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A313, R374, H4901

STATUS INFORMATION

General Bill
Sponsors: Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd
Document Path: l:\council\bills\nbd\12271ac04.doc
Companion/Similar bill(s): 1025

Introduced in the House on March 4, 2004
Introduced in the Senate on April 29, 2004
Last Amended on April 28, 2004
Passed by the General Assembly on May 25, 2004
Governor's Action: September 21, 2004, Signed

Summary: Port Royal

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/4/2004  House   Introduced and read first time HJ-72
    3/4/2004  House   Referred to Committee on Ways and Means HJ-72
   4/22/2004  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-5
   4/26/2004          Scrivener's error corrected
   4/28/2004  House   Amended HJ-21
   4/28/2004  House   Read second time HJ-23
   4/29/2004  House   Read third time and sent to Senate HJ-16
   4/29/2004  Senate  Introduced, read first time, placed on calendar without 
                        reference SJ-10
   4/30/2004          Scrivener's error corrected
   5/12/2004  Senate  Read second time SJ-27
   5/12/2004  Senate  Ordered to third reading with notice of amendments SJ-27
   5/25/2004  Senate  Read third time and enrolled SJ-30
    6/2/2004          Ratified R 374
   9/21/2004          Signed By Governor
   9/22/2004          Copies available
   9/22/2004          Effective date 09/21/04
   9/22/2004          Act No. 313

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/4/2004
4/22/2004
4/26/2004
4/28/2004
4/29/2004
4/30/2004

(A313, R374, H4901)

AN ACT TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700 SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, TO PROVIDE THAT MARINE OPERATIONS SHALL CEASE AS SOON AS PRACTICABLE, TO PROVIDE FOR THE SALE OF PROPERTY AT PORT ROYAL AT FAIR MARKET VALUE, TO REQUIRE SUCH REAL PROPERTY TO BE APPRAISED AND TO SPECIFY CREDENTIALS OF THE APPRAISER AND THE SCOPE OF THE APPRAISAL, TO REQUIRE THE SALE TO COMPLY WITH STATE PROCEDURES, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY, INCLUDING ALLOCATING TO THE TOWN OF PORT ROYAL UP TO FIVE PERCENT OF THE NET PROCEEDS FOR INFRASTRUCTURE NEEDS.

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

Marine terminal and marine operations shall cease; procedures for sale of property and disposition of proceeds

SECTION    1.    Chapter 3, Title 54 of the 1976 Code is amended by adding:

"Section 54-3-700.    (A)    Upon the effective date of this section:

(1)    the State Ports Authority has no statutory responsibility to operate a marine terminal at Port Royal; and

(2)    marine operations at Port Royal shall cease as soon as practicable.

(B)    The State Ports Authority is hereby directed to sell all its real and personal property at Port Royal upon the effective date of this section, but in a manner that is financially responsible and advantageous to the State Ports Authority.

(C)    The State Ports Authority shall, in its discretion, determine the manner of the sale, but in no event shall terms of the sale extend beyond December 31, 2006, except for parcels which may be under long-term contract, in which case the South Carolina Ports Authority is directed to terminate such leases as soon as possible through 'lease purchases,' 'buy outs,' or any other lawful means.

(D)    Any real or personal property at Port Royal which is to be sold must be 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 terminal facilities. The appraisal of the real property should include its future development opportunities and those of the surrounding properties. The sale of the real property shall comply with all state procedures, must be approved by the Budget and Control Board, must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority; provided, however, that the Town of Port Royal shall have the right to petition the Budget and Control Board for a portion of the net proceeds from any sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the Budget and Control Board, solely for the infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to any sales contracts."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2004.

Approved the 21st day of September, 2004.

This web page was last updated on Monday, December 7, 2009 at 10:40 A.M.