Current Status Bill Number:558 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970320 Primary Sponsor:Drummond All Sponsors:Drummond and McGill Drafted Document Number:bbm\9272htc.97 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Economic Development Authority created, powers and duties of
Body Date Action Description Com Leg Involved
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Senate 19970320 Introduced, read first time, 12 SLCI
referred to Committee
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TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 13 of the 1976 Code is amended by adding:
Section 13-4-10. There is created a body corporate and politic to be known as the South Carolina Economic Development Authority. The authority is an instrumentality of the State of South Carolina.
Section 13-4-20. The purposes of the authority include, but are not limited to:
(1) the promotion and encouragement of industrial development, private business and commercial enterprise, international investment development, and the utilization and investment of capital in the State;
(2) assisting 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; and
(3) assisting in ensuring stability in employment, increased opportunities for employment for all citizens of the State, and devise ways and means to raise the living standards of the people of the State.
Section 13-4-30. The authority has the powers and authority to do all things necessary or convenient to carry out its activities and affairs including, but not limited to, the following:
(1) to sue and be sued, complain, and defend in its corporate name;
(2) to have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it;
(3) to purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property, wherever located;
(4) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;
(5) to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with, other interests in or obligations of any entity;
(6) to make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income;
(7) to lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment, except as limited by Section 33-31-832;
(8) to be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity pursuant to Article X, Section 11 of the Constitution of this State;
(9) to conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this State;
(10) to employ, elect, appoint, dismiss, or terminate directors, officers, employees, and agents of the authority, define their duties, and fix their compensation; employees of the authority are not considered state employees pursuant to Title 8, Chapter 11, or for purposes of the State Employee Grievance Procedure Act pursuant to Title 8, Chapter 17, except for eligibility for participation in the State Retirement System and the State Health Insurance Group plans. Employees of the authority shall receive the usual mileage, per diem, and subsistence provided by law and regulations as applied to state employees of the executive branch of government;
(11) to pay pension plans, including contributing to the South Carolina Retirement System, pension trusts, and other benefit and incentive plans for any or all of its current or former directors, officers, employees, and agents;
(12) to make donations not inconsistent with law for the public welfare or for charitable, religious, scientific, or educational purposes and for other purposes that further the authority's interest;
(13) to accept gifts, devises, and bequests subject to any conditions or limitations contained in the gift, devise, or bequest so long as the conditions or limitations are not contrary to this chapter or the purposes for which the corporation is organized;
(14) solicit, receive, and expend privately donated funds from any source or entity to carry out the purposes of the authority; any private funds received do not become public funds; such private funds must be held in separate accounts controlled by the authority; the receipt and expenditure of such private funds shall be reported in an annual fiscal audit of the authority;
(15) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the authority;
(16) conduct an annual fiscal audit by a certified public accountant selected by the authority, who shall review the accounts of the authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;
(17) prepare and submit an annual budget to the Governor for approval by the General Assembly; and
(18) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the authority.
Section 13-4-40. The authority is authorized to establish profit or not-for-profit corporations as the authority considers necessary to carry out the purposes of this chapter.
Section 13-4-50. The authority is headed by a director appointed by the Governor upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided in Section 1-3-240(B). At the pleasure of the Governor, the Secretary of Commerce may also serve as the director of the South Carolina Economic Development Authority, and if so, the Secretary of Commerce shall serve as director, ex officio without the additional advice and consent of the Senate. Upon approval by the Budget and Control Board, the Governor shall set the compensation for the director that he determines is in the best interest of the authority. The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the authority subject only to the laws of this State and the United States.
Section 13-4-60. The authority shall retain unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and may expend the funds in subsequent fiscal years.
Section 13-4-70. If a term or provision of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect, and the illegal or unenforceable term or provision is deleted and severed from this chapter."
SECTION 2. Section 1-11-720(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) the South Carolina Economic Development Authority established pursuant to Chapter 4 of Title 13."
SECTION 3. Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding an appropriately lettered item at the end to read:
"( ) officers and employees of the South Carolina Economic Development Authority."
SECTION 4. Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) officers and employees of the South Carolina Economic Development Authority."
SECTION 5. Section 11-35-310(18) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:
"(18) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branches of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing and Information Technology Resources, the South Carolina Economic Development Authority, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts."
SECTION 6. Those functions, powers, and duties of the South Carolina Department of Commerce that the South Carolina Economic Development Authority, as established by this act, considers necessary to enhance the economic development and growth of this State, and as approved by the State Budget and Control Board, are transferred to the authority together with all records, property, personnel, and unexpended appropriations.
SECTION 7. This act takes effect upon approval by the Governor.