Current Status Bill Number:
3494Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970219Primary Sponsor: KirshAll Sponsors: Kirsh, Simrill and MeachamDrafted Document Number: dka\4114mm.97Residing Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCISubject: Jobs-Economic Development Authority to be administered by Commerce Department, Businesses and Corporations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970219 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 13-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE DEPARTMENT OF COMMERCE, SO AS TO ABOLISH THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO TRANSFER ITS FUNCTIONS, POWERS, DUTIES, AND ASSETS TO THE DEPARTMENT; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE FUNCTIONS AND DUTIES FORMERLY OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND SECTIONS 13-1-320, 13-1-340, AND 13-1-350, RELATING TO THE OBJECTIVES, POWERS, AND DUTIES OF THE DIVISION OF DEVELOPMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE OBJECTIVES, POWERS, AND DUTIES FORMERLY OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; AND TO REPEAL SECTIONS 41-43-10 THROUGH 41-43-290 RELATING TO THE CREATION AND EMPOWERMENT OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 13-1-10 of the 1976 Code, as added by Act 181 of 1993, is amended by adding:
"(C) Notwithstanding another provision of law, all functions, powers, and duties provided by law to the South Carolina Jobs-Economic Development Authority, its officers or agencies, are transferred to the Department of Commerce together with all records, property, personnel, and unexpended appropriations, including federal funds. All assets and future income derived from them must be used solely to promote the development and creation of small businesses within this State. All rules, regulations, standards, orders, or other actions of entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act."
SECTION 2. Section 13-1-20 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 13-1-20. The Department of Commerce shall conduct an adequate statewide program for the stimulation of economic activity to develop the potentialities potential of the State; manage the business and affairs of the Savannah Valley Development; develop state public airports and an air transportation system that is consistent with the needs and desires of the public; develop the state public railway system for the efficient and economical movement of freight, goods, and other merchandise; and enhance the economic growth and development of the State through strategic planning and coordinating activities; and promote and encourage the development and growth of small business enterprises in this State through loans, research, and technical and managerial advice."
SECTION 3. Section 13-1-320 of the 1976 Code , as added by Act 181 of 1993, is amended to read:
"Section 13-1-320. The objectives of the division are to:
(1) conserve, restore, and develop the natural and physical, the human and social, and the economic and productive resources of the State;
(2) promote coordination of the functions and activities of state agencies and act as the official state liaison office between the state, federal, and local planning, research, and development agencies;
(3) promote a system of transportation for the State through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promote and correlate state and local activity in planning public works projects;
(5) promote public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) promote and encourage industrial development, private business and commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) 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) assist in ensuring stability in employment, increase the opportunities for employment of the citizens of the State, and devise ways and means to raise the living standards of the people of the State;
(9) promote and encourage the development and growth of small business enterprises in this State through loans, research, and technical and managerial advice;
(10) advance the general welfare of the people."
SECTION 4. Section 13-1-340 of the 1976 Code, as added by Act 181 of 1993, is amended by adding:
"(12) promote and encourage the development and growth of small business enterprises in this State through loans, research, and technical and managerial advice."
SECTION 5. Section 13-1-350 of the 1976 Code, as added by Act 181 of 1993, is amended by adding:
"(8) The Director of the Division of Development also shall have the duties formerly imposed on the South Carolina Jobs-Economic Development Authority, which has been abolished, in the same manner as he has over the other abolished boards, commissions, and councils as provided for in this section including:
(a) enter into such contracts, agreements, and instruments and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes. With respect to any contract or agreement where the liability of the authority is limited to program funds, the authority may require public notice or bidding;
(b) acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of 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;
(c) accept appropriations, gifts, grants, loans, or other aid from persons, partnerships, firms, corporations, agencies, or entities, whether public or private;
(d) apply for and hold patents and collect royalties under such terms and conditions as are appropriate;
(e) have the powers granted to counties and municipalities of this State pursuant to the provisions of Chapter 29, Title 4, as applies to the issuance of bonds and the refunding of bonds under that chapter. Bonds may be issued upon receipt of a certified resolution by the county or municipality in which the project, as defined in Chapter 29, Title 4, is or will be located, containing the findings provided for in Section 4-29-60 and evidence of a public hearing held not less than fifteen days after publication in a newspaper of general circulation in the county in which the project is or will be located;
(f) make commitments, guarantees, grants, or loans utilizing its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds;
(g) create and establish funds, including reserve funds, and accounts as necessary in connection with the issuance of bonds or for any of its authorized purposes;
(h) use program funds to purchase or provide for insurance as additional security for bonds issued by the authority;
(i) initiate counseling and management programs for business enterprises and provide business enterprises with technical assistance, advice, and information respecting development opportunities and programs and collect, maintain, and disseminate data and information;
(j) fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by, the authority;
(k) participate in and cooperate with an agency or instrumentality of the United States and with an agency or political subdivision of this State in the administration of its programs."
SECTION 6. Sections 41-43-10 through 41-43-290 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor.