CHAPTER 13 - REGIONAL DISTRICTS, COMMISSIONS AND AUTHORITIES
Title 51 - Parks, Recreation and Tourism
CHAPTER 13.
REGIONAL DISTRICTS, COMMISSIONS AND AUTHORITIES
ARTICLE 1.
RICHLAND-LEXINGTON RIVERBANKS PARKS DISTRICT
SECTION 51-13-10. Riverbanks Parks Commission established; purpose.
There is hereby created and established the Riverbanks Parks Commission for the purpose of providing an agency through which recreational facilities may be provided for the citizens of the State through the joint participation of any other commissions, counties, municipalities, public or private agencies of the State or of the United States, with such duties, functions, powers and authority as herein provided.
SECTION 51-13-20. Appointment and terms of Commission members.
The Commission shall consist of seven members. Two members shall be appointed by the County Council of Richland County for terms of three and four years; two members shall be appointed by the Lexington County Council for terms of two and five years; two members shall be appointed by the Mayor and City Council of Columbia for terms of one and six years; one member shall be appointed for an initial term of one year by the Lexington County Council, the Richland County Council and the Mayor and City Council of Columbia. Thereafter, all appointments shall be for a term of six years and until their successors are appointed and qualify.
SECTION 51-13-30. Powers of Commission.
The Commission shall have the authority to plan, establish, equip, staff, operate, regulate and protect public recreation and zoo facilities within the territory in the counties of Richland and Lexington contiguous to the Saluda River and the Congaree River from Highway I-26 on the north to the Granby Locks on the south; to contract, sue and be sued in its own name; to make bylaws for the management and regulations of its affairs; to acquire real and personal property by gift, deed, easement, lease or otherwise; to mortgage, pledge, license or lease its real and personal property; to receive funds by loan, grant, donation and appropriations and to make application therefor; to establish and collect reasonable charges for the use, lease or license of its facilities.
SECTION 51-13-40. Exemption of Commission property from taxation.
All property owned by the Riverbanks Parks Commission shall be exempt from all county and municipal taxes so long as it is used by the Commission for public purposes.
SECTION 51-13-50. Territory constituted special-purpose district and political subdivision of State; corporate name.
The territory embraced by the counties of Richland and Lexington is hereby constituted a special-purpose district and a political subdivision of this State, the functions of which shall be public and governmental, and the inhabitants of the territory are hereby constituted a body politic and corporate. The corporate name of the special-purpose district shall be Richland-Lexington Riverbanks Parks District (the district), and the special-purpose district may sue and be sued in that name.
SECTION 51-13-60. Corporate powers and duties shall be exercised by Commission.
The corporate powers and duties of the Richland-Lexington Riverbanks Parks District shall be exercised and performed by the Commission known as Riverbanks Parks Commission, previously created by Sections 51-13-10 to 51-13-40, and the Commission as thereby created and now existing is hereby ratified and confirmed and the members thereof shall continue to be appointed in the manner provided by Sections 51-13-10 to 51-13-40.
SECTION 51-13-70. Officers of Commission.
The Commission shall appoint one of its members as chairman, one as vice-chairman, and one of its members, or any other competent person, as secretary of the Commission. The chairman of the Commission shall serve for a term of two years and until his successor is appointed and qualifies. The vice-chairman shall also serve for a term of two years and until his successor is appointed and qualifies.
SECTION 51-13-80. Rules and regulations of Commission; employment of police; jurisdiction of offenses; penalties; disposition of fines and forfeitures.
The Riverbanks Parks Commission is authorized to adopt and promulgate rules and regulations governing the use of roads, streets, parking facilities and all other facilities upon the lands of the Riverbanks Parks Commission. Such rules and regulations shall not be in conflict with any State law and all State laws are hereby declared to be applicable to the roads, streets and parking facilities under the control of the Commission. The rules and regulations authorized herein shall be effective when filed with the Director of the Riverbanks Parks Commission and in accordance with Section 1-1-210.
The Riverbanks Parks Commission is authorized to employ police officers to be commissioned by the Governor who shall enforce all laws, rules and regulations authorized herein and shall, in addition, have authority to issue summonses for violations thereof in the manner provided for South Carolina State Highway Patrolmen.
Persons violating any of the laws within a magistrate's jurisdiction or any of the rules or regulations of the Commission shall be tried by the magistrate of Richland or Lexington County having jurisdiction of the area in which the violation occurred.
