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Bill 931

                    Current Status

Bill Number:                      931
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000111
Primary Sponsor:                  Passailaigue
All Sponsors:                     Passailaigue, Elliott, Reese, Leventis
Drafted Document Number:          l:\s-res\elp\003spor.kad.doc
Residing Body:                    Senate
Current Committee:                General Committee 08 SG
Subject:                          Sports and Entertainment Commission 
                                  established, Athletics, Parks, Recreation and 
                                  Tourism


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000119  Co-Sponsor added by Senator                    Leventis
Senate  20000111  Introduced, read first time,           08 SG
                  referred to Committee
Senate  19990921  Prefiled, referred to Committee        08 SG


                             Versions of This Bill

TO AMEND TITLE 52 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO AMUSEMENTS AND ATHLETIC CONTESTS, BY ADDING CHAPTER 23 SO AS TO ESTABLISH THE SOUTH CAROLINA SPORTS AND ENTERTAINMENT COMMISSION SO AS TO CONSOLIDATE THE STATE'S EFFORTS TO PROMOTE AND MANAGE SPORTING EVENTS AND ENTERTAINMENT; TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF A BOARD OF DIRECTORS; AND TO CREATE A SPORTS AND ENTERTAINMENT COMMISSION FUND.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 52 of the 1976 Code is amended by adding:

Section 52-23-10. (A) The General Assembly hereby finds there is a need to combine in one entity the supervision and control of sporting, entertainment, and recreational activities in the State of South Carolina, and hereby establishes a Sports and Entertainment Commission as a corporate instrumentality of the state for the purposes of:

(1) promoting, developing and maintaining the state as a location for hosting sporting and entertainment events;

(2) developing and maintaining a comprehensive listing of sports, entertainment, and recreation facilities in the state that may be used as locations for hosting sporting events; and

(3) consolidating the state's efforts in promoting and managing sporting events and entertainment.

(b) In addition, an important goal for the commission is to encourage and support youth activities in the state by, among other ways, sponsoring sporting events for young athletes, attracting national collegiate championships to the State, and supporting activities by the Department of Parks, Recreation and Tourism.

(c) As the entity solely responsible for promoting sporting events in the State, the commission shall adopt the nonregulatory functions of the State Athletic Commission; however, to facilitate the presentation of sporting events, the commission may act as a liaison between sports interests (such as promoters and professional collegiate league officials) and State regulatory authorities. With the exception of promoting sporting events, the State Athletic Commission shall continue to be responsible for their respective regulatory functions.

(d) The General Assembly determines that the commission shall be given authority to generate funds from private and public sources to further the purposes of this chapter.

Section 52-23-20. There is established as an independent authority of the state government a State of South Carolina Sports and Entertainment Commission. The commission is created as a corporate body and instrumentality of the State and is created for the purposes of:

(A) Promoting the State as a location for holding sporting events which will enhance the State's economic development through, among other things, tourism, job opportunities, entertainment, business development, and national and international exposure;

(B) Providing community outreach and grassroots recreation for all residents of the State, especially children;

(C) Promoting and marketing sports events in the State and participation in such sports events, including, but not limited to, boxing, wrestling, martial arts, track and field, gymnastics, basketball, and other matches, contests, exhibitions, and showings, professional as well as amateur, of any kind or nature.

Section 52-23-30. (A)(1) The commission board of directors shall consist of eleven members, as follows:

(a) the chairman, appointed from the state at large by the Governor, subject to the advice and consent of the Senate;

(b) six members appointed by the Governor, subject to the advise and consent of the Senate. One of these members must be appointed from each of the state's six congressional districts;

(c) one member of the Senate, appointed by the Senate President Pro Tempore;

(d) one member of the House of Representatives, appointed by the Speaker;

(e) the Chairman of the State Athletic Commission and the Director of the Department of Parks, Recreation and Tourism, or any successor official with similar responsibilities, who shall serve as ex-officio members of the board with full privileges of board membership.

(2) Members shall be residents of the State and shall include prominent business, civic, and sports leaders. Representation on the board shall include, but not be limited to, individuals with experience and understanding of the political, financial, and organizational structure of sports.

(B) Members of the board (other than ex-officio members) shall serve a four-year term of office, with the exception that of the members first appointed, one member shall be appointed to a one-year term of office, two members shall be appointed to a two-year term of office, two members shall be appointed to a three-year term of office, and three members shall be appointed to a four year term of office.

(C) A vacancy on the board shall be filled in the same manner that the original appointment was made. Any person appointed to fill a vacancy shall serve only for the unexpired term of the original appointment, but may be reappointed to one or more additional terms.

(D) A member of the board, whose term has expired, may continue to serve until a new member is appointed. Members shall be eligible for reappointment.

(E) Each member, before assuming the duties of board membership, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability.

(F) The powers of the Commission shall be vested in the board. A majority of the board shall constitute a quorum. A quorum shall be necessary for the board to conduct its business.

(G) The Governor shall appoint a chairperson from among the public members with the advice and consent of the Senate.

(H) The board shall meet at least four times annually.

(I) The board may nominate and select special advisors who shall advise the Commission on matters relevant to the functions of the commission, although decision-making shall reside with the board. The board may also identify task forces as required. Task force members shall be composed of board members, special advisors, and others interested in serving.

Section 52-23-40. (A) The board shall appoint an Executive Director who shall serve as the chief executive officer of the Sports and Entertainment Commission. The Executive Director shall be an employee of the Commission but shall not be a member of the board. The Executive Director shall serve at the pleasure of the board and shall receive such compensation as shall be fixed by the board.

