S*732 Session 109 (1991-1992)
S*0732(Rat #0550, Act #0456 of 1992) General Bill, By Moore
A Bill to amend the 1976 Code by adding Sections 13-9-180, 13-9-190, 13-9-200,
and 13-9-210, so as to require the Savannah Valley Authority to promulgate
regulations in accordance with Chapter 23 of Title 1 and Budget and Control
Board approval; to authorize the Authority to establish profit and
not-for-profit corporations and to make grants, loans, or guarantees for such
a nonprofit corporation which do not become an obligation of the State; to
exempt Authority property from taxes and assessments; to reaffirm the
Authority as an "agency" for purposes of Chapter 78 of Title 15 and to exclude
it as "agency" under Sections 2-7-65 and 2-57-60; to amend Section 13-9-10, as
amended, relating to the Authority Board and its membership, so as to
restructure the Board and increase its membership from eight to thirteen; to
amend Section 13-9-20, relating to officers and meetings of the Board, so as
to permit the establishment of additional offices and committees; to amend
Section 13-9-30, as amended, relating to powers and duties of the Board, so as
to exempt the Authority from the State Procurement Code except for minority
business provisions, to conform the name "Clark's Hill-Russell Project" to the
"J. Strom Thurmond Project", to authorize the Board to act as a regional
development agency for acquiring real property, and to delete the approval of
the State Budget and Control Board for such acquisitions, to authorize the
Board to charge fees and other assessments for the use of its facilities or
services, to authorize the Board to employ, dismiss, and compensate employees
and others without the state employee leave and grievance procedures or the
State Procurement Code applying except for minority business provisions; to
amend Section 13-9-35, as amended, relating to the Authority's exercise of
powers, so as to delete provisions requiring the consent of the county
legislative delegation for the Authority to exercise its powers in that
county; to amend Section 13-9-40, relating to the issuance of bonds by the
Authority, so as to authorize the Board to issue taxable or tax exempt bonds
for purposes related to acquiring, constructing, equipping, maintaining, and
operating a facility; to amend Section 13-9-140, relating to the earnings of
the Authority, so as to allow the State Treasurer to invest funds of the
Authority and to allow the funds to be utilized in accordance with policies of
the Authority; to amend Section 13-9-150, relating to the retention of funds
of the Authority, so as to require that the Authority retain unexpended funds
at the end of the fiscal year; to provide for membership transition provisions
for the newly constituted Board, and to provide for the severability of
illegal or unenforceable provisions.-amended title
03/05/91 Senate Introduced and read first time SJ-7
03/05/91 Senate Referred to Committee on Judiciary SJ-7
04/10/91 Senate Committee report: Favorable with amendment
Judiciary SJ-16
04/17/91 Senate Amended SJ-21
04/17/91 Senate Read second time SJ-23
04/17/91 Senate Ordered to third reading with notice of
amendments SJ-23
04/18/91 Senate Read third time and sent to House SJ-13
04/23/91 House Introduced and read first time HJ-237
04/23/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-238
04/15/92 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-10
