The director shall have the following powers and duties in regard to the Division of Public Railways:
(1) the power of a body corporate, including the power to sue and be sued, to make contracts and to adopt and use a common seal and alter it as may be deemed expedient;
(2) to acquire by purchase or donation and to own, rent, lease, mortgage, and dispose of such property, real or personal, as he may deem proper to carry out the purposes and provisions of this article, all or any of them;
(3) to operate, maintain, and control the tracks and equipment transferred to the division by the South Carolina State Ports Authority, or any other person, and be governed by rules and regulations of the Interstate Commerce Commission by virtue of the Class 2 Certificate issued to the Ports Commission and the Port Terminal Railroad of South Carolina;
(4) to acquire, construct, maintain, equip and operate connecting, switching, terminal or other railroads. The term "railroad" as used in this article shall include, but not be limited to, tracks, spurs, switches, terminal, terminal facilities, road beds, rights-of-way, bridges, stations, railroad cars, locomotives, or other vehicles constructed for operation over railroad tracks, crossing signs, lights, signals, storage, administration and repair buildings, and all structures and equipment which are necessary for the operation of the railroad;
(5) to exercise the power of eminent domain by and in the name of the division. The division also may acquire the rights-of-way of abandoned railroads or railroads proposed for abandonment by gift or purchase;
(6) to employ and dismiss at pleasure the employees of the division and to fix and to pay the compensation thereof;
(7) to issue revenue bonds, including notes, bonds, refunding bonds and other obligations authorized to be issued by this article, to defray the cost of acquisition, by purchase, construction or condemnation, of connecting, switching, terminal or other railroads, and necessary equipment, payable both as to principal and interest from the revenues to be derived from the operation of such railroads; provided, that all revenue bonds issued by the division shall be issued in accordance with the provisions of Sections 13-1-1350 through 13-1-1460.
(8) to do all things necessary and required to accomplish the purposes of this article.
HISTORY: 1993 Act No. 181, Section 247, eff July 1, 1993.
CROSS REFERENCES
Nothing in this section modifies, abridges or repeals Sections 58-27-650, 58-27-670, 58-27-680, 58-27-1280, or 58-27-1360, see Section 58-27-690.
Structure South Carolina Code of Laws
Title 13 - Planning, Research and Development
Chapter 1 - General Provisions
Section 13-1-10. Department of Commerce established.
Section 13-1-20. Purposes of department.
Section 13-1-40. Advisory councils.
Section 13-1-50. Annual audit of department.
Section 13-1-60. Severability.
Section 13-1-310. Definitions.
Section 13-1-320. Objectives of division.
Section 13-1-330. Division made up of bureaus.
Section 13-1-340. Director of division; duties, powers and responsibilities.
Section 13-1-350. Director to assume duties of certain former boards, commissions, and councils.
Section 13-1-360. Confidentiality of information.
Section 13-1-370. Advisory committee of the Division of State Development.
Section 13-1-380. Recycling Market Development Advisory Council.
Section 13-1-610. Definitions.
Section 13-1-620. Rights and powers of director.
Section 13-1-630. Area of director's powers.
Section 13-1-640. Issuance of revenue bonds to fund projects.
Section 13-1-660. Specifics of revenue bonds and their issuance.
Section 13-1-670. Principal and interest on bonds exempt from taxation.
Section 13-1-690. Signature on bonds.
Section 13-1-700. Manner of sale of bonds.
Section 13-1-710. Report to State Treasurer following issuance of bonds.
Section 13-1-720. Enforceability of orders, covenants, and agreements related to bonds.
Section 13-1-730. Bonds to constitute limited obligations of division; payment on bonds.
Section 13-1-740. Investment of funds.
Section 13-1-750. Carryover of funds to subsequent fiscal years.
Section 13-1-780. Promulgation of regulations.
Section 13-1-790. Establishment of corporations by director.
Section 13-1-800. Payment in lieu of property taxes on property of division.
Section 13-1-810. Division's status as "agency".
Section 13-1-1000. Definitions.
Section 13-1-1010. Commission created; purpose; purchase and sale of aeronautics assets.
Section 13-1-1020. Commission districts; election and appointment of members.
Section 13-1-1060. Oath of office.
Section 13-1-1080. Appointment of executive director.
Section 13-1-1090. Qualifications for commission chairman and members.
Section 13-1-1110. Organization and objectives of division.
Section 13-1-1310. Division of Public Railways created.
Section 13-1-1320. Definitions.
Section 13-1-1330. Powers and duties of director of division.
Section 13-1-1340. Transfer of certain common carrier switching operations to division.
Section 13-1-1350. Power of director to extend division's operations.
Section 13-1-1355. Transfer of certain railroad equipment.
Section 13-1-1360. Bonds of division to be limited obligations.
Section 13-1-1370. Bonds to be secured by pledge of division revenues.
Section 13-1-1380. Contract terms for construction and equipment.
Section 13-1-1400. Power of director over disbursement of bond proceeds.
Section 13-1-1410. Books of additional acquisitions to be kept separately.
Section 13-1-1420. Application of proceeds from sale of bonds.
Section 13-1-1430. Refunding of bonds.
Section 13-1-1440. Bonds to be lawful investments.
Section 13-1-1450. Bonds, revenue, and property of division to be tax exempt.
Section 13-1-1470. Director not subject to other limitations.
Section 13-1-1710. Coordinating Council for Economic Development.
Section 13-1-1720. Purpose and duties of council.
Section 13-1-1740. Recommendations by council; review of agency requests for appropriations.
Section 13-1-1750. Funding; technical advisory committees; data sources.
Section 13-1-1760. Council not to infringe on autonomy of other agencies.
Section 13-1-1780. Agricultural businesses considered for economic development awards.
Section 13-1-1810. Transfer of powers relating to regional education centers.
Section 13-1-1820. Department to provide oversight to regional education centers.
Section 13-1-2030. Coordinating Council for Workforce Development created; membership; duties.