H*2680 Session 107 (1987-1988)
H*2680(Rat #0755, Act #0685 of 1988) General Bill, By D.E. McTeer
A Bill to amend Section 13-9-10, Code of Laws of South Carolina, 1976,
relating to the Clark's Hill-Russell Authority, so as to change the name to
the Savannah Valley Authority; to amend Section 13-9-30 relating to the powers
and duties of the Board and the Authority, so as to further provide for these
powers and duties; and to amend the 1976 Code by adding Section 13-9-35 so as
to provide for the manner in which the powers and duties of the Authority may
be exercised.-amended title
03/18/87 House Introduced and read first time HJ-1124
03/18/87 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1124
02/17/88 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1220
02/24/88 House Amended HJ-1436
02/24/88 House Read second time HJ-1436
02/24/88 House Unanimous consent for third reading on next
legislative day HJ-1436
02/25/88 House Read third time and sent to Senate HJ-1513
03/01/88 Senate Introduced and read first time SJ-16
03/01/88 Senate Referred to Committee on Judiciary SJ-16
04/20/88 Senate Committee report: Favorable with amendment
Judiciary SJ-38
05/10/88 Senate Read second time SJ-26
05/10/88 Senate Ordered to third reading with notice of
amendments SJ-26
05/11/88 Senate Amended SJ-22
05/11/88 Senate Read third time SJ-22
05/11/88 Senate Returned SJ-22
05/26/88 House Concurred in Senate amendment and enrolled HJ-4144
06/02/88 Ratified R 755
06/08/88 Vetoed by Governor
06/20/88 House Veto overridden by originating body Yeas-70
Nays-0 HJ-4833
06/20/88 Senate Veto overridden Yeas-045 Nays-001 SJ-74
06/20/88 Effective date 06/20/88
06/20/88 Act No. 685
08/01/88 Copies available
(A685, R755, H2680)
AN ACT TO AMEND SECTION 13-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE CLARK'S HILL-RUSSELL AUTHORITY, SO AS TO CHANGE THE NAME TO THE SAVANNAH
VALLEY AUTHORITY; TO AMEND SECTION 13-9-30, RELATING TO THE POWERS AND DUTIES OF
THE BOARD AND THE AUTHORITY, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND
DUTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-9-35 SO AS TO PROVIDE FOR
THE MANNER IN WHICH THE POWERS AND DUTIES OF THE AUTHORITY MAY BE EXERCISED.
Be it enacted by the General Assembly of the State of South Carolina:
Name changed
SECTION 1. Section 13-9-10 of the 1976 Code is amended to read:
"Section 13-9-10. There is created the Savannah Valley Authority of South
Carolina, referred to in this chapter as the 'authority'. The governing body of
the authority consists of an eight-member board appointed by the Governor for
terms of four years and until successors are appointed and qualify.
At least two of the appointed members must be residents of McCormick County
recommended by the legislative delegation of that county.
At least two of the appointed members must be residents of Abbeville County
recommended by the legislative delegation of that county.
At least one of the appointed members must be a resident of Anderson County
recommended by the legislative delegation of that county.
Vacancies on the board for any reason must be filled for the unexpired term in
the manner of original appointment. Members may be removed by the Governor for
cause or at will."