Any person violating the provisions of any of the rules and regulations of the Commission shall be deemed guilty of a misdemeanor and, upon conviction, fined not more than one hundred dollars or imprisoned for not more than thirty days.
All fines and forfeitures collected under the provisions of Sections 51-13-50 to 51-13-80 shall be forwarded weekly to the Riverbanks Parks Commission by the enforcing magistrate, to be credited to the general operating fund of the District.
ARTICLE 3.
SANTEE-COOPER COUNTIES PROMOTION COMMISSION
SECTION 51-13-210. Santee-Cooper Counties Promotion Commission created; purpose.
There is hereby created the Santee-Cooper Counties Promotion Commission which shall be a body corporate and politic, hereinafter referred to as the "Commission." The purpose of the Commission shall be to institute and operate programs to improve, enlarge, increase and otherwise enhance recreation and development in the area around the Santee-Cooper Lakes in the counties of Berkeley, Calhoun, Clarendon, Orangeburg and Sumter.
SECTION 51-13-220. Appointment and terms of Commission members; organization.
The commission shall be composed of four members from Berkeley County, two members from Orangeburg County, two members from Clarendon County, one member from Sumter County, and one member from Calhoun County, who shall be appointed by the Governor upon the recommendation of the legislative delegations from the respective counties.
The president and chief executive officer of the South Carolina Public Service Authority shall be an ex officio member of the commission and may be represented by his nominee at any meetings which the president and chief executive officer is unable to attend in person.
The terms of office shall be for four years and until their successors are appointed and qualify.
SECTION 51-13-230. Powers of Commission.
In order to carry out the purposes for which it was created, the Commission shall have the following powers:
(1) To have perpetual succession;
(2) To sue and be sued;
(3) To adopt, use and alter a corporate seal;
(4) To define a quorum for its meetings;
(5) To make bylaws for the management and regulation of its affairs;
(6) To accept gifts or grants of services, properties or moneys from the United States Government or any of its agencies or from the State or any of its political subdivisions; and
(7) To institute and operate programs to improve, enlarge, increase and otherwise enhance recreation and development in the area around and in the Santee-Cooper Lakes in the counties of Berkeley, Calhoun, Clarendon, Orangeburg and Sumter.
(8) To borrow money, provided it does not have the power to assume any obligation or incur any indebtedness binding upon the State or the counties of Berkeley, Calhoun, Clarendon, Orangeburg, and Sumter.
SECTION 51-13-240. Funds.
All funds used by the Commission to acquire lands and rights in land shall be provided by the county governments comprising the area represented by the Commission.
SECTION 51-13-250. Powers of Public Service Authority unaffected.
Nothing contained in this article shall in anywise affect the operation of the Santee-Cooper project by the South Carolina Public Service Authority or the powers vested in the South Carolina Public Service Authority.
SECTION 51-13-260. Annual report.
The Commission shall make an annual report to the several legislative delegations from the counties entitled to representation.
ARTICLE 5.
LAKE ROBINSON RECREATION AUTHORITY
SECTION 51-13-410. Lake Robinson Recreation Authority created; purpose.
There is hereby created the Lake Robinson Recreation Authority in Darlington and Chesterfield Counties for the purpose of developing and supervising Lake Robinson and lands adjacent thereto as may be made available to the Authority by the Carolina Power and Light Company as a recreational area under such terms and conditions as may be mutually agreed upon between the company and the Authority.
SECTION 51-13-420. Appointment, terms and compensation of Authority members; vacancies; officers; powers and duties.
The Authority shall be composed of four resident electors of Darlington County to be appointed by the governing body thereof and four resident electors of Chesterfield County to be appointed by the governing body of that county. The terms of the members of the Authority shall be four years and until their successors have been appointed and qualify, except of those first appointed two members from Darlington County and two members from Chesterfield County shall serve terms of two years. Any vacancy shall be filled by the appropriate appointing authority for the balance of the unexpired term only. All members shall hold office for their respective terms and until their successors have been appointed and qualify.