(B) In addition to any other duties set forth in this chapter, the Executive Director shall:

(1) Direct and supervise the administration and management of the Sports and Entertainment Commission, and direct the affairs and activities of the Sports and Entertainment Commission, in accordance with policies, rules, and regulations of the Sports and Entertainment Commission;

(2) Be Secretary to the board;

(3) Attend meetings of the board and keep minutes of all proceedings of the board;

(4) Approve all accounts for salaries, per diem payments, and allowable expenses of the commission and its employees and consultants, and approve all expenses incidental to the operation of the commission;

(5) Report and make recommendations to the board on the merits and status of efforts of any proposed sports events and present financial reports at each board meeting;

(6) Hire such personnel as the Executive Director deems necessary to carry out the functions of the commission, subject to board approval; and

(7) Perform such other duties as the board may require to carry out the provisions of this chapter.

Section 52-23-50. The Commission shall have the power to:

(1) Sue and be sued;

(2) Adopt an official seal and alter it from time to time;

(3) Make, amend, carry out, and enforce any rule it deems necessary for and likely to be effective in governing the promotion and management of sporting events and facilities in the State;

(4) Maintain an office at any location within the State that the Commission may designate;

(5) Make and alter bylaws for its organization and internal management and for the conduct of its affairs and businesses;

(6) Acquire, hold, use, and dispose of its income, revenues, funds and monies, including:

(a) Raise funds;

(b) Structure creative financing packages to enhance the likelihood of attracting sport events to the State, and in furtherance of the objectives set forth in this chapter;

(c) Charge source related user fees; and

(d) Collect and expend State tax revenues dedicated by the General Assembly to, or derived from activities in, facilities;

(7) Acquire, lease as lessee or lessor, hold, use, and dispose of any real or personal property;

(8) Enter into contracts and execute any instrument necessary or convenient to accomplish the purposes of the Commission and this chapter;

(9) Enter into agreements and joint venture arrangements with any local, state, regional, or federal government agency where the agreements are intended or designed to further the purposes of this chapter;

(10) Employ advisors, consultants, and agents including, but not limited to, financial advisors, accountants, and legal counsel, and fix their compensation;

(11) Provide through its employees, or by the grant of one or more concessions, or in part through its employees and in part by the grant of one or more concessions, for the furnishing of services and things for the accommodation of persons admitted to or using its facilities or any part thereof;

(12) Provide for the insurance of any property, operations, Board members, officers, agents, or employees of the Commission against any risk or hazard, and provide for the indemnification of its members, officers, employees, contractors, or agents against any and all risks; and

(13) Do any and all things necessary or convenient to carry out the purposes of this chapter and to exercise the powers expressly granted in this chapter.

Section 52-23-60. There is hereby created for the exclusive benefit of the Commission a Sports and Entertainment Commission Fund.

Section 52-23-70. (A) For the purposes of this section, the term 'Sports and Entertainment Commission Funds' means all monies managed and all funds established pursuant to Section 52-23-70.

(B)(1) In connection with the exercise of its powers under this chapter, the Commission may receive gifts, grants, appropriations, loans, bond proceeds, or other funds, property or other assets, or any other type of financial assistance from any federal, State, private, or other source and may utilize such funds as determined by rules issued by the Board. Such rules shall also govern the establishment of, administration of, and expenditure from, reserve funds. The source of such funds and the use thereof shall be a part of the annual reporting requirement of Section 52-23-100.

(2) The Commission may set up one or more nonprofit subsidiaries or utilize other nonprofit organizations to perform some of the functions of this chapter.

Section 52-23-80. The properties of the Sports and Entertainment Commission, both real and personal, are declared to be public properties used for the benefit and welfare of the citizens of the State, and not for purposes of private or corporate benefit and income. Such properties and the Commission shall be exempt from all taxes and special assessments now or hereafter imposed by the State.

Section 52-23-90. (A) No members or employees of the Commission shall be employed by, be an officer or director of, or have any ownership interest in, any corporation or entity which is a party to any agreement with the Commission under this chapter. No monies of the Commission shall be deposited in any financial institution in which a member or employee of the Commission is an officer, director or holder of a substantial proprietary interest.

(B) No member or employee of the Commission shall in his or her own name or in the name of a nominee, be an officer, director, or hold an ownership interest in any person, association, trust, corporation, partnership, or other entity which is, in its own name or the name of a nominee, a party to a contract or agreement upon which the member, officer, agent, or employee may be called to act or vote.

(C) With respect to any direct or indirect interest, other than an interest prohibited in subsection (B) of this section, in a contract or agreement upon which the member, officer, agent, or employee may be called upon to act or vote, a member of the commission or officer, agent, or employee hereof shall disclose the same to the Secretary and such disclosure shall be in the minutes of the meeting of the commission prior to the taking of final action by the commission concerning such contract or agreement and shall so disclose the nature and extent of such interest and his or her acquisition thereof, which disclosures shall be publicly acknowledged by the commission and entered upon the minutes of the commission. If a member or employee of the commission holds such an interest, then he or she shall refrain from any further official involvement in regard to such contract or agreement, from voting on any matter pertaining to such contract or agreement and from communicating with other members of the Commission or its officers, agents, and employees concerning such contract or agreement. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection shall not be void or invalid by reason of the interest described in this subsection, nor shall any person so disclosing the interest and refraining from further official involvement as provided in this subsection be guilty of an offense, be removed from office, or be subject to any other penalty on account of such interest.

(D) Any contract or agreement made in violation of subsection (B) or (C) of this section shall be null and void and give rise to no action against the commission.

Section 52-23-100. The commission shall file with the General Assembly each year a financial statement relating to the activities and business of the Commission during the preceding year."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:08 A.M.