H*3220 Session 104 (1981-1982)
H*3220(Rat #0408, Act #0341 of 1982) General Bill, By R. Schwartz and
T.M. Burriss
Similar(S 644)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 17
to Chapter 13 of Title 51 so as to provide for the Heritage World Expo
Authority.
11/02/81 House Prefiled
11/02/81 House Referred to Committee on Ways and Means
01/12/82 House Introduced and read first time HJ-92
01/12/82 House Referred to Committee on Ways and Means HJ-92
01/28/82 House Recalled from Committee on Ways and Means HJ-452
02/03/82 House Debate adjourned HJ-701
02/04/82 House Read second time HJ-741
02/05/82 House Read third time and sent to Senate HJ-770
02/09/82 Senate Introduced and read first time SJ-12
02/09/82 Senate Referred to Committee on Education SJ-12
03/31/82 Senate Committee report: Favorable Education SJ-17
04/01/82 Senate Read second time SJ-12
04/02/82 Senate Read third time and enrolled SJ-2
04/06/82 Senate Recalled from Legislative Council SJ-4
04/06/82 Senate Reconsidered SJ-4
04/06/82 Senate Amended SJ-4
04/06/82 Senate Read third time SJ-4
04/06/82 Senate Returned SJ-4
04/08/82 House Concurred in Senate amendment and enrolled HJ-2064
04/14/82 House Ratified R 408 HJ-2157
04/14/82 Signed By Governor
04/14/82 Effective date 04/14/82
04/14/82 Act No. 341
04/21/82 Copies available
(A341, R408, H3220)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
ARTICLE
17
TO CHAPTER 13 OF TITLE 61 SO AS TO PROVIDE FOR THE HERITAGE WORLD EXPO
AUTHORITY.
Whereas, South Carolina is the cradle of human heritage, having welcomed the
heritages from around the world
belonging to diverse races, religions, colors, creeds and national origins in
the past three hundred fifty years; and
Whereas, South Carolina is a historic state and is one of the original
thirteen colonies which helped chart the
course of the history of this Nation and embraced more revolutionary battles
on its fertile soil than any other state
in the union; and
Whereas, South Carolina claims one of the oldest historic cities,
Charleston, which is comparable to Boston and
Philadelphia with its heritage, culture and traditions, has been a pioneer in
agriculture with such products as
cotton, rice, indigo, tobacco, peanuts, peaches and other crops and has
produced some of the most dynamic
leaders in practically every field of human endeavor throughout its history;
and
Whereas, South Carolina, in keeping with the times and its traditions, has
beautifully blended and happily
harmonized the old and the new; and
Whereas, now by organizing a Heritage World Expo South Carolina shall reap
great benefits in economic
growth, job opportunities, business opportunities, education, art, culture,
human growth and progress; and
Whereas, Heritage World Expo will be designed to have a tremendously
beneficial educational and economic
impact on tourism, industrial growth and tax revenues for the State, its
counties and cities, contributing greatly
to the state's well-being and progress. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Heritage World Expo Authority
Section 1. Chapter 13 of Title 51 of the 1976 Code is amended by adding:
"Article 17
Heritage World Expo Authority
Section 51-13-1310. There is created the Heritage World Expo Authority
(authority), a body politic and
corporate under the laws of this State, consisting of and governed by a board
of nine members (board). The
authority shall be constituted for an initial term of five years. At the end
of five years the General Assembly may
transfer its powers, responsibilities, liabilities and assets to other state
agencies but no obligation or contract shall
be impaired by such transfer and the full faith and credit of the State shall
,be given to assure the performance
of transferred obligations.
Section 51-13-1320. Members of the board shall be appointed by the Governor
with the advice and consent of
the Senate, one member from each congressional district and three from the
State at large. The Governor shall
appoint one of the at-large members as chairman. Terms of office shall be five
years and until successors are
appointed and qualify. Vacancies shall be filled by appointment for the
remainder of the unexpired term.
Section 51-13-1330. The board shall meet upon call of the chairman or a
majority of its members, which shall
constitute a quorum for transaction of business. The members shall receive per
diem and mileage as provided by
law for members of state boards, committees and commissions for each day of
official duties.
Section 51-13-1340. The authority may employ a president, secretary and an
attorney and other employees or
consultants as deemed necessary for its duties and shall fix their
compensation.
Section 51-13-1350. The authority is created as an instrumentality of the
State to organize and develop the
Heritage World Expo:
(1) To provide a place of education and recreation to foster pride and
patriotism.
(2) To establish and develop a library with artifacts, books, manuscripts,
art and historical material.
(3) To foster and stimulate national and international travel to it by
acquiring, constructing, equipping and
maintaining buildings, public exhibits, entertainment facilities, historical
monuments and sites and providing
lodging and accommodations.
(4) To cooperate with the State and Nation in its maintenance, development,
improvement and use.
(5) To accept funds, assets and services from Richland County and its
municipalities and the State and use them
as stipulated in any manner for the purposes of the authority.
(6) To act as agent for the United States or any of its agencies,
departments, corporations or instrumentalities.
(7) To foster and stimulate the promotion of economic growth, tourism, the
tourist industry and international
trade.
(8) To create new jobs, business opportunities and additional resources for
education, art and culture.
(9) To foster knowledge and appreciation of human heritage by making South
Carolina a world center of such
heritage and providing true southern hospitality to visitors from all parts of
the world.
