S 571 Session 109 (1991-1992)
S 0571 General Bill, By Drummond
A Bill to amend Section 12-27-1270, as amended, Code of Laws of South
Carolina, 1976, relating to the Economic Development Account, so as to provide
for the Account to be replenished based on funds obligated or committed by the
Coordinating Council for Economic Development in the previous year, delete the
limitation on the amount of the Account, and delete obsolete language; to
amend Section 13-3-20, relating to the objectives of the State Development
Board, so as to delete the reference to a statewide planning program; to amend
Section 13-3-90, relating to the duties and powers of the State Development
Board, so as to delete the provision for a master plan for agencies to
consider certain state needs and delete the reference to a state planning
program; to amend Section 41-45-20, relating to meetings and duties of the
Council, so as to provide for and define a strategic plan for economic
development and revise duties pertaining to the plan and coordination of
activities; to amend Section 41-45-30, relating to reports by the Council, so
as to include reports to the Chairmen of the Senate Finance and House Ways and
Means Committees and require reports on the Account; to amend Section
41-45-40, relating to Council recommendations, so as to include the objectives
of the strategic plan, delete the provision for referrals by the General
Assembly and state agencies, and revise the recommendations concerning agency
requests for economic development appropriations; to amend Section 41-45-50,
relating to Council funds, committees, and data, so as to revise the duties of
the committees; and to reauthorize the existence of the Coordinating Council
for Economic Development for six years.
01/31/91 Senate Introduced and read first time SJ-8
01/31/91 Senate Referred to Committee on Finance SJ-8
03/20/91 Senate Committee report: Favorable Finance SJ-10
04/25/91 Senate Read second time SJ-45
04/25/91 Senate Ordered to third reading with notice of
amendments SJ-45
05/07/91 Senate Recommitted to Committee on Finance SJ-30
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 20, 1991
S. 571
Introduced by SENATOR Drummond
S. Printed 3/20/91--S.
Read the first time January 31, 1991.
THE COMMITTEE ON FINANCE
To whom was referred a Bill (S. 571) to amend Section 12-27-1270,
as amended, Code of Laws of South Carolina, 1976, relating to the
Economic Development Account, so as to provide for the account to be
replenished, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES M. WADDELL, JR., for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
S. 571 proposes to amend the S.C. Code of Laws (1976) so as to
amend Section 12-27-1270 to provide for replenishment of the
Economic Development Account; amend Section 13-3-20 to delete
reference to a statewide planning program; amend Section 13-3-90 to
delete provision for a master plan and reference to a State Planning
Program; amend 41-45-20 to provide for and define a strategic plan for
economic development; to amend 41-45-30 to include reports to the
chairman of Senate Finance and House Ways and Means Committees;
to amend Section 41-45-40 to include objective of the strategic plan,
delete provision for referrals by the General Assembly and state
agencies; amend Section 41-45-50 to revise the duties of the
Committees; to reauthorize the existence of the Council for six years.
Enactment of S. 571 would have no effect on the State's General
Fund.
Funds used by the Coordinating Council for economic development
come from the Strategic Highway Plan for Improving Mobility and
Safety (SHIMS). SHIMS is funded by a three (3) cents per gallon tax on
the sale of gasoline. The first $10 million generated each year from the
tax goes to the Economic Development Account.
Section 1. of S. 571 amends Section 12-27-1270; to change the basis
for replenishing the Economic Development account. This change
would limit the amount of funds used to replenish the account to the
total funds obligated or committed by the council in the previous year
from funds available in the economic development account.
The result of this amendment would result in a portion of these funds
remaining with the SHIMS project unless $10 million is annually
committed or obligated by the Coordinating Council. It is conceivable
that additional revenues could occasionally accrue to the SHIMS project
based on the total funds obligated or committed by the Coordinating
Council.
