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H. 4975
STATUS INFORMATION
General Bill
Sponsors: Reps. Edge and Clemmons
Document Path: l:\council\bills\nbd\12385ac06.doc
Introduced in the House on April 6, 2006
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Parks, Recreation and Tourism
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/6/2006 House Introduced and read first time HJ-46
4/6/2006 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-46
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1, TITLE 51 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 51-11-10 AND 51-11-15, BOTH AS AMENDED, SECTION 51-13-2120, SECTION 51-17-50, AS AMENDED, SECTION 51-18-60 AND 51-19-10, AS AMENDED, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND OF THE DIRECTOR OF THE DEPARTMENT, SO AS TO CHANGE THE TITLE OF THE DIRECTOR OF PARKS, RECREATION AND TOURISM TO THE SECRETARY OF TOURISM FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 51 of the 1976 Code is amended to read:
Section 51-1-10. There is hereby created the Department of Parks, Recreation and Tourism which shall be a body corporate. The department shall be headed by a Director the Secretary of Tourism to be appointed by the Governor with the advice and consent of the Senate. The director secretary shall be selected with special reference to his executive ability and experience and shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States. The director secretary is subject to removal by the Governor as provided in Section 1-3-240(B).
Section 51-1-20. The director secretary shall employ such employees as may be necessary to operate the department commensurate with funds available. The employees, including the deputy directors under secretaries, shall serve at the pleasure of the director secretary.
Section 51-1-30. The department shall be composed of the Division of Travel and Tourism which shall advertise, promote and encourage travel and tourist industry for the State; a Division of Parks and Recreation which shall develop and promote state parks and provide recreational programs in such areas; and other divisions which may be provided for by the General Assembly. Each division may be headed by a deputy director under secretary who shall be knowledgeable, either by training or experience, in the requirements of the division he is to direct.
Section 51-1-40. (A) The department may impose a reasonable fee for admission to park and recreational facilities and these fee revenues must be used for park and recreational operations.
(B) The department may impose a fee for the cost of vacation guides, research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee must offset the actual cost of producing or providing these items or services and these offsetting revenues must be retained by the department in a restricted account. The revenues under this subsection in excess of actual cost must be remitted to the general fund of the State.
(C) The department shall retain the revenues of the gift and souvenir shop it operates at the Boyleston House and these revenues must be used for departmental operation.
Section 51-1-50. Notwithstanding any other provision of law to the contrary, information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.
Section 51-1-60. The department may contract, be contracted with, use a common seal, and make and adopt regulations. No regulation may be promulgated affecting hunting and fishing except as provided in Section 51-3-145. The department may accept gifts and acquire by gift, purchase, or otherwise real estate and other property, but no real estate may be purchased or disposed of by the department except on approval of the State Budget and Control Board. The department shall keep accurate records showing in full the receipts and disbursements and the records must be open at any reasonable time to inspection by the public. The department shall submit annually to the General Assembly and the Budget and Control Board reports the board requires. The department shall have the following duties and responsibilities in addition to such other functions as may, from time to time, be assigned by legislative action or by the State Budget and Control Board:
(a) to promote, publicize and advertise the state's tourist attractions;
(b) to promote the general health and welfare of the people of the State by developing and expanding new and existing recreational areas, including the existing State Park System;
(c) to develop a coordinated plan utilizing to best advantage the natural facilities and resources of the State as a tourist attraction, recognizing that the State has within its boundaries mountainous areas and coastal plains, each of unsurpassed beauty, which with the easy accessibility now existing and being provided, has the potential of attracting many visitors in all seasons to take advantage of the natural scenery, the outdoor sports, including hunting, fishing and swimming, together with other recreational activities such as golfing, boating and sightseeing;
(d) to include in its plan the preservation and perpetuation of our state's rich historical heritage by acquiring and owning, recognizing, marking and publicizing areas, sites, buildings and other landmarks and items of national and statewide historical interest and significance to the history of our State. No area, site, building, or other landmark shall be acquired for its historical significance without the approval of the Commission of Archives and History.
(e) to use all available services of the several agencies in the management of timber and game and such agencies when requested by the director secretary shall render such cooperation and assistance as may be necessary; provided, that the State Forestry Commission shall continue the forestry program authorized under the provisions of Section 48-23-270.
(f) to lease or convey portions of lands under its jurisdiction to municipalities and other political subdivisions charged with the responsibility of providing parks and recreation facilities; provided, that all such leases shall contain a clause to the effect that if such property ceases to be used as a recreation or park facility the lease shall be void and in the event of a conveyance the deed shall contain a clause providing that if such property ceases to be used as a recreation or park facility the title to such property shall revert to the department. All plans for the development of such lands shall be subject to the approval of the department and it shall retain the right to inspect such lands at such times as it considers necessary to determine if such lands are being used for parks and recreation.
