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:

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.