Immediately upon the appointment of the Authority it shall organize by electing one of its number as chairman, a second as vice-chairman and a third as secretary. The officers of the Authority shall hold office for terms of one year and until their successors are elected and qualify. It shall be the duty of the Authority to see that a record of the appointees shall be filed in the clerk of court's office in Darlington and Chesterfield Counties so as to indicate the persons holding office as members of the Authority and the duration of their respective terms. No member of the Authority shall receive any compensation for his services as a member of the Authority.
Subject to a contract to be mutually agreed upon between the Carolina Power and Light Company and the Authority, the Authority shall exercise the following powers and duties:
(1) Establish, maintain and operate on the recreational tract suitable facilities for public recreation including but not limited to roads, parking areas, picnic tables, sanitary facilities, camping sites and concession stands;
(2) Supervise and control the use by the public and the conduct on the recreational tract, the waters of the lake and the perimeter strip;
(3) Lease concession privileges and charge a reasonable fee for the use of the recreational tract and its facilities;
(4) Sublease portions of the perimeter strip with the form of the lease subject to the approval of the Company;
(5) Permit subleased portions of the perimeter strip to be used for piers, launching ramps and boathouses approved by it; and
(6) Accept and expend funds coming into its possession for the purposes enumerated herein. Darlington and Chesterfield Counties, and the municipalities located therein, are authorized to make from available funds annual contributions to the Authority for the purpose of defraying the necessary expenses of its operation.
(7) To enter into agreements to provide for policing of the waters and lands under the supervision or control of the Authority by deputy sheriffs or other law-enforcement officers, and to employ for such purposes special deputies or constables.
(8) To prepare recommendations for zoning laws and plans for the area in the vicinity of Lake Robinson under the jurisdiction of Authority.
SECTION 51-13-430. Quorum; voting by chairman.
A majority of the said Authority shall constitute a quorum to do business. The chairman of the Authority shall not vote on any question or issue considered and voted on by the said Authority except in cases where there is a tie vote on any pending question or issue before the Authority.
ARTICLE 7.
PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION
SECTION 51-13-510. Pendleton District Historical, Recreational, and Tourism Commission created; appointment and terms of members; employment and compensation of director and secretary.
There is hereby created an historical, recreational, and tourism commission for Anderson, Oconee, and Pickens Counties to be known as the Pendleton District Historical, Recreational, and Tourism Commission. The commission shall be composed of nine members, three each from Anderson, Oconee, and Pickens Counties, who shall be appointed by the Governor on recommendation by a majority of the county legislative delegation of the respective counties. The members of the commission shall be appointed for terms of six years and until their successors are appointed and qualify, except that of those first appointed, one member from each county shall serve for two years, one member from each county shall serve four years, and one member from each county shall serve for six years. In case of any vacancy, the appointment to fill the vacancy shall be made in the same manner as provided for the original appointment. The commissioners, upon being appointed, shall meet and elect a chairman and secretary-treasurer. The members of the commission shall serve without compensation. They may employ a director and a secretary who shall perform such duties as the commission may direct. Compensation paid the director and secretary shall be fixed by the commission.
SECTION 51-13-520. Powers of Commission generally.
The commission may, without regard to the laws and procedures applicable to state agencies, sue and be sued, adopt and use a corporate seal, charge admission fees, and prescribe rules and regulations with respect to its facilities, purposes, and affairs, and employ personnel, acquire property, receive grants, conduct activities to promote tourism, procure supplies, services, and property and make contracts and expend in furtherance of this article funds donated or funds received and may, within the limits of statutory authority, exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this article. The commission shall have the authority to procure and purchase books, documents, transcripts of documents, or other historical materials, paintings, works of art, or any artistic objects of historic interest; to collect and preserve objects of interest pertaining to natural history of Anderson, Oconee, and Pickens Counties or the State of South Carolina and other like property; to arrange and catalogue them; to provide for their restoration when necessary; to provide for public display, examination, and use in the furtherance of the cultural life of Anderson, Oconee, and Pickens Counties and the State; to purchase or lease property or buildings necessary to establish and conduct a museum of history and natural science; to mortgage or pledge its real or personal property, and to receive funds, grants, donations, and appropriations for the purpose of establishing and operating a museum of history and natural science. The commission shall have full authority to operate, maintain, and expand the collection or museum so far as its funds allow. The commission may enter into agreements, leases, working arrangements with other museums, art centers, or eleemosynary corporations or with state or federal departments or agencies in the acquisition of historic sites or historic objects or in the purchase, development, and operation of historic properties, pageants, or dramas for the cultural and economic development of the three-county area.
