H 4700 Session 109 (1991-1992)
H 4700 General Bill, By D.N. Holt, J.J. Bailey, R.A. Barber, R.C. Fulmer,
S.E. Gonzales, H.M. Hallman, Inabinett, D.E. Martin, J. Rama, L.S. Whipper and
R.M. Young
A Bill to require the budget of the Charleston County Parks and Recreation
Commission to be submitted to and approved by the Charleston County Council
annually for the upcoming fiscal year on a date determined by Council.
04/08/92 House Introduced, read first time, placed on calendar
without reference HJ-7
04/09/92 House Debate adjourned until Wednesday, April 15, 1992 HJ-77
04/15/92 House Debate adjourned until Wednesday, April 22, 1992 HJ-29
04/22/92 House Debate adjourned until Thursday, April 23, 1992 HJ-11
04/23/92 House Debate adjourned until Tuesday, April 28, 1992
04/28/92 House Amended HJ-34
04/28/92 House Read second time HJ-37
04/29/92 House Read third time and sent to Senate HJ-250
04/30/92 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-11
05/12/92 Senate Read second time SJ-17
05/12/92 Senate Ordered to third reading with notice of
amendments SJ-17
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 30, 1992
H. 4700
Introduced by REPS. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer,
Rama, Inabinett, D. Martin, Gonzales and R. Young
L. Printed 4/30/92--S.
Read the first time April 30, 1992.
A BILL
TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY
PARKS AND RECREATION COMMISSION TO BE SUBMITTED
TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL
ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE
DETERMINED BY COUNCIL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first two paragraphs of Section 4 of Act 1595 of
1972, as last amended by Act 263 of 1985, is further amended to read:
"The district shall must be governed by a
commission to be known as the Charleston County Park and
Recreation Commission, hereinafter referred to as the commission,
which shall be composed of seven resident electors of the district to
be appointed by the Governor upon the recommendation of the
Charleston County Legislative Delegation Council. In
making such recommendations, efforts shall
must be made to give representation on the commission to all
sections of the district. The terms of office of the members of
the initial commission shall must be
appointed for one year for two members, two years for two
members, three years for one member, and four years for two members,
respectively, and the initial appointees, after organizing shall determine
the duration of their respective terms by lot. of two years
and until their Upon the expiration of the initial terms of
office, successors for all succeeding terms shall hold office for
a term of two years are appointed and qualify.
Should Vacancies in office occur, successors shall
must be appointed filled for the balance of the
unexpired term in the same manner as the members whom
they succeed were appointed of the original appointment.
All commissioners shall hold office for their respective terms and
until their successors are appointed and qualify. Commission
members shall receive per diem and expenses in amounts approved in
the commission's annual budget by Charleston County
Council."
SECTION 2. Section 5 of Act 1595 of 1972, as last amended by Act 263
of 1985, is further amended to read:
"Section 5. The commission shall be empowered as
follows has the following powers and duties:
(1) To sue and be sued;
(2) To adopt and use a corporate seal;
(3) To define a quorum for its meetings;
(4) To make bylaws for the management and regulation
of its affairs;
(5) To acquire, by gift or purchase, lands or interest
thereon whereupon interests in the lands to establish
county parks and other facilities of like nature;
(6) To operate such park facilities;
(7) To expend all moneys which it shall receive subject to the
approval of its budget by the appropriate budgetary authority;
(8) To acquire and operate any apparatus or equipment
useful in the operation of its facilities;
(9)(7) To prescribe rules and regulations
governing the use of the facilities;
(10)(8) To fix rates and charges for the
use of any facilities which might may be
established;
(9) adopt a budget and expend monies it receives subject to
the approval of its budget by Charleston County Council;
(11)(10) To make contracts and to
execute instruments that are necessary or convenient for the
discharge of the functions of the commission;
(12) To make contracts for construction and other services;
(13)(11) To appoint agents,
employees, and servants, to prescribe their duties,
to fix their compensation, and to determine if and to what
extent they shall must be bonded for the faithful
performance of their duties;
(14) The resident Charleston County Legislative Delegation
shall set a tax levy ceiling to meet the necessary costs of:
A.(12) providing provide
advisory and technical assistance to all appropriate groups such as
legally constituted park, recreation, or playground commissions or other
civic community groups,;
B.(13) participating participate
in facility development projects within those areas presently served
by municipalities and legally constituted recreation
agencies districts but limited to joint projects with
the municipalities or districts, or to land acquisition and facility
construction where federal or state funds are used and further limited
to participation at one-fourth of the total cost of the project, and
operation;
C.(14) providing provide,
maintaining maintain, operate, and
supervising supervise public park and tourist attractions
to include including, but not be limited to:
(1)(a) golf courses;
(2)(b) fishing facilities;
(3)(c) historical preservation
projects;
(4)(d) marinas and boat landings;
(5)(e) county parks;
(6)(f) public beaches;
(15) To recommend to the Charleston County
Legislative Delegation Council the creation of
additional playground or recreation service areas special tax
districts for parks and recreation in those areas of the district
Charleston County not currently served by a public recreation
or playground agency and to further recommend the
jurisdictional boundaries of such service areas the special tax
districts;
(16) To serve in an advisory capacity to such newly
formed service areas in an appropriate matter as determined by
legislation creating such service areas special tax districts if
requested by Charleston County Council;
(17) In addition, to recommend to the Charleston
County Legislative Delegation Council a levy to be
placed upon all taxable property in the district under the jurisdiction
of the new playground commissions, as in (15) above, such millage to
be levied shall meet the cost of operating and maintaining parks,
playgrounds and recreation to fund the operations and
programs of the commission.
