriations.
Section 59-53-70. Branches of University of South Carolina.
Section 59-53-90. Applications for Federal funds.
Section 59-53-150. Legislative findings.
Section 59-53-151. Definitions.
Section 59-53-152. Board may construct or acquire plant improvements.
Section 59-53-153. Bond issues.
Section 59-53-154. Bond issues; full faith and credit of State shall not be pledged.
Section 59-53-155. Bond issues; resolutions by board; limitations.
Section 59-53-156. Bond issues; maturing provisions; interest; redemption.
Section 59-53-157. Bond issues; negotiable coupon bonds or fully registered bonds.
Section 59-53-158. Bond issues; tax-exempt status.
Section 59-53-159. Bond issues; executors and administrators.
Section 59-53-160. Bond issues; executed in name of subject college.
Section 59-53-161. Bond issues; disposal of bonds.
Section 59-53-162. Proceeds of bonds.
Section 59-53-163. Bond reserve fund and student fee.
Section 59-53-164. When student fee is payable; payment of costs from reserve fund.
Section 59-53-165. Board's power regarding resolutions authorizing bond issues.
Section 59-53-166. State Treasurer may accept custody of receipts from special student fee.
Section 59-53-167. Article not intended to limit any college.
Section 59-53-210. Creation of District; Commission.
Section 59-53-220. Members of Commission; terms.
Section 59-53-230. Officers of Commission; conduct of business.
Section 59-53-240. Technical college.
Section 59-53-250. Cost of operation and maintenance of center.
Section 59-53-260. Disposition of center.
Section 59-53-270. Powers of commission.
Section 59-53-290. Ground lease agreements.
Section 59-53-410. Creation of commission; membership; officers; meetings; reports.
Section 59-53-420. Powers of commission.
Section 59-53-430. Accounts of commission; audits.
Section 59-53-460. Citation of subarticle.
Section 59-53-465. Definitions.
Section 59-53-470. Trident Technical College Enterprise Authority created; governance.
Section 59-53-475. Board powers.
Section 59-53-485. Issuance of bonds.
Section 59-53-490. Reports on development and use of enterprise campus.
Section 59-53-500. Tax exemption; interest on bonds.
Section 59-53-510. Creation of commission; membership.
Section 59-53-520. Administration of program of vocational and technical education.
Section 59-53-530. Powers and duties of commission.
Section 59-53-540. Accounts of commission; audit.
Section 59-53-610. Denmark Technical College Area Commission created; members; terms.
Section 59-53-620. Selection of members.
Section 59-53-630. Powers and funding of commission; ground lease agreements.
Section 59-53-710. Committee as a body politic and corporate; membership.
Section 59-53-720. Administration of program of vocational and technical education.
Section 59-53-730. Powers and duties of committee.
Section 59-53-740. Lease agreements for creation, operation, or use of campus facilities.
Section 59-53-810. Creation of commission; membership; officers.
Section 59-53-820. Technical educational center; reversion on dissolution.
Section 59-53-830. Powers and duties of commission.
Section 59-53-840. Accounts of commission; audit.
Section 59-53-850. Annual reports.
Section 59-53-910. Creation of commission; appointment and terms of members; election of officers.
Section 59-53-930. Powers of commission; preparation of annual budget; funding.
Section 59-53-940. Accounting requirements; annual audit.
Section 59-53-1010. Creation of commission; membership; officers.
Section 59-53-1020. Development of vocational technical training program.
Section 59-53-1030. Powers of Commission.
Section 59-53-1040. Accounts of commission; audits.
Section 59-53-1060. Apportionment of expenses.
Section 59-53-1110. Commission created; members; appointment; organization.
Section 59-53-1120. Powers and duties; name of institution.
Section 59-53-1130. Receipt and administration of funds; gifts and grants.
Section 59-53-1140. Submission of annual budget.
Section 59-53-1210. Creation of district; commission.
Section 59-53-1220. Membership of Commission; officers.
Section 59-53-1230. Technical education center.
Section 59-53-1240. General powers of commission.
Section 59-53-1250. Expenses of district.
Section 59-53-1270. Disposition of center.
Section 59-53-1310. Creation of commission; membership; terms; election of chairman and officers.
Section 59-53-1320. Powers and duties.
Section 59-53-1330. Annual local accounting; funding for capital improvements.
Section 59-53-1410. Creation of commission; membership; officers.
Section 59-53-1420. Duties of commission.
Section 59-53-1430. Powers of commission.
Section 59-53-1440. Representation contingent upon financial support and participation.
Section 59-53-1450. Accounts of commission; audit.
Section 59-53-1500. Greenville Technical College Area Commission.
Section 59-53-1510. Accounting.
Section 59-53-1610. Commission renamed.
Section 59-53-1710. Creation of commission; membership; officers.
Section 59-53-1720. Powers and duties of commission.
Section 59-53-1730. Participating counties to appropriate and contribute funds to commission.
Section 59-53-1740. Commission to keep certain records; audit; filing of audit.
Section 59-53-1750. Commission to make annual written report; filing of report.
Section 59-53-1780. Short title.
Section 59-53-1781. Definitions.
Section 59-53-1783. Powers of board.
Section 59-53-1786. Annual report.
Section 59-53-1787. Exemption from taxes and assessments.
Section 59-53-1830. Career and Technology training funds.
Section 59-53-1840. Annual appropriation for career and technology education.
Section 59-53-1850. Disbursement of funds.
Section 59-53-1860. Use of funds.
Section 59-53-1870. Expenditure of funds; instructional program standards; review.
Section 59-53-1890. Affiliation agreements.
Section 59-53-1910. Joint career and technology school funding.
Section 59-53-1920. Powers of joint career and technology school boards.
Section 59-53-1930. Fiscal year; audits.
Section 59-53-1980. Committee to study areas of career and technology training; recommendations.
Section 59-53-2010. Definitions.
Section 59-53-2040. Acceptance of donations.
Section 59-53-2050. Reduction of insurance rates upon completion of program.
Section 59-53-2400. Definitions.
Section 59-53-2410. Technical College Enterprise Campus Authorities created; purpose.
Section 59-53-2440. Issuance of bonds, notes, other obligations, or indebtedness.
Section 59-53-2450. Annual report.