SECTION 51-13-530. Acceptance of donations; cooperation with and assistance from other agencies.
The Commission is authorized to accept donations of money, property or personal services; to cooperate with national, State, civil, patriotic, hereditary and historical groups and institutions of learning; and to call upon State and Federal departments or agencies for their advice and assistance in carrying out the purposes of this article.
SECTION 51-13-540. Duties of Commission.
The Commission shall select markers and appropriately mark and designate points and places of historical interest in the three counties. The Commission shall be responsible for the operation and upkeep of such historical sites. It shall receive and disburse funds, accept donations, and compile, print and sell historical pamphlets. In addition, the Commission shall advise the county legislative delegations on matters of historical interest in the three counties.
SECTION 51-13-545. Century Farms Program.
The Century Farms Program is established as a statewide project honoring farm families in South Carolina whose property has been in the same family for one hundred years or more with the presentation of plaques and certificates. Papers and other items relative to the program must be housed in the Pendleton Agricultural Museum, and Century Farms families who have donated items to the museum must be given special designation. Century Farms families throughout the State must be honored each year in a special program to be held at the Pendleton Agricultural Museum. The commission shall administer the program.
ARTICLE 9.
PEE DEE TOURISM COMMISSION
SECTION 51-13-610. Pee Dee Tourism Commission created; purpose; appointment and terms of members.
There is hereby created the Pee Dee Tourism Commission (Commission) for the purpose of promoting the economic development through a formal program of tourism promotion in the following counties: Florence, Lee, Williamsburg, Marion, Dillon, Marlboro, and Darlington. The Commission shall be composed of four members from each county, to be appointed by the Governor upon the recommendation of the legislative delegation of each county, to serve for terms of four years and until their successors are appointed and qualify. One member from each county shall be a representative of the tourism business community to provide input to the Commission from those persons directly involved in the leisure industry; one member from each county shall be a representative of a chamber of commerce to provide input from the general business community; one member from each county shall be a representative from the county historical society or historical commission or of a related commission to provide input from historical, cultural, environmental, and recreational interests; and one member shall be a member of the public at large. Of those first appointed from each county, the member representing the tourism business shall serve for a term of four years, the member representing the chamber of commerce shall serve for a term of three years, the member representing the historical society, commission, or related commission shall serve for a term of two years and the member representing the public at large shall serve for a term of one year.
SECTION 51-13-620. Officers of Commission; meetings.
The Commission shall meet as soon after the appointment of its members as may be practicable and shall organize by electing one of its members as chairman and one as secretary and such other officers as it may deem desirable. The Commission shall meet thereafter upon the call of the chairman or a majority of its members.
SECTION 51-13-630. Powers and duties of Commission.
The Commission shall:
(1) Take such action as necessary to establish the Pee Dee Region as a major center of tourism similar to but separate and apart from the Grand Strand, Santee Cooper County, and historic Charleston regions.
(2) Bring together the abilities and interests of private industry, chambers of commerce, and historical and cultural interests for the purpose of developing a formal program of tourism promotion.
(3) Encourage the promotion of the Pee Dee area through travel agencies such as (a) the South Carolina Parks, Recreation and Tourism Department; (b) visit U. S. A. Program; (c) discover America Program; and (d) any other similar agency or program.
(4) Inventory and identify potential attractions of tourist interest in the Pee Dee area.
(5) Establish guidelines to insure the protection of the interests of the individual citizens and environmental and cultural interests and to assure an ethical, truly representative image of the Pee Dee area to the tourist.
(6) Seek out apply for, receive, process, and distribute available funds through agencies such as the Regional Planning and Development Councils, the Department of Parks, Recreation and Tourism, BOR, and the Federal Departments of Commerce or Interior, or any other similar agency or department.
ARTICLE 11.
PATRIOT'S POINT DEVELOPMENT AUTHORITY
SECTION 51-13-710. Patriot's Point Development Authority created; transfer of powers, obligations and accounts.
There is hereby created the Patriot's Point Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of nine members hereinafter referred to as the Authority. On June 30, 1983, the General Assembly may transfer the powers, responsibilities, liabilities and assets of the Authority to the Department of Parks, Recreation and Tourism; but no obligation or contract of the Authority shall be impaired by such transfer, and the full faith and credit of the State shall be given to assure the performance of obligations so transferred.