Prepared By: Approved By:
Kenneth Brown George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE
FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS
OBLIGATED OR COMMITTED BY THE COORDINATING
COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS
YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE
ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND
SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE
STATE DEVELOPMENT BOARD, SO AS TO DELETE THE
REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO
AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND
POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO
DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES
TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE
REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND
SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF
THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A
STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND
REVISE DUTIES PERTAINING TO THE PLAN AND
COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30,
RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE
REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND
HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE
REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40,
RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO
INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE
THE PROVISION FOR REFERRALS BY THE GENERAL
ASSEMBLY AND STATE AGENCIES, AND REVISE THE
RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR
ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND
SECTION 41-45-50, RELATING TO COUNCIL FUNDS,
COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF
THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE
OF THE COORDINATING COUNCIL FOR ECONOMIC
DEVELOPMENT FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-27-1270 of the 1976 Code, as last amended
by Section 5, Part II, Act 658 of 1988, is further amended to read:
"Section 12-27-1270. The first ten million dollars generated
from the tax as levied in Sections 12-27-1210, 12-27-1220,
12-27-1230, and 12-27-1240 must be segregated in a separate account
for economic development. This account is to may be
expended only upon the authorization of the South Carolina
Coordinating Council for Economic Development which shall establish
project priorities. All funds Funds devoted to the
economic development account are to must remain in
the fund account if not expended in the previous fiscal
year. Annually, funds from the tax as levied in Section
12-27-1210 must be deposited to replenish the Economic
Development account based on funds obligated or committed by
the council in the previous year. The total in the account at no
time may exceed fifteen million dollars. The council may spend no
more than two hundred fifty thousand dollars, in the first year only, for
a long-term economic development plan which must be submitted to the
General Assembly on completion of the plan.
From the amount set aside in this section, the South Carolina
Coordinating The council for Economic Development
is authorized to may spend an amount not to exceed five
hundred thousand dollars in Fiscal Year 1988-89 and thereafter an
amount not to exceed more than sixty thousand
dollars annually for a state infrastructure model."
SECTION 2. Section 13-3-20 of the 1976 Code is amended to read:
"Section 13-3-20. The purpose of this chapter is to
establish a A state agency which will is
established to conduct an adequate State-wide planning program
and a statewide program for the stimulation of economic activity to
develop the potentialities of the State. To this end, the objectives of this
agency shall be are to:
(1) To conserve, restore, and develop the natural and
physical, the human and social, and the economic and
productive resources of the State;
(2) To promote coordination of the functions and activities
of the various state agencies of the State and
to act as the official state liaison office between the state
and, federal, and local planning,
research, and development agencies;
(3) To promote a system of transportation for the
State, through development and expansion of the highway,
railroad, port, waterway, and airport systems;
(4) To promote and correlate state and local activity in
planning public works projects;
(5) To promote public interest in the development of the State
through cooperation with public agencies, private enterprises,
and charitable and social institutions;
(6) To promote and encourage industrial development,
private business and commercial enterprise, agricultural production,
transportation, and the utilization and investment of capital
within the State;
(7) To assist 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;
(8) To assist in ensuring stability in employment, to
increase the opportunities for employment of the citizens of the
State, and to devise ways and means to raise the living
standards of the people of the State; and
(9) To advance the general welfare of the people."
SECTION 3. Section 13-3-90 of the 1976 Code is amended to read:
"Section 13-3-90. The board is vested with duties,
powers, and responsibilities involved in accomplishing its
objectives as outlined in this chapter, within the
appropriations provided by the General Assembly. The board shall
have the authority may:
(1) To advise with and make recommendations to
the Governor and the General Assembly on all matters
concerning its objectives;
(2) To cooperate with the operating agencies of the State
in the development of plans with which each agency is concerned to
insure the correlation of such plans into a master plan designed to
consider the natural, physical, social and economic needs of the
State;
(3) To have access to the records and studies of each state
agency pertaining to the objectives of the board;
(4) To conduct studies on its own initiative pertaining to
any of its objectives and others at the request of the Governor,
the General Assembly, or state or local agencies;
(5) To make special studies on area problems or specific
subjects, to establish local agencies, and furnish staff or
such financial aid as may be deemed advisable;
(6) To stimulate and encourage all local,
state, and federal governmental agencies with similar and
related objectives and purposes and to cooperate with local,
regional, and federal planning and development programs;
(7) To publish and distribute its findings, through written
reports, brochures, magazine and newspaper articles, and
in other appropriate forms, and to use the radio,
periodicals, and other recognized forms of advertising, personal
interviews, exhibits, and displays in order that governmental
agencies, corporations, and individual citizens may become
acquainted with the planning and development program of the
State;
(8) To advertise the advantages of the State for industrial,
agricultural, and commercial development by means of
paid publicity of all types;
(9) To provide information to and make contact with
private business enterprises and local, state, and federal
governmental agencies by any form of communication for the
purpose of acquainting such individuals and organizations to
acquaint them with industrial, agricultural, and commercial
opportunities in the State and for the purpose of encouraging
to encourage the establishment of new or the expansion of
existing industries and enterprises;
(10) To provide advice upon request by local,
state, and federal agencies, and by private
citizens, and business and commercial enterprises upon matters
of economic development, industrial and business expansion,
and agricultural activity upon which its knowledge, sources of
information, and the findings and decisions of the board qualify
it to speak; and
(11) To accept gifts, grants, funds, and property
for the purpose of accomplishing to accomplish its
objectives and to, administer and disburse gifts, grants,
and funds, and dispose of property to counties,
municipalities, and local agencies performing a public service
or function which may in turn disburse such the
gifts, grants, and funds or make such the
property available to eligible participants in a program established to
perform and implement such the public service or
function, subject to the approval of the Budget and Control
Board."