04/29/92 House Debate adjourned until Thursday, April 30, 1992 HJ-295
05/05/92 House Debate adjourned until Wednesday, May 13, 1992 HJ-2
05/13/92 House Debate adjourned until Thursday, May 14, 1992 HJ-12
05/14/92 House Debate adjourned until Tuesday, May 19, 1992 HJ-301
05/19/92 House Debate adjourned until Wednesday, May 20, 1992 HJ-5
05/20/92 House Amended HJ-29
05/20/92 House Read second time HJ-58
05/21/92 House Read third time and returned to Senate with
amendments HJ-39
05/27/92 Senate Concurred in House amendment and enrolled SJ-109
06/04/92 Ratified R 550
06/15/92 Signed By Governor
06/15/92 Effective date 07/01/92
06/15/92 Act No. 456
07/09/92 Copies available
(A456, R550, S732)
AN ACT TO AMEND THE 1976 CODE BY ADDING
SECTIONS 13-9-180, 13-9-190, 13-9-200, AND 13-9-210, SO
AS TO REQUIRE THE SAVANNAH VALLEY AUTHORITY
TO PROMULGATE REGULATIONS IN ACCORDANCE
WITH CHAPTER 23 OF TITLE 1 AND BUDGET AND
CONTROL BOARD APPROVAL; TO AUTHORIZE THE
AUTHORITY TO ESTABLISH PROFIT AND
NOT-FOR-PROFIT CORPORATIONS AND TO MAKE
GRANTS, LOANS, OR GUARANTEES FOR SUCH A
NONPROFIT CORPORATION WHICH DO NOT BECOME AN
OBLIGATION OF THE STATE; TO EXEMPT AUTHORITY
PROPERTY FROM TAXES AND ASSESSMENTS; TO
REAFFIRM THE AUTHORITY AS AN "AGENCY"
FOR PURPOSES OF CHAPTER 78 OF TITLE 15 AND TO
EXCLUDE IT AS "AGENCY" UNDER SECTIONS
2-7-65 AND 2-57-60; TO AMEND SECTION 13-9-10, AS
AMENDED, RELATING TO THE AUTHORITY BOARD AND
ITS MEMBERSHIP, SO AS TO RESTRUCTURE THE BOARD
AND INCREASE ITS MEMBERSHIP FROM EIGHT TO
THIRTEEN; TO AMEND SECTION 13-9-20, RELATING TO
OFFICERS AND MEETINGS OF THE BOARD, SO AS TO
PERMIT THE ESTABLISHMENT OF ADDITIONAL OFFICES
AND COMMITTEES; TO AMEND SECTION 13-9-30, AS
AMENDED, RELATING TO POWERS AND DUTIES OF THE
BOARD, SO AS TO EXEMPT THE AUTHORITY FROM THE
STATE PROCUREMENT CODE EXCEPT FOR MINORITY
BUSINESS PROVISIONS, TO CONFORM THE NAME
"CLARK'S HILL-RUSSELL PROJECT" TO THE
"J. STROM THURMOND PROJECT", TO
AUTHORIZE THE BOARD TO ACT AS A REGIONAL
DEVELOPMENT AGENCY FOR ACQUIRING REAL
PROPERTY, AND TO DELETE THE APPROVAL OF THE
STATE BUDGET AND CONTROL BOARD FOR SUCH
ACQUISITIONS, TO AUTHORIZE THE BOARD TO CHARGE
FEES AND OTHER ASSESSMENTS FOR THE USE OF ITS
FACILITIES OR SERVICES, TO AUTHORIZE THE BOARD
TO EMPLOY, DISMISS, AND COMPENSATE EMPLOYEES
AND OTHERS WITHOUT THE STATE EMPLOYEE LEAVE
AND GRIEVANCE PROCEDURES OR THE STATE
PROCUREMENT CODE APPLYING EXCEPT FOR
MINORITY BUSINESS PROVISIONS; TO AMEND SECTION
13-9-35, AS AMENDED, RELATING TO THE AUTHORITY'S
EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS
REQUIRING THE CONSENT OF THE COUNTY
LEGISLATIVE DELEGATION FOR THE AUTHORITY TO
EXERCISE ITS POWERS IN THAT COUNTY; TO AMEND
SECTION 13-9-40, RELATING TO THE ISSUANCE OF
BONDS BY THE AUTHORITY, SO AS TO AUTHORIZE THE
BOARD TO ISSUE TAXABLE OR TAX EXEMPT BONDS
FOR PURPOSES RELATED TO ACQUIRING,
CONSTRUCTING, EQUIPPING, MAINTAINING, AND
OPERATING A FACILITY; TO AMEND SECTION 13-9-140,
RELATING TO THE EARNINGS OF THE AUTHORITY, SO
AS TO ALLOW THE STATE TREASURER TO INVEST
FUNDS OF THE AUTHORITY AND TO ALLOW THE FUNDS
TO BE UTILIZED IN ACCORDANCE WITH POLICIES OF
THE AUTHORITY; TO AMEND SECTION 13-9-150,
RELATING TO THE RETENTION OF FUNDS OF THE
AUTHORITY, SO AS TO REQUIRE THAT THE AUTHORITY
RETAIN UNEXPENDED FUNDS AT THE END OF THE
FISCAL YEAR; TO PROVIDE FOR MEMBERSHIP
TRANSITION PROVISIONS FOR THE NEWLY
CONSTITUTED BOARD, AND TO PROVIDE FOR THE
SEVERABILITY OF ILLEGAL OR UNENFORCEABLE
PROVISIONS.