[From and after such time as all claims and litigation brought against the Patriot's Point Development Authority have been settled (see Editor's Note below), this section will read as follows:]
There is hereby created the Patriot's Point Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of five members hereinafter referred to as the authority.
SECTION 51-13-720. Appointment and terms of Board members; vacancies.
Members of the authority must be appointed by the Governor as follows: one upon the joint recommendation of the Chairman of the House Ways and Means Committee and the Speaker of the House, one upon the joint recommendation of the Chairman of the Senate Finance Committee and the President Pro Tempore of the Senate, and three to be appointed by the Governor. The Governor shall appoint the chairman. The terms of the members are for four years and until their successors are appointed and qualify. Members may succeed themselves. Vacancies must be filled in the same manner of the original appointment for the remainder of the unexpired term.
SECTION 51-13-725. Mt. Pleasant mayor to serve as ex officio member of authority.
In addition to the members of the Patriot's Point Development Authority provided for in Section 51-13-720, the mayor of Mt. Pleasant, South Carolina, shall serve as an ex officio member of the authority.
SECTION 51-13-730. Meetings of Board; quorum; compensation.
The Board shall meet upon the call of the chairman or a majority of its members, and a majority of its members shall constitute a quorum for the transaction of business. Members of the Board shall receive per diem for each day of performance of official duties and actual expense, including travel expense, shall be allowed for attendance thereon.
SECTION 51-13-740. Executive director and other employees.
The Authority may employ an executive director, a secretary, attorney and such other employees or consultants as it deems necessary for the performance of its duties and shall fix their compensation.
SECTION 51-13-750. Jurisdiction of Authority; taking, use and occupancy of lands owned by State.
The Authority shall have jurisdiction over the lands, waters, shores, spoil areas and marshes of that area in Charleston harbor in Charleston County consisting of lands, shores and marshes known as Hog Island and lands, shores, marshes and spoil areas immediately adjacent to said Island; being bounded on the north by the rights-of-way of U.S. Highway 17 and of the Cooper River bridges, on the northeast by a creek running from said right-of-way to Shem Creek, on the east by Shem Creek, on the south by Hog Island channel, and on the west by the Cooper River, all of which area is hereby designated as Patriot's Point and shall be known and described as such; and the Authority may take, exclusively occupy, use and possess, to the extent necessary for carrying out the provisions of this article, any lands owned by the State within the area hereinabove described, including shores, waters, marshes, swamps and overflowed lands, bottoms of streams, and bays within the area, and the riparian rights pertaining thereto; excluding the adjacent navigation channels of Charleston harbor; provided such use may be limited by navigation rights or other easements reserved by the State or the United States and by operation and maintenance of the harbor, channels and port of Charleston by the State Ports Authority. When so taken and occupied, due notice of such taking and occupancy having been filed with the Secretary of State, such areas are hereby granted to and shall be the property of the Authority, subject to the limitations for navigation and harbor and port uses above provided, and the laws of the United States with respect to navigable waters. For the purposes of this section, the meaning of the term "use" shall include the removal of material, including spoil or fill material, from and the placing of such material on any part of the lands, shores, marshes and areas hereinabove described. In the event it shall be held by a court of competent jurisdiction that there is any property in the above described areas which may not be so granted by the State, the provisions of this section shall continue of full force and effect as to all other areas so granted to the Authority, and the remainder may be purchased or condemned by the Authority in the manner hereinafter provided.
SECTION 51-13-760. Purposes of Authority.
The Authority is created as an instrumentality of the State for the accomplishment of the following general purposes, all or any of them, which are intended to broaden and not to restrict any other powers given to it in this article, namely:
(1) To develop and improve the Patriot's Point area to provide a place of education and recreation to foster among the people pride and patriotism in our nation and its heritage;
(2) To establish and develop a National Naval Museum of ships, naval and maritime equipment, artifacts, books, manuscripts, art and historical materials for the education and enjoyment of the people of our nation and to instill in them a knowledge of our naval and maritime history; and of the importance of sea power to our economy and defense;
(3) To foster and stimulate national and international travel to and participation in the development of Patriot's Point, by acquiring, constructing, equipping and maintaining museum buildings, seaquariums and laboratories, public exhibits and entertainment facilities, historical monuments and sites; and providing lodging and accommodations for travelers by land or water to Patriot's Point;
(4) To cooperate with the State of South Carolina and the United States of America, and any agency or any department, corporation or instrumentality thereof, in the maintenance, development, improvement and use of Patriot's Point and all its functions;
(5) To accept funds, other assets and services from Charleston County and municipalities located therein and the State of South Carolina, and to use them in such manner, within the purposes of the Authority, as shall be stipulated by the county or the State in any matter coming within the general purposes of the Authority;
(6) To act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes of the Authority;
(7) In general to do and perform any act or function which may tend to or be useful toward the development and improvement of Patriot's Point.
