S*699 Session 108 (1989-1990)
S*0699(Rat #0385, Act #0349 of 1990) General Bill, By J.M. Waddell
A Bill to amend Section 51-13-710, Code of Laws of South Carolina, 1976,
relating to the Patriot's Point Development Authority, so as to reduce the
size of the governing board of the Authority; to amend Section 51-13-720,
relating to the governing board of the Authority, so as to revise the manner
in which the governing board is appointed; to amend Section 51-13-810,
relating to the authorization of the Authority to issue revenue bonds, so as
to delete this authorization, and to provide for the manner in which the
Authority is authorized to borrow money; to amend Section 51-13-840, relating
to the exemption from taxation of the property of the Authority, so as to
further provide for this exemption; and to amend the 1976 Code by adding
Section 51-13-860 so as to authorize the Authority to borrow not exceeding six
million dollars under certain conditions and for specified purposes; and by
adding Section 51-13-870 so as to require the Authority to submit a financial
status report to the Governor and General Assembly by January 1, 1994, and to
provide for the effective date of the above provisions.-amended title
04/19/89 Senate Introduced, read first time, placed on calendar
without reference SJ-10
04/25/89 Senate Read second time SJ-27
04/25/89 Senate Ordered to third reading with notice of
amendments SJ-27
04/25/89 Senate Unanimous consent for third reading on next
legislative day SJ-55
04/26/89 Senate Read third time and sent to House SJ-198
04/27/89 House Introduced and read first time HJ-7
04/27/89 House Referred to Committee on Ways and Means HJ-7
05/31/89 House Recalled from Committee on Ways and Means HJ-2
05/31/89 House Amended HJ-12
05/31/89 House Read second time HJ-13
05/31/89 House Unanimous consent for third reading on next
legislative day HJ-13
06/01/89 House Read third time and returned to Senate with
amendments HJ-94
06/21/89 Senate House amendment amended SJ-64
06/21/89 Senate Debate interrupted SJ-69
06/22/89 Senate House amendment amended SJ-5
06/22/89 Senate Returned to House with amendments SJ-36
06/22/89 House Point of order -Sen. Amens. not printed & on
desks for 24 hours HJ-19
01/10/90 Senate Recalled from House SJ-14
01/10/90 House Debate adjourned HJ-3
01/10/90 House Debate adjourned on amendments HJ-65
01/11/90 House Debate adj. on request to return to Sen. until
1/17/90 HJ-7
01/11/90 Senate Reconsider request to return SJ-32
01/11/90 Senate Table motion to request return SJ-33
01/24/90 House Debate adjourned HJ-51
02/01/90 House Debate adjourned HJ-31
03/01/90 House Senate amendment amended HJ-22
03/01/90 House Returned to Senate with amendments HJ-26
03/07/90 Senate House am. returned to Sen. ruled out order-third
degree
03/07/90 Senate House amendment amended SJ-33
03/08/90 House Concurred in Senate amendment and enrolled HJ-3
03/13/90 Ratified R 385
03/19/90 Signed By Governor
03/19/90 Effective date 03/19/90
03/19/90 Act No. 349
03/19/90 See act for exception to or explanation of
effective date
03/27/90 Copies available
(A349, R385, S699)
AN ACT TO AMEND SECTION 51-13-710, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO
REDUCE THE SIZE OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND
SECTION 51-13-720, RELATING TO THE GOVERNING BOARD OF THE AUTHORITY,
SO AS TO REVISE THE MANNER IN WHICH THE GOVERNING BOARD IS APPOINTED;
TO AMEND SECTION 51-13-810, RELATING TO THE AUTHORIZATION OF THE
AUTHORITY TO ISSUE REVENUE BONDS, SO AS TO DELETE THIS AUTHORIZATION
AND TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY IS AUTHORIZED TO
BORROW MONEY; TO AMEND SECTION 51-13-840, RELATING TO THE EXEMPTION
FROM TAXATION OF THE PROPERTY OF THE AUTHORITY, SO AS TO FURTHER
PROVIDE FOR THIS EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING
SECTION 51-13-860 SO AS TO AUTHORIZE THE AUTHORITY TO BORROW NOT
EXCEEDING SIX MILLION DOLLARS UNDER CERTAIN CONDITIONS AND FOR
SPECIFIED PURPOSES; AND BY ADDING SECTION 51-13-870 SO AS TO REQUIRE
THE AUTHORITY TO SUBMIT A FINANCIAL STATUS REPORT TO THE GOVERNOR AND
GENERAL ASSEMBLY BY JANUARY 1, 1994, AND TO PROVIDE FOR THE EFFECTIVE
DATE OF THE ABOVE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Governing board of authority decreased
