S 57 Session 109 (1991-1992)
S 0057 General Bill, By M.T. Rose
A Bill to amend Chapter 11, Title 6, Code of Laws of South Carolina, 1976, by
adding Article 12 relating to the creation of community recreation districts,
so as to allow electors of a county without a recreation district to create a
recreation district, to authorize the maximum tax millage for the operation of
the district, and to provide for the creation of a commission with certain
powers and duties.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-40
01/08/91 Senate Referred to Committee on Judiciary SJ-40
A BILL
TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 12 RELATING TO THE
CREATION OF COMMUNITY RECREATION DISTRICTS, SO AS
TO ALLOW ELECTORS OF A COUNTY WITHOUT A
RECREATION DISTRICT TO CREATE A RECREATION
DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR
THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR
THE CREATION OF A COMMISSION WITH CERTAIN POWERS
AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 6 of the 1976 Code is amended by
adding:
"Article 12
Community Recreation Districts
Section 6-11-1700. The electors of a county which does not have a
recreation district shall, upon obtaining a petition requesting the creation
of a community recreation district signed by ten percent of the electors
in the proposed area, have a referendum to determine whether a majority
of the electors in the proposed area voting in the election favor the
creation of the recreation district. The local election commission shall
hold the referendum at the same time as the general election.
The referendum shall include the general nature of the services to be
rendered by the
district, the maximum level of taxes authorized and the duties and
powers of the commission appointed to operate the recreation district.
Section 6-11-1710. The Recreation Commission may request an
increase in the maximum level of taxes initially authorized. An increase
above the maximum millage authorized to meet the cost of operating and
maintaining parks, playgrounds and recreation programs requires a
referendum with a majority of those voting in the referendum voting in
favor of such a millage increase.
All such taxes described in this article shall be levied by the county
auditor and collected and kept in a separate fund by the county treasurer for the operation of the recreation district.
Section 6-11-1720. As it pertains to this article, a petition requesting
a referendum must be submitted to the county election commission for
certification not later than twelve o'clock noon on June first or if June
first falls on Sunday, not later than twelve o'clock noon on the following
Monday. The certification process must be completed within thirty
days.
If the petition fails because of invalid signatures, one or more new
petitions may be submitted with any number of additional signatures.
Signatures on any combination of petitions submitted in accordance with
this article may be added to obtain the percent of electors required for a
referendum by Section 6-11-1700. These additional petitions must be
submitted by August first or if August first falls on a Sunday, not later
than twelve o'clock noon on the following Monday.
The time for submitting the referendum to the election commission
for submission as a referendum to the electors shall be governed by
Section 7-13-355.
Section 6-11-1730. A district created by Section 6-11-1700 shall be
governed by a seven member commission appointed by the Governor
upon recommendation of a majority of the county legislative delegation.
Terms of office shall be for four years except that two members on the
initially appointed commission shall be appointed for two years only.
All members of the commission must be residents of the district.
Vacancies shall be filled in the manner of original appointment for the
unexpired term. The commission shall organize by electing one of its
members as chairman, a second as vice chairman and a third as
secretary. The officers of the commission shall hold office for two years
and until their successors are appointed. No member of the commission
shall receive any compensation for his services as a member of the
commission.
Section 6-11-1740. The commission shall be a body politic and shall
be empowered as follows:
(1) to sue and be sued;
(2) to adopt and use and alter 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, purchase, lease or
through the exercise of eminent domain,
lands or interest thereon whereupon to
establish general recreational
facilities;
(6) to spend all monies which it shall
receive and which may be set apart to
the commission for its functions;
(7) to acquire and operate any apparatus or
equipment useful in the operations of
its facilities;
(8) to prescribe rules and regulations
governing the use of the facilities;
(9) to fix rates and charges for the use of
any of its facilities;
(10) to make contracts and to execute
instruments that are necessary or
convenient for the discharge of the
functions of the commission;
(11) to make contracts for construction
and other services;
(12) to appoint agents, employees, and
servants, to prescribe their duties, to
fix their compensation, to determine if
and to what extent they shall be bonded;
and
(13) to apply for and accept public
assistance and funds from state and federal loans and
grants.
Section 6-11-1750. All property of the commission, whether real or
personal, shall be exempt from all taxation by the State or any of its
political subdivisions."
SECTION 2. This act takes effect upon approval by the Governor.
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