SECTION 51-13-765. Maintenance of special accounts; fiscal reports; retention and use of earnings and interest.
(A) The Patriot's Point Development Authority may maintain special accounts controlled by the authority and made up of funds received by the authority. The authority may retain and carry over these funds it has on account from fiscal year to fiscal year. The receipt and expenditure of funds in these accounts must be reported in an annual fiscal audit of the authority.
(B) All earnings and interest accrued on accounts held by the authority must be retained and expended by the authority to carry out its purpose and mission.
SECTION 51-13-770. Powers of Authority.
In order to enable it to carry out the purposes of this article, the Authority:
(1) Shall have the powers of a body corporate, including the power to sue and be sued, to make contracts and to adopt and use a common seal and alter it as may be deemed expedient;
(2) May rent, lease, buy, own, acquire, mortgage and dispose of such property, real or personal, as the Authority may deem proper to carry out the purposes and provisions of this article, all or any of them;
(3) May acquire, construct, maintain, equip and operate docks, ships, piers, quays and other structures and any and all facilities needful for the convenient use of them in the aid of Patriot's Point development, including the dredging of approaches thereto and the construction of roads and highways thereon and bridges and causeways necessary or useful in connection therewith and transportation facilities incident thereto and useful or convenient for the use thereof, including a marina, except that these piers, ships, docks, quays or similar structures shall be used exclusively for fulfilling the educational, recreational and tourist missions of Patriot's Point and shall not be used for any active ocean-going cargo or passenger vessels;
(4) Shall establish an office for the transaction of its business in the County of Charleston and such other offices within and without the State as may be deemed by the Board to be necessary or useful in carrying out the purposes of this article;
(5) May create and operate such agencies and departments as the Board may deem necessary or useful for the furtherance of any of the purposes of this article;
(6) May pay all necessary costs and expenses involved in and incident to the formation and organization of the Authority and incident to the administration and operation thereof and all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this article;
(7) May apply for and accept loans and grants of money from any Federal agency, private sources or any other source for any and all of the purposes authorized in this article and expend such moneys in accordance with the directions and requirements attached thereto or imposed thereon by any such Federal agency and give such evidences of indebtedness as shall be required by any such Federal agency, except that no indebtedness of any kind incurred or created by the Authority shall constitute an indebtedness of the State, or any political subdivision thereof, and no such indebtedness shall involve or be secured by the faith, credit or taxing power of the State, or any political subdivision thereof;
(8) May adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed; may provide rules and regulations for the use of its facilities by the public, and may provide for the appointment of such committees, and the functions thereof, as the Authority may deem necessary or expedient in facilitating its business;
(9) May do any and all other acts and things authorized or required to be done by this article, whether or not included in the general powers mentioned in this section;
(10) May do any and all things necessary to accomplish the purposes of this article; and
(11) May promulgate rules and regulations governing the use of or doing business on the Authority's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility, and may provide for the licensing of or enter into concession and use contracts with persons, firms or corporations using or doing business on such property or facilities and require license or other fees therefor. Licenses or concession and use contracts may be revoked after notice and hearing by the Authority for willful breach of or failure to comply with such rules and regulations.
SECTION 51-13-780. Power of Authority to acquire property by purchase or eminent domain.
For the acquiring of rights-of-way and property necessary for the construction of structures, including piers, ships, docks, quays, and other riparian and littoral facilities and structures and approaches to them and transportation facilities needful for their convenient use and highways, causeways, and bridges and for the acquiring of property necessary for the Patriot's Point development project, the Authority may purchase them by negotiation or may condemn them. The power of eminent domain shall apply not only to all property of private persons or corporations but also to property already devoted to public use within the area of jurisdiction of the Authority.