Rights and powers of board
SECTION 2. Section 13-9-30 of the 1976 Code is amended to read:
"Section 13-9-30. The board of the authority shall have all the rights
and powers of a public body politic and corporate of this State, including
without limitation, all the rights and powers necessary or convenient to manage
the business and affairs of the authority and to take action as it may consider
advisable, necessary, or convenient in carrying out its powers, including, but
not limited to, the following rights and powers to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a seal;
(d) make and amend bylaws for regulation of its affairs consistent with the
provisions of this chapter;
(e) acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell,
transfer, and dispose of any property, real, personal, or mixed, or any interest
in any property, or revenues of the authority as security for notes, bonds,
evidences of indebtedness, or other obligations of the authority. The authority
has no power to pledge the credit and the taxing power of the State or any of its
political subdivisions;
(f) receive contributions, donations, and payments and to invest and
disperse the authority's funds;
(g) make inquiry into the status of, and plans for, the development of the
Clark's Hill-Russell project and the Richard B. Russell project by the United
States Government, by the State of Georgia, or by any other agency or
instrumentality;
(h) encourage, assist, promote, and cooperate
in the development of the Savannah River and the streams, canals, or watercourses
now or at a later time connected to or flowing into the river and to appear on
behalf of the State before any agency, department, or commission of this State,
of the United States, or of any other state in furtherance of the development or
of any matter connected with the development or related to the development;
(i) negotiate agreements, accords, or compacts on behalf of and in the name
of the State with the State of Georgia or the United States, or both, with any
agency, department, or commission of either or both, or with any other state or
any agency, department, or commission of the other state, relating to the
development of the Savannah River and the development of the streams, canals, or
watercourses now or at a later time connected to or flowing into the river, and
particularly in reference to joint or concurrent action in the furtherance of
agreements, accords, or contracts. Interstate compacts made by the authority are
subject to approval by concurrent resolution of the General Assembly;
(j) act as the designated agency of the State to receive, purchase, hold
title to, and to manage any real property in the Clark's Hill Reservoir project
area, in the Richard B. Russell Reservoir project area, and of the Savannah River
basin, including its tributaries, streams, canals, and watercourses now or at a
later time connected to or flowing into the river, in the State acquired by
release of surplus real property, by purchase, by lease, or by exchange and to
develop and promote the development of the land for recreational, transportation,
residential, commercial, and industrial purposes, both public and private, and
to lease, sublease, or convey title in fee simple to the real property subject
to approval by the State Budget and Control Board. The authority may retain,
carry forward, and expend any proceeds derived from the sale, lease, rental, or
other use of real and personal property under the authority's exclusive
jurisdiction. The proceeds may only be used in the development and the promotion
of the authority as provided by this chapter and for the purposes authorized by
this chapter;
(k) promulgate regulations affecting the use, management, and control of
real property acquired pursuant to item (j) of this section;
(l) borrow money, make and issue notes, bonds, and other evidences of
indebtedness, including refunding and advanced refunding notes and bonds, of the
authority; to secure the payment of the obligations or any part by mortgage,
lien, pledge, or deed of trust on any of its property, contracts, franchises, or
revenues, including the proceeds of any refunding and advanced refunding notes,
bonds, and other evidences of indebtedness and the investments in which proceeds
are invested and the earnings on and income from the investments; to invest its
monies, including without limitation its revenues and proceeds of the notes,
bonds, or other evidences of indebtedness, in obligations of, or obligations the
principal of and interest on which are guaranteed by or are fully secured by
contracts with, the United States, in obligations of any agency, instrumentality,
or corporation which has been or may at a later time be created by or pursuant
to an act of the United States Congress as an agency, instrumentality, or
corporation, in direct and general obligations of this State, and in certificates
of deposit issued by any bank, trust company, or national banking association;
to make agreements with the purchasers or holders of the notes, bonds, or other
evidences of indebtedness or with others in connection with any notes, bonds, or
other evidences of indebtedness, whether issued or to be issued, as the authority
considers advisable; and to provide for the security for the notes, bonds, or
other evidences of indebtedness and
the rights of the holders of the notes, bonds, or other evidences of
indebtedness. In the exercise of the powers granted in this section to issue
advanced refunding notes, bonds, or other evidences of indebtedness the authority
may, but is not required to, avail itself of or comply with any of the provisions
of Chapter 21 of Title 11. The authority, when investing in certificates of
deposit, shall invest in certificates of deposit issued by institutions
authorized to do business in this State if the institutions offer terms which,
in the opinion of the authority, are equal to or better than those offered by
other institutions;
(m) loan the proceeds of notes, bonds, or other evidences of indebtedness
to a person, corporation, or partnership to construct, acquire, improve, or
expand the projects described in Section 13-9-40;
(n) make contracts, including service contracts with a person, corporation,
or partnership, to provide the services provided in Section 13-9-40, and to
execute all instruments necessary or convenient for the carrying out of
business."
Exercise of powers
SECTION 3. Chapter 9, Title 13 of the 1976 Code is amended by adding:
"Section 13-9-35. Upon consent of a majority of the members of the House
of Representatives representing the county and a majority of the Senators
representing the county, the authority may exercise any of the powers and duties
conveyed under the provisions of Section 13-9-30 in the entire area of any county
or portion of any county which borders the Savannah River or is within the
Savannah River Basin; provided, that this consent once given shall continue and
may be removed only upon consent of a majority
of the members of the House of Representatives representing the county, upon
consent of a majority of the Senators representing the county, and upon consent
of a majority of the Savannah Valley Authority."
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |