Current Status Introducing Body:
HouseBill Number: 4700Primary Sponsor: HoltType of Legislation: GBSubject: Charleston County Parks and Recreation CommissionResiding Body: SenateComputer Document Number: NO5/8340.BDIntroduced Date: Apr 08, 1992Date of Last Amendment: Apr 28, 1992Last History Body: SenateLast History Date: May 12, 1992Last History Type: Read second time, notice of general amendmentsScope of Legislation: StatewideAll Sponsors: Holt J. Bailey Whipper Hallman Barber Fulmer Rama Inabinett D. Martin Gonzales R. YoungType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4700 Senate May 12, 1992 Read second time, notice of general amendments 4700 Senate Apr 30, 1992 Placed on Local and Uncontested Calendar without reference 4700 Senate Apr 30, 1992 Introduced, read first time 4700 House Apr 29, 1992 Read third time, sent to Senate 4700 House Apr 28, 1992 Amended, read second time 4700 House Apr 23, 1992 Debate Adjourned Until Tuesday, April 28, 1992 4700 House Apr 22, 1992 Debate adjourned until Thursday, April 23, 1992 4700 House Apr 15, 1992 Debate adjourned until Wednesday, April 22, 1992 4700 House Apr 09, 1992 Debate adjourned until Wednesday, April 15, 1992 4700 House Apr 08, 1992 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 30, 1992
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.
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.