SECTION 51-13-790. Exchange or purchase of property; removal of structures.
The Authority may exchange any property acquired under the provisions of this article for other property usable in carrying out the powers hereby conferred or may purchase property for purposes of the Authority and also may remove buildings or other structures from lands needed for its purposes for reconstruction on other locations upon the payment of just compensation if, in its judgment, it is necessary or expedient to do so in order to carry out any of its plans for development under the authorization of this article.
SECTION 51-13-800. Transfer of property to United States Government.
The Board of the Authority may assign, transfer, lease, convey, grant or donate to the United States of America, or to the appropriate agency or department hereof, any or all of the property of the Authority for any use by such grantee for any purpose included within the general purposes of this article, such assignment, transfer, lease, conveyance, grant or donation to be upon such terms as the Board of the Authority may deem advisable. In the event the United States of America should decide to undertake the acquisition, construction, equipment, maintenance or operation of the piers, ships, docks, Naval Museum or any other facilities before referred to, including roads, highways, causeways or bridges, and should itself decide to acquire the lands and properties necessarily needed in connection therewith by condemnation or otherwise, the Board of the Authority may transfer and pay over to the United States of America, or to the appropriate agency or department thereof, such of the moneys belonging to the Authority as may be found needed or reasonably required by the United States of America to meet and pay the amount of judgments or condemnation, including costs, if any be taxed thereon, as may from time to time be rendered against the United States of America, or its appropriate agency, or as may be reasonably necessary to permit and allow the United States of America, or its appropriate agency, to acquire and become possessed of such lands and properties as are reasonably required for the construction and use of the facilities before referred to.
SECTION 51-13-810. Authorization to borrow money.
As a means of raising the funds needed in the acquisition, construction, equipment, maintenance, and operation of any facility, building, structure, or other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate, all or any of them, the authority, subject to the approval of the Budget and Control Board, may borrow money and make and issue negotiable notes, or other evidences of indebtedness and provide for their payment under terms and conditions the authority determines.
SECTION 51-13-820. Receipts and expenditures.
All funds of the Authority shall be deposited in a bank or banks to be designated by the State Treasurer. Funds of the Authority shall be paid out only upon warrants signed by the director of the Authority and countersigned by the chairman or the acting chairman. No warrants shall be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by this article and only when the account or expenditure for which they are to be given in payment has been audited and approved by the Authority. The Authority may accept contributions of money or property from all persons for the construction, equipping and operation of its facilities and improvements in the areas within its jurisdiction; and may receive such State, Federal or other grants or appropriations as may be made to it from time to time.
SECTION 51-13-830. Financial report.
At least once in each year the Authority shall report to the Governor and the General Assembly a complete detailed statement of all moneys received and disbursed by the Authority during the preceding year. Such statement shall also show the several sources from which such funds were received and the balance on hand at the time of publishing the statement and shall show the complete financial condition of the Authority.
SECTION 51-13-840. Exemption of Authority property from taxation.
The property of the authority is not subject to any taxes, or sums in lieu of taxes, or assessments on the property.
SECTION 51-13-850. Penalties.
If any person using or going upon the property or facilities of Patriot's Point shall be guilty of a violation of the rules and regulations provided and prescribed by the Authority, such person shall, upon conviction, incur a penalty for each offense of not less than ten dollars nor more than one hundred dollars.
SECTION 51-13-860. Budget and Control Board authorized to make loan to authority for purpose of settling certain claims and litigation.
The Budget and Control Board may transfer to the authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development pursuant to Section 12-27-1270, for the purpose of the authority participating in any court approved settlement of the claims and litigation brought against the authority, its officers, employees or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the authority, and for those other operating expenses necessary for the further development of the authority. This transfer is considered a loan to the authority, and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period.
SECTION 51-13-870. Report and recommendations of authority.
On or before January 1, 1994, the authority shall submit a report to the Governor and the General Assembly which provides a detailed status of the development activities, financial condition of the authority, and recommendations for legislation to assure the permanent status of the Patriot's Point Naval and Maritime Museum.
ARTICLE 13.
OLD ABBEVILLE DISTRICT HISTORICAL COMMISSION
SECTION 51-13-910. Old Abbeville District Historical Commission created; appointment and terms of members; vacancies.