Whereas, the General Assembly recognizes that Savannah Valley
Authority has successfully provided economic development
services for the Savannah River Basin; and
Whereas, the General Assembly finds that improvement to local
environmental, transportation, recreational, and communications
infrastructure results in improved local economy; and
Whereas, it is the further intent of the General Assembly that a
project of the authority benefit the economy of the political
subdivision and region within which the project is located;
and
Whereas, it is the intent of the General Assembly that unallocated
project proceeds may be invested in local infrastructure when
local legislative representation and the authority agree it is
appropriate to do so; and
Whereas, in recognition of the authority's contributions to the
overall economy of the basin and the fact that activities of the
authority also could serve as a benefit to the entire citizenry of the
basin; and
Whereas, the General Assembly finds that in order for the
authority to offer competitive services to the business community
that the authority be empowered to exercise such responsibilities
independent of certain procedural requirements of other agencies
of state government; and
Whereas, it is the intent of the General Assembly that the
authority be empowered to exercise its responsibilities on a
basin-wide basis. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Members
SECTION 1. Section 13-9-10 of the 1976 Code, as last amended
by Act 685 of 1988, is further amended to read:
"Section 13-9-10. (A) 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
the following thirteen-member board appointed by the Governor,
with the advice and consent of the Senate, for terms of four years
and until successors are appointed and qualify:
(1) At least one member must be a resident of
McCormick County.
(2) At least one member must be a resident of Abbeville
County.
(3) At least one member must be a resident of Anderson
County.
(4) At least one member must be a resident of Aiken
County.
(5) At least one member must be a resident of Edgefield
County.
(6) One member must be from Oconee County.
(7) A member must be from the Second Judicial Circuit
and a resident of Aiken or Barnwell County.
(8) A member must be from the Eighth Judicial Circuit
and a resident of Abbeville or Greenwood County.
(9) A member must be from the Eleventh Judicial Circuit
and a resident of McCormick, Edgefield, or Saluda County.
(10) A member must be from the Thirteenth Judicial
Circuit and a resident of Pickens County.
(11) A member must be from the Fourteenth Judicial
Circuit and a resident of Allendale, Hampton, or Jasper County.
(12) Two members must be at large from the State.
(B) Vacancies on the board for any reason must be filled for
the unexpired term in the manner of original
appointment."
Board actions
SECTION 2. Section 13-9-20 of the 1976 Code is amended to
read:
"Section 13-9-20. The members of the board shall elect
one member as chairman and one as vice-chairman and shall also
elect a secretary. The board shall establish other offices,
committees, and positions under its bylaws as it considers
necessary. The board shall meet upon the call of its chairman and
in accordance with its bylaws, and seven members constitute a
quorum for the transaction of its business."
Powers and duties
SECTION 3. That portion of Section 13-9-30 of the 1976 Code
through item (k), as last amended by Act 685 of 1988, is further
amended to read:
"The board has all the rights and powers of a body politic
and corporate and body 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 considers 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 corporate seal;
(d) adopt and amend bylaws for regulation of its affairs
consistent with this chapter;
(e) notwithstanding any provision of law or regulation to the
contrary, and in accordance with its own procurement procedures
and regulations as approved by the Budget and Control Board,
acquire, purchase, hold, use, improve, manage, 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, including as security for notes, bonds, evidences of
indebtedness, or other obligations of the authority. Except for the
provisions of Sections 11-35-5210 through 11-35-5270, inclusive,
in exercising the powers authorized in this chapter the authority is
exempt from Title 11, Chapter 35. 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 disburse the authority's funds;
(g) make inquiry into the status of, and plans for, the
development of the J. Strom Thurmond 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 a regional development agency of the State to
receive, purchase, hold title to, and to manage any real property in
its jurisdiction acquired by release of surplus real property, by
purchase, by donation, 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 as provided in the bylaws of the
authority. The authority shall retain, carry forward, or 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 shall 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 governing the use of or doing
business on the authority's property or facilities, including the
adoption of safety standards and insurance coverage or proof of
financial responsibility, including, but not limited to, providing
for the licensing of persons, firms, or corporations using or doing
business on such property or facilities, and for license fees to
cover the expense thereof;".
Employees
SECTION 4. Section 13-9-30 of the 1976 Code, as last amended
by Act 112 of 1989, is further amended by adding at the end:
"(p) employ and dismiss, at the will and pleasure of the
authority, those employees, consultants, and other providers of
services as the authority considers necessary and to fix and to pay
their compensation. Employees of the authority or an entity
established pursuant to Section 13-9-190 are not considered state
employees except for eligibility for participation in the State
Retirement System and the State Health Insurance Group Plans
and pursuant to Chapter 78 of Title 15. The provisions of Chapter
11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to
the authority. The authority is responsible for complying with the
other state and federal laws covering employers. The authority
may contract with the Division of Human Resources Management
of the State Budget and Control Board to establish a
comprehensive human resource management program.
(q) fix, alter, charge, and collect tolls, fees, rents, charges, and
assessments for the use of the facilities of or for the services
rendered by, the authority; these rates must be at least sufficient to
provide for payment of all expenses of the authority, the
conservation, maintenance, and operation of its facilities and
properties, the payment of principal and interest on its notes,
bonds, and other evidences of indebtedness or obligation, and to
fulfill the terms and provisions of any agreements made with the
purchasers and holders of these notes, bonds, or other evidences
of indebtedness or obligation."
