Bill 2758

                    Current Status

Bill Number:               2758
Ratification Number:       174
Act Number:                263
Introducing Body:          House
Subject:                        Establishment of the Charleston
                           County Park, Recreation, and Tourist
                           District

(A263, R174, H2758)

AN ACT TO AMEND ACT 1595 OF 1972, RELATING TO THE ESTABLISHMENT OF THE CHARLESTON COUNTY PARK, RECREATION, AND TOURIST DISTRICT, SO AS TO DELETE THE AUTHORITY OF THE DISTRICT TO PERFORM TOURISM RELATED FUNCTIONS, TO REPLACE THE CHARLESTON COUNTY COUNCIL AND THE MAYOR OF CHARLESTON WITH THE CHARLESTON COUNTY LEGISLATIVE DELEGATION AS THE AUTHORITY WHO APPOINTS THE MEMBERS OF THE COMMISSION, TO REDUCE THE TERMS OF OFFICE OF MEMBERS OF THE COMMISSION FROM FOUR TO TWO YEARS; TO PROVIDE THAT THE RESIDENT CHARLESTON COUNTY LEGISLATIVE DELEGATION SET THE LEVY FOR THE DISTRICT INSTEAD OF THE COUNTY LEGISLATIVE DELEGATION; AND TO REQUIRE THE COMMISSION TO FILE A COPY OF ITS ANNUAL AUDIT WITH THE LEGISLATIVE DELEGATION INSTEAD OF COUNTY COUNCIL.

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

District created

SECTION 1. Section 1 of Act 1595 of 1972 is amended to read:

"Section 1. There is hereby created and established in Charleston County a district to be known as the Charleston County Park and Recreation District, hereinafter referred to as the District, with such duties, powers, and authority as provided by this act, and including such territory and boundaries as hereinafter designated."

Composition of commission

SECTION 2. The first two paragraphs of Section 4 of Act 1595 of 1972 are amended to read:

"The District shall 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. In making such recommendations, efforts shall 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 be 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.

Upon the expiration of the initial terms of office, successors for all succeeding terms shall hold office for a term of two years. Should vacancies in office occur, successors shall be appointed for the balance of the unexpired term in the same manner as the members whom they succeed were appointed. All commissioners shall hold office for their respective terms and until their successors are appointed and qualify."

Powers

SECTION 3. Items (5) and (6) of Section 5 of Act 1595 of 1972 are amended to read:

"(5) To acquire, by gift or purchase, lands or interest thereon whereupon to establish county parks and other facilities of like nature;

(6) To operate such park facilities;"

Tax levy ceiling

SECTION 4. Item (14) of Section 5 of Act 1595 of 1972 is amended to read:

"(14) The resident Charleston County Legislative Delegation shall set a tax levy ceiling to meet the necessary costs of:

A. Providing advisory and technical assistance to all appropriate groups such as legally constituted park, recreation, or playground commissions or other civic community groups,

B. Participating in facility development projects within those areas presently served by legally constituted recreation agencies but limited 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,

C. Providing, maintaining, and supervising park and tourist attractions to include, but not be limited to:

(1) Golf courses

(2) Fishing facilities

(3) Historical preservation

(4) Marinas and boat landings

(5) County parks

(6) Public beaches;"

Powers and duties

SECTION 5. Section 6 of Act 1595 of 1972 is amended to read:

"Section 6. The Commission shall exercise its powers and perform its duties as a supplement to existing park and recreation districts in the county and will in no way supplant or replace existing commissions, facilities, or programs, and create and operate countywide parks and recreational facilities which can only be done by a county commission.

The Commission shall cooperate and coordinate with all presently existing recreational commissions in Charleston County, and is hereby authorized to engage in joint ventures with such commissions in the furtherance of the purposes of this act."

Fiscal year basis

SECTION 6. Section 8 of Act 1595 of 1972 is amended to read:

"Section 8. The Commission shall conduct its affairs on the fiscal year basis employed by Charleston County. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs shall be made by a certified public accountant of good standing, to be designated by the Commission. Copies of such audit, incorporated into an annual report of the Commission, shall be filed with the Charleston County Legislative Delegation and in the office of the register of mesne conveyances for the county."

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.