Current Status Bill Number:445 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970227 Primary Sponsor:Ryberg All Sponsors:Ryberg and Giese Drafted Document Number:res1300.wgr Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Commerce Department to administer Jobs-Economic Development Authority, Businesses and Corporations
Body Date Action Description Com Leg Involved
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Senate 19970227 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 1-30-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SHALL BE ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 13-1-10 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO TRANSFER TO THE DEPARTMENT THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO ABOLISH THE AUTHORITY'S BOARD OF DIRECTORS; TO AMEND SECTION 13-1-1710 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE SOUTH CAROLINA JOBS-ECONOMIC AUTHORITY AS DESIGNATED BY THE SECRETARY OF COMMERCE SHALL BE A MEMBER OF THE COUNCIL RATHER THAN THE CHAIRMAN OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND SECTION 41-43-30 OF THE 1976 CODE, RELATING TO THE GOVERNANCE OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE GOVERNED BY THE SECRETARY OF COMMERCE RATHER THAN A BOARD OF DIRECTORS; TO AMEND SECTION 41-43-50 OF THE 1976 CODE, RELATING TO THE ORGANIZATION OF THE AUTHORITY'S BOARD OF DIRECTORS, AND SECTION 41-43-90 OF THE 1976 CODE, RELATING TO POWERS OF THE AUTHORITY, SO AS TO DELETE PROVISIONS RELATING TO THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-210 OF THE 1976 CODE, RELATING TO THE USE OF FUNDS BY THE AUTHORITY FOR ADMINISTRATIVE PURPOSES, SO AS TO PROVIDE FOR ESTABLISHMENT OF POLICIES BY THE SECRETARY OF COMMERCE RATHER THAN THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-240 OF THE 1976 CODE, RELATING TO THE CREATION OF NONPROFIT CORPORATIONS BY THE AUTHORITY, SO AS TO PROVIDE THAT THE BOARD OF A NONPROFIT CORPORATION CREATED BY THE AUTHORITY MUST BE APPOINTED BY THE SECRETARY OF COMMERCE RATHER THAN ELECTED BY THE AUTHORITY'S BOARD OF DIRECTORS; AND TO REPEAL SECTIONS 41-43-40 AND 41-43-60 OF THE 1976 CODE RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS AND MEETINGS OF THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-25 of the 1976 Code is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, except for the Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq;
(F) South Carolina Jobs-Economic Development Authority, provided for at Section 41-43-10, et seq."
SECTION 2. Section 13-1-10 of the 1976 Code is amended to read:
"Section 13-1-10. (A) The Department of Commerce is established as an administrative agency of state government which is comprised of a Division of State Development, a Division of Savannah Valley Development, a Division of Aeronautics, a Division of Public Railways, and an Advisory Coordinating Council for Economic Development. Each division of the Department of Commerce shall have such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law to the State Development Board, the Savannah Valley Authority, the South Carolina Aeronautics Commission, the South Carolina Public Railways Commission, and the Coordinating Council for Economic Development, its officers or agencies, are hereby transferred to the Department of Commerce together with all records, property, personnel, and unexpended appropriations. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.
(C) Notwithstanding any other provision of law, all functions, powers, and duties provided by law to the South Carolina Jobs-Economic Development Authority are hereby transferred to the Department of Commerce together with all records, property, personnel, and unexpended appropriations. The Board of Directors of the South Carolina Jobs-Economic Development Authority is hereby abolished and governance over the authority must be assumed by the Secretary of Commerce. 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 3. Section 13-1-1710 of the 1976 Code is amended to read:
"Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority a representative of the South Carolina Jobs-Economic Development Authority as designated by the Secretary of Commerce, the Chairman of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council. The Secretary of Commerce shall serve as the chairman of the advisory coordinating council."
SECTION 4. Section 41-43-30 of the 1976 Code is amended to read:
"Section 41-43-30. There is created the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State, with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of nine members the Secretary of Commerce."
SECTION 5. Section 41-43-50 of the 1976 Code is amended to read:
"Section 41-43-50. As soon as practicable after appointment, the board shall organize by choosing a vice-chairman, secretary, and such other officers as considered necessary.
The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this act, shall 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, must vest in the State.
The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds."
SECTION 6. Section 41-43-90(A) of the 1976 Code is amended to read:
"(A) Adopt bylaws, procedures, and regulations for the directors, officers, and employees and for the implementation and operation of the programs authorized by this act."
SECTION 7. Section 41-43-210 of the 1976 Code is amended to read:
"Section 41-43-210. All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of the authority Secretary of Commerce. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority Secretary of Commerce. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose
authorized by this chapter."
SECTION 8. The second paragraph of Section 41-43-240 of the 1976 Code is amended to read:
"The authority may make grants or loans to, or make guarantees for, the benefit of any 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 appointed by the Secretary of Commerce 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 the State of South Carolina."
SECTION 9. Sections 41-43-40 and 41-43-60 of the 1976 Code are repealed.
SECTION 10. This act takes effect July 1, 1997.