S*0972(Rat #0294, Act #0273 of 1998)  General Bill, By Bryan, Courtney, Lander, 
Reese and Russell
 A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
 ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND
 PROVIDE FOR ITS POWERS AND DUTIES.

   01/29/98  Senate Introduced, read first time, placed on calendar
                     without reference SJ-7
   02/03/98  Senate Read second time SJ-11
   02/04/98  Senate Read third time and sent to House SJ-23
   02/05/98  House  Introduced and read first time HJ-6
   02/05/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-6
   02/25/98  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-7
   02/26/98  House  Amended HJ-17
   02/26/98  House  Read second time HJ-18
   02/26/98  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   02/27/98  House  Read third time and returned to Senate with
                     amendments HJ-1
   03/04/98  Senate Concurred in House amendment and enrolled SJ-8
   04/01/98         Ratified R 294
   04/07/98         Signed By Governor
   04/07/98         Effective date 04/07/98
   04/21/98         Copies available
   04/24/98         Act No. 273

AN ACT TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.

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

Commission established

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

Article 23

Section 51-13-2000. (A) The Enoree River Greenway Commission (commission) is created to serve the following purposes in the South Carolina Piedmont:

(1) promote the use and appreciation of the Enoree River and associated natural resources;

(2) promote the development of historical resources;

(3) promote outdoor recreation and enjoyment;

(4) promote tourism, focusing on the natural and cultural resources; and

(5) foster the conservation and wise use of natural resources.

(B) The commission may exercise the following powers within Laurens, Newberry, Union, and Spartanburg counties to achieve its purposes:

(1) coordinate the activities of volunteers, organizations, and business and government agencies;

(2) accept funds from business, private individuals, and government agencies and to open such accounts with financial institutions to administer these funds;

(3) enter into contracts with individuals, and business or government agencies;

(4) select a location of a commission office within its service area;

(5) hire and dismiss employees to the extent it has funds available;

(6) operate such activities as necessary to successfully promote and develop natural and historic resources in its area of interest; and

(7) undertake other activities normally granted nonprofit organizations toward achieving its purpose.

Section 51-13-2010. (A) The management of the commission is vested in the Board of Directors (board). The directors shall be indemnified by the commission in all civil actions for actions taken within the scope of their authority toward achieving the purposes of this article.

The fifteen members shall serve three-year terms and must be appointed in the following manner:

(1) one director appointed by each of the respective county councils in Laurens, Newberry, Union, and Spartanburg;

(2) one director appointed by the U.S. Forest Service;

(3) one director appointed by the S.C. Department of Parks, Recreation and Tourism;

(4) one director appointed by the South Carolina Department of Natural Resources; and

(5) two directors appointed by each of the respective Laurens, Newberry, Union, and Spartanburg county legislative delegations.

The board may appoint individuals as nonvoting ex officio members by a majority vote.

(B) Vacancies shall be filled in the same manner as original appointment for the remaining portion of the unexpired term. Upon expiration of a term, a director may continue to serve until a successor is appointed and qualified.

(C) Directors shall not be compensated for service, but may receive, at the discretion of the board, reasonable reimbursement for services rendered in performance of the commission's purposes.

Section 51-13-2020. (A) Regular meetings of the board shall be held at least bi-annually at places within the service area.

(B) At all meetings of the board, a quorum of the board for the transaction of business shall consist of a majority of the membership of the board. If any member misses three consecutive meetings, then that seat is deemed to be vacant and the vacancy shall be filled in the manner provided by this article.

(C) Meetings of the board shall be presided over by the chairman, the vice chairman, or in their absence by an interim chairman chosen at the meeting. The secretary/treasurer, or other designated director in the case of an absence, shall act as secretary of a meeting. Conduct of a meeting shall be governed by Roberts Rules of Order, revised latest edition.

(D) The board shall choose a chairman, vice chairman, and secretary/treasurer at any regular meeting. The officers shall serve one-year terms and shall hold office until a successor is elected. Officers shall have the following powers:

(1) The chairman shall have such powers and duties in the management of the commission as may be prescribed by the board of directors.

(2) The vice chairman shall work and cooperate with the chairman, in the exercise of the powers and duties of the chairman as the chairman may request, and shall act in place of and for the chairman in the event of an absence.

(3) The secretary/treasurer shall maintain a record of the meetings and other proceedings of the commission. The secretary/treasurer shall have the custody of all funds of the commission and shall deposit the same in the name of the commission in such bank or financial institutions as the directors may choose. The secretary/treasurer shall keep current records and financial accounts open to any director and shall give financial reports as the board may require.

(4) The acceptance or transfer of land or interests in land, or the execution of papers, including deeds, mortgages, leases, contracts, bonds, notes, and powers of attorney or other obligations related to land or interests in land, shall require approval of an absolute majority of the board (eight or more directors).

Section 51-13-2030. The fiscal year of the commission is July 1 to June 30. The board may establish such accounts with banks, trust companies, and other financial institutions as it deems appropriate. Disbursements shall be made only in accordance with a specific authorization by the board or within a general budget approved by the board. There shall be an annual audit of accounts by an independent public accountant.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 7th day of April, 1998.