SECTION 1. Section 51-13-710 of the 1976 Code is amended to read:
"Section 51-13-710. There is hereby created the Patriot's
Point Development Authority, a body politic and corporate under the
laws of this State, consisting of and governed by a board of five
members hereinafter referred to as the authority. "
Manner of appointment of board revised
SECTION 2. Section 51-13-720 of the 1976 Code is amended to read:
"Section 51-13-720. Members of the authority must be
appointed by the Governor as follows: one upon the joint
recommendation of the Chairman of the House Ways and Means Committee
and the Speaker of the House, one upon the joint recommendation of the
Chairman of the Senate Finance Committee and the President Pro Tempore
of the Senate, and three to be appointed by the Governor. The
Governor shall appoint the chairman. The terms of the members are for
four years and until their successors are appointed and qualify.
Members may succeed themselves. Vacancies must be filled in the same
manner of the original appointment for the remainder of the unexpired
term."
Revenue bond authorization deleted and borrowing provisions
SECTION 3. Section 51-13-810 of the 1976 Code is amended to read:
"Section 51-13-810. As a means of raising the funds needed
in the acquisition, construction, equipment, maintenance, and
operation of any facility, building, structure, or other matter or
thing which the authority is authorized to acquire, construct, equip,
maintain, or operate, all or any of them, the authority, subject to
the approval of the Budget and Control Board, may borrow money and
make and issue negotiable notes, or other evidences of indebtedness
and provide for their payment under terms and conditions the authority
determines."
Taxation exemption revised
SECTION 4. Section 51-13-840 of the 1976 Code is amended to read:
"Section 51-13-840. The property of the authority is not
subject to any taxes, or sums in lieu of taxes, or assessments on the
property."
Certain borrowing authorized
SECTION 5. The 1976 Code is amended by adding:
"Section 51-13-860. The Budget and Control Board may
transfer to the authority an amount not to exceed six million dollars
from the funds made available to the South Carolina Coordinating
Council for Economic Development pursuant to Section 12-27-1270, for
the purpose of the authority participating in any court approved
settlement of the claims and litigation brought against the authority,
its officers, employees or agents and arising from, related to, or
connected with the development of a hotel and marina complex upon the
lands of the authority, and for those other operating expenses
necessary for the further development of the authority. This transfer
is considered a loan to the authority, and it must be for a period not
to exceed three years as determined by the Budget and Control Board
and must be free of interest for that period."
Report and recommendations
SECTION 6. The 1976 Code is amended by adding:
"Section 51-13-870. On or before January 1, 1994, the
authority shall submit a report to the Governor and the General
Assembly which provides a detailed status of the development
activities, financial condition of the authority, and recommendations
for legislation to assure the permanent status of the Patriot's Point
Naval and Maritime Museum."
Time effective
SECTION 7. This act takes effect upon approval by the Governor,
except that the provisions of Sections 1, 2, 5, and 6 of this act do
not take effect until the date that all claims and litigation, brought
against the Patriot's Point Development Authority, its officers,
employees, or agents and arising from, related to, or connected with
the development of a hotel and marina complex upon the lands of the
authority, have been settled or otherwise disposed of to the
satisfaction of the Governor and the State Budget and Control Board as
evidenced by written resolution of the board. On the date of this
written resolution, the terms of the present members of the authority
expire and their successors appointed in the manner provided by this
act shall take office.
Approved the 19th day of March, 1990.
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