South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

H. 4375

STATUS INFORMATION

General Bill
Sponsors: Rep. Clemmons
Document Path: l:\council\bills\ggs\22004ab08.doc

Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary

Summary: Public Facilities Fair Use Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2007  House   Prefiled
  12/12/2007  House   Referred to Committee on Judiciary
    1/8/2008  House   Introduced and read first time HJ-51
    1/8/2008  House   Referred to Committee on Judiciary HJ-51

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/12/2007

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 10 SO AS TO CREATE THE "PUBLIC FACILITIES FAIR USE ACT".

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

SECTION    1.    Title 10 of the 1976 Code is amended by adding:

"CHAPTER 13

Public Facilities Fair Use Act

Section 10-13-10.    For purposes of this chapter 'public facility' means a parking lot, common area, meeting room, or auditorium of a building constructed, purchased, or leased with state funds for use by a county or local political subdivision of the State or a public school district.

Section 10-13-20.    (A)    A county subdivision or political subdivision of the State, or a public school district, shall make its public facilities available to other public subdivisions of the State or public school districts that regularly operate in the county in which the public facility is located. The political subdivision or public school district that owns or leases the public facility is considered the 'principal political subdivision' and the political subdivision or public school district that uses a public facility owned by a principal political subdivision or public school district is considered the 'secondary political subdivision'.

(B)    A secondary political subdivision only may use a public facility of a primary political subdivision:

(1)    to carry out the purposes of the secondary political subdivision;

(2)    when the public facility is not in use by the primary political subdivision; and

(3)    with at least ten working days notice given to the primary political subdivision.

(C)    A primary political subdivision may charge a usage fee to a secondary political subdivision for the use of the primary political subdivision's public facility. A usage fee may only be an amount reasonably sufficient to cover basic utility, maintenance, and cleaning expenses incurred by the primary political subdivision and associated with the secondary political subdivision's use of the public facility.

Section    10-13-30.        Subject to the provisions of the South Carolina Tort Claims Act, a secondary political subdivision is exclusively liable for loss resulting from its own torts that take place within the portion of a principal political subdivision's public facility while the public facility is being used by the secondary political subdivision."

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

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