(10) To promote peace and human brotherhood by reemphasizing that we are all
our brothers' keepers.
(11) To create new tax revenues for prosperity and progress.
(12) To do and perform any function not prohibited by law for its
development and improvement.
Section 51-13-1360. The authority:
(1) Shall have the powers of a body corporate, including the power to sue
and be sued, to make contracts and
adopt and use a common seal and alter it as deemed expedient.
(2) May rent, lease, buy, own, acquire, mortgage and dispose of property,
real or personal, as deemed proper
to carry out the provisions of this article.
(3) May acquire, construct, maintain, equip and operate all needed
facilities for use in Heritage World Expo
development, including the construction of roads, highways, bridges and
transportation facilities for educational,
recreational and tourist missions.
(4) Shall establish an office for the transaction of business in Richland
County and such other offices as may
be deemed desirable.
(5) May create and operate such agencies and departments as deemed
desirable.
(6) May pay all costs and expenses incurred in its formation, organization,
administration and operation.
(7) May apply for and accept loans and grants of money from any federal
agency, private or other source and
expend such monies in accordance with the requirements of such federal agency
or other source and give
evidences of indebtedness as shall be required by such federal agency or other
source, except that no indebtedness
of any kind incurred shall constitute an indebtedness of the State or any of
its political subdivisions and no
indebtedness shall involve or be secured by the faith, credit or taxing power
of the State or any of its political
subdivisions.
(8) May adopt, alter or repeal bylaws, rules and regulations governing the
business transacted and powers
exercised, including but not limited to the appointment and functions of
committees, the use of its property or
facilities, the adoption of safety standards and insurance coverage or proof
of financial responsibility, the
licensing of or entering into concession and use contracts with persons doing
business on such property or
facilities and setting fees and providing that licenses or concession and use
contracts may be revoked after notice
and hearing by it for wilful breach of or failure to comply with regulations.
(9) May do all other things not prohibited ,by law.
Section 51-13-1370. To acquire rights-of-way and property necessary for the
construction of structures and
approaches, transportation facilities, highways, bridges and other purposes
for the development project, the
authority may purchase them by negotiation or may condemn them under the
procedure provided by law for the
exercise of eminent domain by any county, municipality or authority organized
under the laws of this State, the
Department of Highways and Public Transportation or railroad corporations as
the authority may elect. The
power of eminent domain shall apply not only to all property of private
persons or corporations but property
already devoted to public use within the jurisdiction of the authority.
Section 51-13-1380. The authority may exchange any of its property for other
property, may purchase property
and remove buildings or other structures from its lands needed for
reconstruction on other locations upon the
payment of just compensation if, in its judgment, it is desirable and within
the powers granted to it.
Section 51-13-1390. The board may assign, transfer, lease, convey, grant or
donate to the United States or the
appropriate agency or department any or all of the property of the authority
for any of the general purposes of
this article upon such terms as the board may deem advisable. In the event the
United States should decide to
undertake the acquisition, construction, equipping, maintenance or operation
of the property or other facilities
thereon, including roads, highways, causeways or bridges and should decide to
acquire the lands or facilities by
condemnation or otherwise, the board may transfer to the United States or its
appropriate agency or department
such of the monies belonging to the authority required by the United States to
pay the amount of judgments or
condemnation, including costs, rendered against it or its appropriate agency
to acquire lands and facilities required
for the construction and use of the Heritage World Expo.
Section 51-13-1400. As a means of raising funds needed in the acquisition,
construction, equipping,
maintenance and operation of any facility, building, structure or anything
which the authority may acquire,
construct, equip, maintain or operate, it may issue bonds, payable both as to
principal and interest from the
revenues to be derived from admissions to and charges for operation of its
properties and facilities. The powers
and authority granted to counties, cities, school districts and other
political subdivisions of the State to issue
revenue bonds are extended to the authority. All revenue bonds issued by the
authority shall be in accordance with
the provisions of Sections 6-21-10 and 6-21-570 and all conditions,
restrictions and limitations imposed shall
be observed by the authority in the issuance of the bonds, except a pledge of
the net revenues derived from the
operation of its properties and facilities, rather than its gross revenues,
may be made.
Section 51-13-1410. All funds of the authority shall be deposited in banks
to be designated by the State
Treasurer. Funds of the authority shall be paid out only upon warrants signed
by its president and countersigned
by the chairman or acting chairman. No warrants shall be drawn or issued
disbursing any of its funds except as
authorized by this article and only when the account or expenditure has been
audited and approved by it. The
authority may accept contributions of money or property from all persons for
the construction, equipping and
operation of its facilities and improvements in the areas within its
jurisdiction and may receive state, federal or
other grants or appropriations as may be made to it.
Section 51-13-1420. At least once in each year the authority shall submit to
the Governor and General Assembly
a complete detailed statement of all monies received and disbursed by it
during the preceding year. Such statement
shall also show sources from which such funds were received and the balance on
hand at the time of publishing
and shall show the complete financial condition of the authority.
Section 51-13-1430. The property of the authority shall not be subject to
any taxes or assessments.
Section 51-13-1440. If any person using or going upon the property or
facilities of Heritage World Expo shall
be guilty of a violation of the regulations of the authority, such person
shall, upon conviction for each offense,
be fined not less than twenty-five nor more than two hundred dollars."
Time effective
Section 2. This act shall take effect upon the approval by the Governor. |