South Carolina General Assembly
104th Session, 1981-1982

Bill 3220


                    Current Status

Bill Number:               3220
Ratification Number:       408
Act Number                 341
Introducing Body:          House
Subject:                   Related to the Heritage World Expo
                           Authority
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A341, R408, H3220)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 13 OF TITLE 61 SO AS TO PROVIDE FOR THE HERITAGE WORLD EXPO AUTHORITY.

Whereas, South Carolina is the cradle of human heritage, having welcomed the heritages from around the world belonging to diverse races, religions, colors, creeds and national origins in the past three hundred fifty years; and

Whereas, South Carolina is a historic state and is one of the original thirteen colonies which helped chart the course of the history of this Nation and embraced more revolutionary battles on its fertile soil than any other state in the union; and

Whereas, South Carolina claims one of the oldest historic cities, Charleston, which is comparable to Boston and Philadelphia with its heritage, culture and traditions, has been a pioneer in agriculture with such products as cotton, rice, indigo, tobacco, peanuts, peaches and other crops and has produced some of the most dynamic leaders in practically every field of human endeavor throughout its history; and

Whereas, South Carolina, in keeping with the times and its traditions, has beautifully blended and happily harmonized the old and the new; and

Whereas, now by organizing a Heritage World Expo South Carolina shall reap great benefits in economic growth, job opportunities, business opportunities, education, art, culture, human growth and progress; and

Whereas, Heritage World Expo will be designed to have a tremendously beneficial educational and economic impact on tourism, industrial growth and tax revenues for the State, its counties and cities, contributing greatly to the state's well-being and progress. Now, therefore,

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

Heritage World Expo Authority

Section 1. Chapter 13 of Title 51 of the 1976 Code is amended by adding:

"Article 17

Heritage World Expo Authority

Section 51-13-1310. There is created the Heritage World Expo Authority (authority), a body politic and corporate under the laws of this State, consisting of and governed by a board of nine members (board). The authority shall be constituted for an initial term of five years. At the end of five years the General Assembly may transfer its powers, responsibilities, liabilities and assets to other state agencies but no obligation or contract shall be impaired by such transfer and the full faith and credit of the State shall ,be given to assure the performance of transferred obligations.

Section 51-13-1320. Members of the board shall be appointed by the Governor with the advice and consent of the Senate, one member from each congressional district and three from the State at large. The Governor shall appoint one of the at-large members as chairman. Terms of office shall be five years and until successors are appointed and qualify. Vacancies shall be filled by appointment for the remainder of the unexpired term.

Section 51-13-1330. The board shall meet upon call of the chairman or a majority of its members, which shall constitute a quorum for transaction of business. The members shall receive per diem and mileage as provided by law for members of state boards, committees and commissions for each day of official duties.

Section 51-13-1340. The authority may employ a president, secretary and an attorney and other employees or consultants as deemed necessary for its duties and shall fix their compensation.

Section 51-13-1350. The authority is created as an instrumentality of the State to organize and develop the Heritage World Expo:

(1) To provide a place of education and recreation to foster pride and patriotism.

(2) To establish and develop a library with artifacts, books, manuscripts, art and historical material.

(3) To foster and stimulate national and international travel to it by acquiring, constructing, equipping and maintaining buildings, public exhibits, entertainment facilities, historical monuments and sites and providing lodging and accommodations.

(4) To cooperate with the State and Nation in its maintenance, development, improvement and use.

(5) To accept funds, assets and services from Richland County and its municipalities and the State and use them as stipulated in any manner for the purposes of the authority.

(6) To act as agent for the United States or any of its agencies, departments, corporations or instrumentalities.

(7) To foster and stimulate the promotion of economic growth, tourism, the tourist industry and international trade.

(8) To create new jobs, business opportunities and additional resources for education, art and culture.

(9) To foster knowledge and appreciation of human heritage by making South Carolina a world center of such heritage and providing true southern hospitality to visitors from all parts of the world.

(10) To promote peace and human brotherhood by reemphasizing that we are all our brothers' keepers.

(11) To create new tax revenues for prosperity and progress.

(12) To do and perform any function not prohibited by law for its development and improvement.

Section 51-13-1360. The authority:

(1) Shall have the powers of a body corporate, including the power to sue and be sued, to make contracts and adopt and use a common seal and alter it as deemed expedient.

(2) May rent, lease, buy, own, acquire, mortgage and dispose of property, real or personal, as deemed proper to carry out the provisions of this article.

