Current Status Introducing Body:
SenateBill Number: 732Ratification Number: 550Act Number: 456Primary Sponsor: MooreType of Legislation: GBSubject: Savannah Valley AuthorityDate Bill Passed both Bodies: May 27, 1992Computer Document Number: JIC/5321.HCGovernor's Action: SDate of Governor's Action: Jun 15, 1992Introduced Date: Mar 05, 1991Date of Last Amendment: May 20, 1992Last History Body: ------Last History Date: Jun 15, 1992Last History Type: Act No. 456Scope of Legislation: StatewideAll Sponsors: MooreType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 732 ------ Jun 15, 1992 Act No. 456 732 ------ Jun 15, 1992 Signed by Governor 732 ------ Jun 04, 1992 Ratified R 550 732 Senate May 27, 1992 Concurred in House amendment, enrolled for ratification 732 House May 21, 1992 Read third time, returned with amendment 732 House May 20, 1992 Amended, read second time 732 House May 19, 1992 Debate adjourned until Wednesday, May 20, 1992 732 House May 14, 1992 Debate adjourned until Tuesday, May 19, 1992 732 House May 13, 1992 Debate adjourned until Thursday, May 14, 1992 732 House May 05, 1992 Debate adjourned until Wednesday, May 13, 1992 732 House Apr 29, 1992 Debate adjourned until Thursday, April 30, 1992 732 House Apr 15, 1992 Committee Report: Favorable 27 with amendment 732 House Apr 23, 1991 Introduced, read first time, 27 referred to Committee 732 Senate Apr 18, 1991 Read third time, sent to House 732 Senate Apr 17, 1991 Amended, read second time, ordered to third reading with notice of general amendments 732 Senate Apr 10, 1991 Committee Report: Favorable 11 with amendment 732 Senate Mar 05, 1991 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
(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:
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."
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;".
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."
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."
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."
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."
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."
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."
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.
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.
SECTION 12. This act takes effect July 1, 1992.
Approved the 15th day of June, 1992.