§ 59-53-1784 — Lease agreements for construction and use of Enterprise Campus facilities; procurement policy; disposal of surplus property.

(A) The authority must comply with the provisions of Chapter 47 of Title 2; provided, however, only State Department of Administration or State Fiscal Accountability Authority, as appropriate, approval is required for leases and lease purchase agreements, including ground lease agreements, the terms and conditions thereof, and the consideration involved, for the construction or use of facilities on the Enterprise Campus. Upon the expiration of the lease purchase agreements, including ground lease agreements, the private entity shall surrender unto the authority such premises with the existing buildings, other structures, and improvements constructed and located on the Enterprise Campus, 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 approval of the State Department of Administration or State Fiscal Accountability Authority, as appropriate, required herein for leases and lease purchase agreements, including ground lease agreements, is in lieu of or a substitute for any other approval required by any other provision of law or regulation. 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 authority shall adhere to fire, life, and safety codes as required by the Office of State Engineer. In the leasing of property and the granting of easements and rights-of-way by the authority, the authority is exempt from the provisions of Sections 1-11-55, 1-11-56, and 10-1-130. (B) For all matters associated with the Enterprise Campus, the authority is exempt from the South Carolina Consolidated Procurement Code, however, the authority shall adopt a procurement policy requiring competitive solicitations, and the policy must be filed with and approved by the State Fiscal Accountability Authority. The policy must include provisions for audit and recertification. (C)(1) The authority is exempt from all regulations and general laws including, but not limited to, Sections 1-11-58 and 1-11-65, governing disposal of surplus government property, whether real, personal, or mixed. (2) The exemption provided in item (1) includes an exemption for the sale of real property but only if the sale is for a price not less than a market value determined by an appraisal conforming to the Department of Administration's appraisal standards and the transfer of title is by quit claim deed. After the recording of the deed for the sold real property, the authority shall file with the Department of Administration and the State Fiscal Accountability Authority a copy of the recorded deed and a copy of the appraisal.

Legislative History

HISTORY: 2004 Act No. 200, SECTION 4, eff April 26, 2004; 2018 Act No. 189 (S.648), SECTION 1, eff May 15, 2018; 2018 Act No. 189 (S.648), SECTION 2, eff June 30, 2020; 2021 Act No. 4 (S.160), SECTION 1, eff March 15, 2021. Editor's Note 2018 Act No. 189, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor and its provisions expire June 30, 2020." Effect of Amendment 2018 Act No. 189, SECTION 1, rewrote (C), providing that the exemption of the authority from surplus property laws applies to real, personal, and mixed property in certain circumstances. 2021 Act No. 4, SECTION 1, in (C), inserted the (1) designator, substituted "including, but not limited to, Sections 1-11-58 and 1-11-65, governing disposal of surplus government property, whether real, personal, or mixed" for "governing disposal of surplus government property", and added (2).