(3) May acquire, construct, maintain, equip and operate all needed facilities for use in Heritage World Expo development, including the construction of roads, highways, bridges and transportation facilities for educational, recreational and tourist missions.

(4) Shall establish an office for the transaction of business in Richland County and such other offices as may be deemed desirable.

(5) May create and operate such agencies and departments as deemed desirable.

(6) May pay all costs and expenses incurred in its formation, organization, administration and operation.

(7) May apply for and accept loans and grants of money from any federal agency, private or other source and expend such monies in accordance with the requirements of such federal agency or other source and give evidences of indebtedness as shall be required by such federal agency or other source, except that no indebtedness of any kind incurred shall constitute an indebtedness of the State or any of its political subdivisions and no indebtedness shall involve or be secured by the faith, credit or taxing power of the State or any of its political subdivisions.

(8) May adopt, alter or repeal bylaws, rules and regulations governing the business transacted and powers exercised, including but not limited to the appointment and functions of committees, the use of its property or facilities, the adoption of safety standards and insurance coverage or proof of financial responsibility, the licensing of or entering into concession and use contracts with persons doing business on such property or facilities and setting fees and providing that licenses or concession and use contracts may be revoked after notice and hearing by it for wilful breach of or failure to comply with regulations.

(9) May do all other things not prohibited ,by law.

Section 51-13-1370. To acquire rights-of-way and property necessary for the construction of structures and approaches, transportation facilities, highways, bridges and other purposes for the development project, the authority may purchase them by negotiation or may condemn them under the procedure provided by law for the exercise of eminent domain by any county, municipality or authority organized under the laws of this State, the Department of Highways and Public Transportation or railroad corporations as the authority may elect. The power of eminent domain shall apply not only to all property of private persons or corporations but property already devoted to public use within the jurisdiction of the authority.

Section 51-13-1380. The authority may exchange any of its property for other property, may purchase property and remove buildings or other structures from its lands needed for reconstruction on other locations upon the payment of just compensation if, in its judgment, it is desirable and within the powers granted to it.

Section 51-13-1390. The board may assign, transfer, lease, convey, grant or donate to the United States or the appropriate agency or department any or all of the property of the authority for any of the general purposes of this article upon such terms as the board may deem advisable. In the event the United States should decide to undertake the acquisition, construction, equipping, maintenance or operation of the property or other facilities thereon, including roads, highways, causeways or bridges and should decide to acquire the lands or facilities by condemnation or otherwise, the board may transfer to the United States or its appropriate agency or department such of the monies belonging to the authority required by the United States to pay the amount of judgments or condemnation, including costs, rendered against it or its appropriate agency to acquire lands and facilities required for the construction and use of the Heritage World Expo.

Section 51-13-1400. As a means of raising funds needed in the acquisition, construction, equipping, maintenance and operation of any facility, building, structure or anything which the authority may acquire, construct, equip, maintain or operate, it may issue bonds, payable both as to principal and interest from the revenues to be derived from admissions to and charges for operation of its properties and facilities. The powers and authority granted to counties, cities, school districts and other political subdivisions of the State to issue revenue bonds are extended to the authority. All revenue bonds issued by the authority shall be in accordance with the provisions of Sections 6-21-10 and 6-21-570 and all conditions, restrictions and limitations imposed shall be observed by the authority in the issuance of the bonds, except a pledge of the net revenues derived from the operation of its properties and facilities, rather than its gross revenues, may be made.

Section 51-13-1410. All funds of the authority shall be deposited in banks to be designated by the State Treasurer. Funds of the authority shall be paid out only upon warrants signed by its president and countersigned by the chairman or acting chairman. No warrants shall be drawn or issued disbursing any of its funds except as authorized by this article and only when the account or expenditure has been audited and approved by it. The authority may accept contributions of money or property from all persons for the construction, equipping and operation of its facilities and improvements in the areas within its jurisdiction and may receive state, federal or other grants or appropriations as may be made to it.

Section 51-13-1420. At least once in each year the authority shall submit to the Governor and General Assembly a complete detailed statement of all monies received and disbursed by it during the preceding year. Such statement shall also show sources from which such funds were received and the balance on hand at the time of publishing and shall show the complete financial condition of the authority.

Section 51-13-1430. The property of the authority shall not be subject to any taxes or assessments.

Section 51-13-1440. If any person using or going upon the property or facilities of Heritage World Expo shall be guilty of a violation of the regulations of the authority, such person shall, upon conviction for each offense, be fined not less than twenty-five nor more than two hundred dollars."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.