The initial millage as described above shall be levied only after
a referendum is held in such districts and with a majority of those voting
in the referendum voting in favor of such millage. Provided, that any
increase in such millage shall not require a referendum but shall be
recommended to the Charleston County Legislative Delegation and
approved by the appropriate budgetary authority.
All such taxes as described above shall be levied by the
county auditor and collected by the county treasurer who shall keep it in
a separate fund applicable solely to the purpose for which it is levied;
(18) To submit to the Charleston County
Legislative Delegation (or the appropriate budgetary authority)
Council a capital improvements program in coordination and
conjunction with the county's municipalities and existing and
newly created playground commissions or service areas
special tax districts;
(19) To review and make appropriate recommendations to the
Charleston County Legislative Delegation (or appropriate budgetary
authority) any proposed expenditure by existing or newly created
commissions relating to addition, expansion, or major alteration of
playground, park, or recreation facilities;
(20)(19) To accept and expend federal
or, state funds, or other funds for
purposes for which the commission is empowered to
may act and for purposes consistent with the intent of
this act;
(21) To prepare a budget in June or each year for the ensuing
year, which budget must be submitted to and approved by the
appropriate budgetary authority;
(22)(20) To issue revenue bonds for certain
revenue producing facilities to include including, but
not be limited to, golf courses, and marinas, etc.
subject to the approval of Charleston County Council;
(23)(21) To work with the Charleston
County Board of Education and local constituent groups to promote and
encourage the joint acquisition, use, and development
and acquisition of school properties;
(24)(22) To appoint advisory committees
as deemed considered appropriate on a countywide
basis to work with the commission on an advisory basis."
SECTION 3. Section 8 of Act 1595 of 1972, as last amended by Act
263 of 1985, is further amended to read:
"Section 8. The commission shall conduct its affairs on the
fiscal year basis employed by Charleston County. The budget of the
commission must be submitted to and approved by Charleston County
Council annually for the upcoming fiscal year on a date determined by
council. Upon approval of the commission's budget by Charleston
County Council, taxes must be levied by the county auditor and
collected upon all taxable property in the district by the county treasurer
who shall keep them in a separate fund applicable solely to the purpose
for which levied. As shortly after the close of its fiscal year as
may be practicable, an audit of its affairs shall
must be made by a certified public accountant of good
standing, to be designated by the commission. Copies of
such the audit, incorporated into an annual report of the
commission, shall must be filed with the
Charleston County Legislative Delegation Council
and in the office of the register of mesne conveyances for the
county."
SECTION 4. Nothing in this act affects financial obligations
including, but not limited to, general obligation debt incurred by the
Charleston County Park and Recreation Commission before the effective
date of this act. These obligations must be met under the terms and
conditions applicable at the time the obligations were incurred.
SECTION 5. The members of the Charleston County Park and
Recreation Commission serving on the effective date of this act pursuant
to Act 1595 of 1972, amended by Act 263 of 1985, serve until their
terms expire. As terms expire or vacancies occur, the positions must be
filled in accordance with this act.
SECTION 6. This act takes effect upon approval by the Governor.
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