Area
SECTION 5. Section 13-9-35 of the 1976 Code, as last amended
by Act 685 of 1988, is further amended to read:
"Section 13-9-35. The authority may exercise any of the
powers and duties conveyed under Section 13-9-30 in the entire
area of a county or portion of a county which borders the
Savannah River or is within the Savannah River Basin."
Bonds
SECTION 6. The first paragraph of Section 13-9-40 of the 1976
Code is amended to read:
"In furtherance of its purposes, the authority may issue
revenue bonds, the interest on which may or may not be
excludable from gross income for federal income tax purposes, for
the purpose of raising funds needed from time to time for the
financing or refinancing, in whole or in part, the acquisition,
construction, equipment, maintenance, and operation of a facility,
building structure, or any other matter or thing which the authority
is authorized to acquire, construct, equip, maintain, or
operate."
Funds
SECTION 7. Section 13-9-140 of the 1976 Code is amended to
read:
"Section 13-9-140. All funds of the authority must be
invested by the State Treasurer and, upon approval and
designation by the State Treasurer of a financial institution or
institutions, all funds must be deposited in such institutions by the
board in accordance with policies established by the board. Funds
of the authority must be paid out only upon warrants issued in
accordance with policies established by the board. No warrants
may be drawn or issued disbursing any of the funds of the
authority except for a purpose authorized by this chapter.
The net earnings of the authority, beyond that necessary for
retirement of its bonds or other obligations or to implement the
purposes of this chapter, may not inure to the benefit of any
person other than the authority. Upon termination of the existence
of the authority, title to all property, real and personal, owned by
it, including net earnings, vests in the State."
Unexpended funds
SECTION 8. Section 13-9-150 of the 1976 Code is amended to
read:
"Section 13-9-150. The authority shall retain
unexpended funds at the close of the fiscal year of the State
regardless of the source of the funds and expend the funds in
subsequent fiscal years."
Regulations, authority
SECTION 9. The 1976 Code is amended by adding:
"Section 13-9-180. The regulations of the authority must
be promulgated in accordance with Chapter 23 of Title 1.
Section 13-9-190. The authority may establish profit or
not-for-profit corporations as the authority considers necessary to
carry out the purposes of this chapter. Officials or employees of
the authority may act as officials or employees of the corporations
created pursuant to this section without additional compensation.
A corporation created pursuant to this section is considered a
`public procurement unit' for purposes of Article 19, Chapter 35
of Title 11.
The authority may make grants or loans to, or make guarantees
for, the benefit of a not-for-profit corporation which the authority
has caused to be formed whose articles of incorporation require
that its directors be elected by members of the authority and all
assets of which, upon dissolution, must be distributed to the
authority if it is in existence or, if it is not in existence, then to this
State.
These grants, loans, or guarantees may be made upon a
determination by the authority that the receiving not-for-profit
corporation is able to carry out the purposes of this chapter and on
the terms and conditions imposed by the authority.
A guarantee made by the authority does not create an obligation
of the State or its political subdivisions and is not a grant or loan
of the credit of the State or a political subdivision. A guarantee
issued by the authority must be a special obligation of the
authority. Neither this State nor any political subdivision is liable
on a guarantee nor may they be payable out of any funds other
than those of the authority and a guarantee issued by the authority
must contain on its face a statement to that effect.
Section 13-9-200. The property of the authority is not subject
to any taxes or assessments, but the authority shall negotiate a
payment in lieu of taxes with the appropriate taxing
authorities.
Section 13-9-210. Notwithstanding any provision of law or
regulation, the authority continues to be an `agency' for purposes
of Chapter 78 of Title 15; however, the authority is not considered
to be an `agency' or `state agency' or any other form of state
institution for purposes of Sections 2-7-65 and
2-57-60."
Terms
SECTION 10. Members of the board of the Savannah Valley
Authority serving on this section's effective date serve until four
years after that date. New members appointed pursuant to Section
13-9-10 amended in Section 1 of this act serve initial terms of two
years. Current members are eligible for appointment as members
of the reconstituted board.
Severability
SECTION 11. If a term or provision of a section of this act is
found to be illegal or unenforceable, the remainder of this act
nonetheless remains in full force and effect and the illegal or
unenforceable term or provision is deleted and severed from this
act.
Time effective
SECTION 12. This act takes effect July 1, 1992.
Approved the 15th day of June, 1992. |