H 3695 General Bill, By  House Ways and Means

Similar(S 558, H 3648)
 A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE
 SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE,
 POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS,
 POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY
 TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET
 AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES
 ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS,
 SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260
 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE
 EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE
 PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY
 THIS ACT; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS
 OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED
 PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE
 DEFINITION.

   03/20/97  House  Introduced, read first time, placed on calendar
                     without reference HJ-3
   03/25/97  House  Requests for debate-Rep(s). H. Brown & Woodrum HJ-46
   03/26/97  House  Requests for debate-Rep(s). Harrell, Cato,
                     Sharpe, Mason, R. Smith, McLeod, Seithel,
                     Chellis, Young-Brickell, Scott, Canty, Young, J.
                     Brown, Howard, Townsend & Webb HJ-12
   04/02/97  House  Amended HJ-117
   04/02/97  House  Read second time HJ-122
   04/02/97  House  Roll call Yeas-108  Nays-0 HJ-122
   04/03/97  House  Read third time and sent to Senate HJ-8
   04/08/97  Senate Introduced and read first time SJ-9
   04/08/97  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-9
   05/27/97  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Labor, Commerce and Industry SJ-9

COMMITTEE REPORT

May 27, 1997

H. 3695

S. Printed 12/30/97--S.

Read the first time April 8, 1997.

To whom was referred a Bill (H. 3695), to amend Title 13, Code of Laws of South Carolina, 1976, relating to planning, research, and development, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 13-4-30, as contained in Section 1, page 3, by striking item (6) and inserting:

/(6) to make contracts and guaranties, incur liabilities, borrow money, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income. No indebtedness of any kind incurred or created by the authority constitutes an indebtedness to the State or any political subdivision of the State, and no such indebtedness shall involve or be secured by the faith, credit, or taxing power of the State or any political subdivision of the State. Any liabilities in excess of five million dollars must be approved in advance of incurring the debt by the Joint Bond Review Committee and the State Budget and Control Board./

Amend further, Section 13-4-30, as contained in Section 1, page 4, by striking item (18) and inserting:

/(18) to issue notes and revenue bonds. Before making a note or issuing bonds pursuant to this item, approval must be obtained from the Joint Bond Review Committee and the State Budget and Control Board. The bonds authorized by this item are limited obligations of the authority, payable by the authority solely from a revenue producing source or from a special source which does not include revenues from any tax or license. These bonds do not constitute an indebtedness to the State or the authority within the meaning of any state constitutional provision or statutory limitation, nor do they give rise to a charge against the general credit of the State or taxing powers of the State; and

(19) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the authority./

Amend further, Section 13-4-50, as contained in Section 1, page 4, by striking subsection (A) and inserting:

/(A) The authority is headed by a director appointed by the Secretary of Commerce who shall serve at the pleasure of the secretary. The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the authority subject to the will of the secretary, the laws of this State, and of the United States./

Amend further, Section 1, page 4, by inserting after line 40:

/Section 13-4-55. Officers and employees of the authority shall devote full time to their official duties and their total compensation must be derived solely from state general fund appropriations. Officers and employees of the authority may not receive compensation from any other source for activities promoting economic development in this State./

Amend further, by adding two appropriately numbered Sections to read:

/Section . Section 1-30-25 of the 1976 Code, as added by Act 181 of 1993, is amended by adding at the end:

"(F) South Carolina Economic Development Authority provided for in Chapter 4 of Title 13."

Section . Section 13-1-10(A) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

/(A) The Department of Commerce is established as an administrative agency of state government which is comprised of a division of State Development, a division of Savannah Valley Development, a division of Aeronautics, a division of Public Railways, and an Advisory Coordinating Council for Economic Development and the South Carolina Economic Development Authority. Each division of the Department of Commerce shall have such functions and powers as provided for by law./

Renumber sections to conform.

Amend title to conform.

Majority favorable. Minority unfavorable.

J. VERNE SMITH GLENN G. REESE

For Majority. For Minority.

A BILL

TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.

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

SECTION 1. Title 13 of the 1976 Code is amended by adding:

Section 13-4-10. There is created a body corporate and politic to be known as the South Carolina Economic Development Authority. The authority is an instrumentality of the State of South Carolina.

Section 13-4-20. The purposes of the authority include, but are not limited to:

(1) the promotion and encouragement of industrial development, private business and commercial enterprise, international investment development, and the utilization and investment of capital in the State;

(2) assisting the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State; and

(3) assisting in ensuring stability in employment, increased opportunities for employment for all citizens of the State, and devising ways and means to raise the living standards of the people of the State.