(g) to borrow from time to time from any source available such sums of money as the department at its discretion deems advisable at interest rates approved by the Budget and Control Board for the purposes of acquisition, construction, development and maintenance of such lands and facilities as the director secretary is empowered to operate and issue evidences of such indebtedness thereof in the form of notes or bonds as may be determined by the director secretary. The department may secure any sums borrowed under the terms hereof by mortgage of any property or facilities owned by it and it may pledge any and all income from any of its properties or facilities. The State is in no manner liable for any debt incurred under the terms hereof but all such obligations shall be met by the department out of moneys coming into its hands from the property and facilities so pledged;
(h) to enter into contracts with the United States Government, its various departments and agencies for the purpose of obtaining funds, property or any other purpose which will assist the department in carrying out the provisions for which it has been created;
(i) to allocate funds made available to the department, other than funds specifically allocated to it by legislative appropriation or bond authorization, for development and improvement of park properties in the state system and historic sites approved by the Director of Secretary of Tourism for the Department of Parks, Recreation and Tourism and the South Carolina Archives and History Commission.
The Department of Parks, Recreation and Tourism shall study and ascertain the state's present park, parkway and outdoor recreational resources and facilities, the need for such resources and facilities, and the extent to which these needs are now being met. A survey shall be included to determine the land suitable and desirable to be acquired as a part of the state park and outdoor recreational system, due consideration being given to the scenic, recreational, archaeological, and other special features attractive to out-of-state visitors and to the people of the State. The results of this survey and study should be reported to the Governor and the General Assembly at the earliest practicable time.
Section 51-1-70. All funds allocated to the various state departments for parks, tourism or recreation shall be transferred by the State Budget and Control Board to the Department of Parks, Recreation and Tourism.
Section 51-1-80. The Department of Parks, Recreation and Tourism is authorized to cooperate and enter into certain contracts with political subdivisions of this State.
Section 51-1-90. All powers, duties, assets, liabilities, and properties of the South Carolina Recreation Commission, as created by Act 1037 of 1966, are transferred to the State Department of Parks, Recreation and Tourism to be incorporated into the Department as a separate division thereof. The recreation division shall be assigned such functions and responsibilities as the Director of Secretary of Tourism for the Department may prescribe including, but not limited to, those formerly exercised by the South Carolina Recreation Commission.
Section 51-1-300. The Division of Community Development is a Division of Parks, Recreation and Tourism. The administration and management of the division is committed to the deputy director under secretary of the division.
Section 51-1-310. The division shall promote economic diversity in all areas of the State by extending to them the full benefits of tourism and recreation development. The division shall coordinate and act as a liaison with regional tourism organizations, local chambers of commerce, development agencies and other federal, state, regional and local agencies and organizations to promote economic and business development, the expansion of tourism, recreation, cultural, retirement, and heritage events. The division shall have such additional duties and responsibilities as may be assigned by the director of the department Secretary of Tourism."
SECTION 2. Section 51-11-10 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 51-11-10. There is hereby created the Recreation Land Trust Fund, hereafter referred to as the trust fund, which shall be kept separate from any other funds of the State. The trust fund shall be under the control of and administered by the Director of Secretary of Tourism for the Department of Parks, Recreation and Tourism for the purposes of acquiring recreational lands, the development of utilities and roads on lands owned or controlled by the department, and for such related professional and technical services, legal fees, court costs or such other costs as may be involved in the acquisition and development of such lands. The State Treasurer shall be the custodian of the fund, and all moneys and securities in the fund shall be held in trust by the State Treasurer."
SECTION 3. Section 51-11-15 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 51-11-15. The Director of Secretary of Tourism for the Department of Parks, Recreation and Tourism may make grants to local governments from the Recreation Land Trust Fund for the acquisition of recreational lands in accordance with guidelines to be promulgated by the department."
SECTION 4. Section 51-13-2120(1) of the 1976 Code, as added by Joint Resolution 159 of 2005, is amended to read:
"(1) the Director of Secretary of Tourism for the Department of Parks, Recreation and Tourism or his designee, ex officio;"
SECTION 5. Section 51-17-50(2)C. of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"C. The Director of Secretary of Tourism for the South Carolina Department of Parks, Recreation and Tourism;"
SECTION 6. Section 51-18-60(2)(b) of the 1976 Code, as added by Part II, Section 52A of Act 387 of 2000, is amended to read:
"(b) the Director of Secretary of Tourism for the South Carolina Department of Parks, Recreation and Tourism; "
SECTION 7. Section 51-19-10 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 51-19-10. The Old Exchange Building Commission is created. It consists of nine members. Three members must be elected by the House of Representatives and Senate in joint assembly; two members must be elected by the Rebecca Motte Chapter of the Daughters of the American Revolution; two members, who must not be residents of Charleston County, must be elected by the South Carolina Society of the Daughters of the American Revolution; and the director of Secretary of Tourism for the Department of Parks, Recreation and Tourism and the chairman of the Department of Archives and History or their respective designees serve ex officio with voting privileges. All elected members shall serve for terms of six years and until their successors are elected and qualify. The Attorney General shall give his aid, advice, and opinion upon questions of law submitted to him by the commission. If one of the seats of the commission becomes vacant, a successor must be elected or appointed in the same manner used to fill the seat. This successor shall serve the remainder of the unexpired term. If one of the three seats on the commission elected by the House of Representatives and Senate becomes vacant during the recess of the General Assembly, the Governor may fill the vacancy by appointment until an election by the House of Representatives and Senate in joint assembly at the next session."
SECTION 8. This act takes effect upon approval by the Governor.
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