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INTRODUCED
June 2, 1999
H. 4196
Introduced by Reps. Witherspoon, Barfield, Edge, Keegan, Kelley and Miller
L. Printed 6/2/99--S.
Read the first time June 2, 1999.
TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1 of Act 612 of 1980 is amended to read:
"Section 1. (A) Effective July 1, 1980, and notwithstanding the provisions of the section designated 21-3053 in the 1962 Code, the The annual compensation for members of the Horry County Board of Education shall be is eighteen fifty-four hundred dollars and for the chairman of the board, twenty-four hundred seven thousand five hundred and sixty dollars.
(B) The salary increase provided for in subsection (A) takes effect for all members of the board and the chairman when the members of the board elected at the General Election of 1998 take office."
SECTION 2. (A)(1) Each municipality in Horry County bordering on the Atlantic Ocean is authorized to provide lifeguard and other safety related services on and along the public beaches within its corporate limits. A coastal municipality may enact and enforce regulations it determines necessary for the safety of all persons on the beach.
(2) The governing body of Horry County is authorized to provide lifeguards and other safety related services in and along public beaches in the unincorporated area of the county. The governing body may enact and enforce regulations it determines necessary for all persons on the beach.
(B) Lifeguard services may be provided using municipal or county employees or by service agreement with a private beach safety company.
If the municipality or county elects to provide the services by an agreement with a private beach safety company, the following conditions apply:
(1) the municipality or county shall follow the procedures of the State Procurement Code, as found in Chapter 35 of Title 11 of the 1976 Code, or the procedures of the municipal or county procurement code, in the awarding of contracts with private beach safety companies;
(2) the agreement between the municipality or county and private beach safety company may last no longer than seven years;
(3) the municipality or county may grant the exclusive right to the beach safety company to rent only beach equipment and to sell only the items to the public on the beach that are allowed by the municipality or county on the effective date of this section; provided, however, that on and after the effective date of this section there shall be no granting of the right to rent any additional tangible items, or to sell any beverages to the public on the beach, or otherwise, unless and until additional personnel are hired for the additional rentals and additional activities sufficient in number so that employees already employed on the effective date of this section will not be unduly burdened. as determined by the appropriate municipal or county governing body.
(4) lifeguard personnel employed by the private beach safety company must be tested and certified as required by the municipality or county; and
(5) the conduct of the limited commercial activities granted to the private beach safety company shall not prevent or interfere in a substantial way with the peaceful, recreational use of the public beach by the general public.
(C) Nothing in this section enlarges, restricts, or infringes upon the existing rights of the owners of private property adjacent to the public beaches.
(D) In addition to all other powers authorized a municipality or county by law, the governing body or coastal municipality in Horry County may grant franchises and make charges for the use of public beaches in the municipality and similar authority is extended to the governing body of Horry County for beaches in the unincorporated area of the county. The authority to grant franchises pursuant to this subsection is subject to the same limitations, to provide for the orderly control of services and utilities affected with the public interest; provided, however, that the provisions of this subsection shall not apply to persons or businesses acting in the capacity of telephone, telegraph, gas and electric utilities, or suppliers, nor shall it apply to utilities owned and operated by a municipality; provided, further, that the provisions of this subsection shall apply to the authority to grant franchises and contracts for the use of public beaches;
(E) Notwithstanding any other provision of this act or any other provision of law, the provisions of this act shall not affect, alter, or abrogate contracts existing and in effect on the effective date of this act.
(F) A public vote by the municipal or county council must be held and approved by a two-thirds vote of the governing body before the additional items may be rented or beverages may be sold.
SECTION 3. This act takes effect July 1, 1999.
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