Section 13-4-30. The authority has the powers and authority to do all things necessary or convenient to carry out its activities and affairs including, but not limited to, the following:

(1) to sue and be sued, complain, and defend in its corporate name;

(2) to have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it;

(3) to purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property, wherever located;

(4) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;

(5) to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with, interest in or obligations of any entity;

(6) to make contracts and guaranties, incur liabilities, borrow money, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income. No indebtedness of any kind incurred or created by the authority shall constitute an indebtedness to the State or any political subdivision thereof, and no such indebtedness shall involve or be secured by the faith, credit, or taxing power of the State or any political subdivision thereof. Any liabilities in excess of one hundred thousand dollars must be approved in advance of incurring the debt by the Joint Bond Review Committee and the State Budget and Control Board;

(7) to lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment, except as limited by Section 33-31-832;

(8) to be a promoter, partner, member, associate, or manager of any partnership, trust, or other entity;

(9) to conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this State;

(10) to employ, elect, appoint, dismiss, or terminate directors, officers, employees, and agents of the authority, define their duties, and fix their compensation; employees of the authority are not considered state employees pursuant to Title 8, Chapter 11, or for purposes of the State Employee Grievance Procedure Act pursuant to Title 8, Chapter 17, except for eligibility for participation in the State Retirement System and the State Health Insurance Group plans. Employees of the authority shall receive the usual mileage, per diem, and subsistence provided by law and regulations as applied to state employees of the executive branch of government;

(11) to pay pensions and establish pension plans, including contributing to the South Carolina Retirement System, pension trusts, and other benefit and incentive plans for any or all of its current directors, officers, and employees. Contributions to the South Carolina Retirement System may be paid only on earnable compensation derived from state or other governmental appropriated funds;

(12) reserved;

(13) to accept gifts, devises, and bequests subject to any conditions or limitations contained in the gift, devise, or bequest so long as the conditions or limitations are not contrary to this chapter or the purposes for which the corporation is organized;

(14) solicit, receive, and expend privately donated funds from any source or entity to carry out the purposes of the authority; any private funds received do not become public funds; such private funds must be held in separate accounts controlled by the authority; the receipt and expenditure of such private funds shall be reported in an annual fiscal audit of the authority;

(15) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the authority;

(16) conduct an annual fiscal audit by a certified public accountant selected by the authority, who shall review the accounts of the authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;

(17) prepare and submit an annual budget to the Governor for approval by the General Assembly. The annual budget must identify line items including, but not limited to, personal services, operating expenses, and FTE's by program area. The annual budget must be affirmatively approved by the General Assembly in the annual general appropriations act; and

(18) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the authority.

Section 13-4-40. The authority is authorized to establish profit or not-for-profit corporations as the authority considers necessary to carry out the purposes of this chapter.

Section 13-4-50. (A) The authority is headed by a director appointed by the Governor. The director is subject to removal by the Governor as provided in Section 1-3-240(B). At the pleasure of the Governor, the Secretary of Commerce may also serve as the director of the South Carolina Economic Development Authority and, if so, the Secretary of Commerce shall serve as director, ex officio. Compensation for the director must be established in the manner provided by law for establishing the salary of the Secretary of Commerce. The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the authority subject only to the laws of this State and the United States.

(B) The director of the authority may appoint an assistant director who shall serve at the pleasure of the director and who is responsible to the director for the operation of programs outlined by the director.

Section 13-4-60. The authority shall retain unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and may expend the funds in subsequent fiscal years.

Section 13-4-70. If a term or provision of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect, and the illegal or unenforceable term or provision is deleted and severed from this chapter."

SECTION 2. Section 1-11-720(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:

"( ) the South Carolina Economic Development Authority established pursuant to Chapter 4 of Title 13."

SECTION 3. Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding an appropriately lettered item at the end to read:

"( ) officers and employees of the South Carolina Economic Development Authority."

SECTION 4. Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding an appropriately numbered item at the end to read:

"( ) officers and employees of the South Carolina Economic Development Authority."

SECTION 5. Section 11-35-310(18) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:

"(18) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branches of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing and Information Technology Resources, the South Carolina Economic Development Authority, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts."

SECTION 6. Those functions, powers, and duties of the South Carolina Department of Commerce that the South Carolina Economic Development Authority, as established by this act, considers necessary to enhance the economic development and growth of this State, and as approved by the State Budget and Control Board, are transferred to the authority together with all records, property, personnel, and unexpended appropriations for the functions that have been transferred to the authority with the approval of the Budget and Control Board. Provided, that the department has until December 31, 1998, to make the transfer authorized pursuant to this measure; and provided, further, that any subsequent transfer must be approved by joint resolution of the General Assembly."

SECTION 7. This act takes effect upon approval by the Governor.