SECTION 4. Section 41-45-20 of the 1976 Code is amended to read:
"Section 41-45-20. (A) The council shall meet at
least quarterly and is charged with the duty of
enhancing. It shall enhance the economic growth
and development of the State through strategic planning and
coordination of the coordinating activities of various
state and local agencies which shall must include:
(a)(1) the development and
revision of an annual a strategic state plan for
economic development. `Strategic state plan for economic
development' means a planning document that outlines strategies and
activities designed to continue, diversify, or expand the economic base
of South Carolina, based on the natural, physical, social, and economic
needs of the State;
(b)(2) monitoring implementation of a
strategic plan for economic development through an annual review
of economic development activities for the previous year and
modifying the plan as necessary;
(c)(3) the coordination of economic
development activities on the state and local level, based on a
partnership between public agencies and private organizations and
businesses of member agencies of the council and its advisory
committees;
(d)(4) the use of federal funds,
foundation grants, and private funds to enhance economic growth
and development in the State in the development,
implementation, revision, and promotion of a strategic plan for
economic development;
(e)(5) the evaluation of plans and
programs in terms of their compatibility with state objectives and
priorities as outlined in the strategic plan for economic
development.
(B) The council may not engage in the delivery of
services."
SECTION 5. Section 41-45-30 of the 1976 Code is amended to read:
"Section 41-45-30. The council shall make reports to the
Governor, the chairmen of the Senate Finance and House Ways and
Means committees, and the General Assembly at least annually on
the status and progress of economic development goals which have been
set for the State as a part of the ongoing planning process and on the
commitments, expenditures, and balance of the Economic Development
Account, with those appropriate recommendations
as may be appropriate."
SECTION 6. Section 41-45-40 of the 1976 Code is amended to read:
"Section 41-45-40. (A) The council shall make
such recommendations to the Governor, the General Assembly,
and the State Budget and Control Board as to the policies and programs
involved in the state's economic development as it considers
necessary to carry out the objectives of the strategic plan.
The Governor, the General Assembly, the State Budget and
Control Board, or any other state agency may refer to the Council for
investigation, study, and advice on any matter involved in economic
development.
(B) The council shall review any agency requests
for legislative appropriations for the purpose of economic
development, and may make recommendations to the
State Budget and Control Board and the General Assembly
concerning these as may be considered desirable, and may make
further recommendations from time to time to the State Budget and
Control Board as the Council may consider in the interest of improving
economic development in the State requests compatible with the
objectives of the strategic plan. Nothing herein in this
section limits any an agency's direct access to the
General Assembly, and comment by this the
council is not a part of the budget process."
SECTION 7. Section 41-45-50 of the 1976 Code is amended to read:
"Section 41-45-50. Any funds Funds for
technical, administrative, and clerical assistance, and other
expenses of the council must be provided by the member agencies.
The council may establish technical advisory committees in order to
improve coordination among agencies of state government and to
strengthen the partnership with local government and allies from the
private sector assist in the development of a strategic plan for
economic development.
The council shall seek to utilize data relevant to the economic growth
and development of the State which is available from the Department of
Highways and Public Transportation, the University of South Carolina,
and Clemson University, and other state agencies and
organizations."
SECTION 8. In accordance with Section 1-20-60 of the 1976 Code
the existence of the South Carolina Coordinating Council for Economic
Development is reauthorized for six years.
SECTION 9. This act takes effect upon approval by the Governor.
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