There is hereby created the Old Abbeville District Historical Commission for Abbeville, Greenwood and McCormick counties. The commission shall be composed of nine members, six of whom shall be appointed by the Governor on recommendation of the resident members of the Abbeville, Greenwood and McCormick counties legislative delegations. The appointed members of the commission shall serve four year terms and until their successors are appointed and qualify. In case of any vacancy, the appointment to fill the vacancy shall be made in the same manner as provided for the original appointment. The remaining three members shall be the chairman of the three county historical societies, respectively. They shall serve ex officio.
SECTION 51-13-920. Commission to be corporate body.
The commission is hereby declared to be a body politic and corporate.
SECTION 51-13-930. Powers of Commission.
The commission is empowered to:
(a) sue and be sued;
(b) adopt, use and alter a corporate seal;
(c) enter into contracts in furtherance of its purposes;
(d) charge admission fees to its facilities;
(e) make bylaws for the management and regulation of its affairs;
(f) acquire, own, hold in trust, preserve, restore, maintain, suitably mark, develop, advertise, manage and operate or sell property of historical or architectural value in Abbeville, Greenwood and McCormick counties, and to receive funds, grants, donations and appropriations for the accomplishment of these purposes;
(g) acquire or purchase books, documents or other historical materials of interest;
(h) prescribe rules and regulations governing the use of its facilities;
(i) develop plans and orders of priority for the restoration of historical places in the three counties;
(j) appoint agents, employees and servants, prescribe their duties, fix their compensation, and to determine if and to what extent they shall be bonded for the faithful performance of their duties;
(k) apply for funds from State or federal agencies;
(l) property, provided it shall not have the power to assume any obligation or incur any indebtedness binding upon the State or the counties of Abbeville, Greenwood and McCormick.
SECTION 51-13-940. Exemption of Commission property from taxation.
All property of the commission shall be exempt from all ad valorem taxes levied by the counties, municipalities, and other political subdivisions.
SECTION 51-13-950. Deeds of conveyance to contain restrictive covenants to preserve historical value.
Every deed to a historical building conveyed by the commission shall contain a restrictive covenant to protect the building's facade so as to preserve its historical value.
SECTION 51-13-960. Meetings of Commission; quorum.
Any action required of the commission may be taken at any meeting of the commission, regular or special, and at any such meeting a majority of the members of the commission shall constitute a quorum for the purpose of transacting the business of the commission.
ARTICLE 15.
OLD NINETY SIX TOURISM COMMISSION
SECTION 51-13-1110. Old Ninety Six Tourism Commission created; appointment of members.
There is hereby created the Old Ninety Six Tourism Commission (commission) for the purpose of promoting the economic development through a formal program of tourism promotion in the following counties: Abbeville, Edgefield, Greenwood, Laurens, McCormick and Saluda. The commission shall be composed of two members from each county, to be appointed by the Governor upon the recommendation of the legislative delegation of each county, to serve for terms of four years and until their successors are appointed and qualify.
SECTION 51-13-1120. Duties of commission.
The commission shall:
(1) Take such action as necessary to establish the Old Ninety Six Tourism Region as a major center of tourism.
(2) Bring together the abilities and interests of private industry, chambers of commerce, development organizations and historical and cultural interests for the purpose of developing a formal program of tourism promotion.
(3) Encourage the promotion of Old Ninety Six Tourism Commission through such organizations as (a) the South Carolina Parks, Recreation and Tourism Department including other similar state agencies; (b) U. S. Travel Service; (c) Congressional Tourism caucus; (d) U. S. Travel Association; and (e) any other similar agency or program.
(4) Inventory and identify potential attractions of tourist interest in Old Ninety Six Tourism Commission.
(5) Establish guidelines to insure the protection of the interests of the individual citizens and environmental and cultural interests and to assure an ethical, truly representative image of Old Ninety Six Tourism Commission.
(6) Seek out, apply for, receive, process and distribute available funds through agencies such as the Department of Parks, Recreation and Tourism, Regional Councils of Government, and the Federal Departments of Commerce or Interior or any other similar agency or department.
SECTION 51-13-1130. Commission meetings; officers.
The commission shall meet as soon after the appointment of its members as may be practicable and shall organize by electing one of its members as chairman and one as secretary and such other officers as it may deem desirable. The commission shall meet thereafter upon the call of the chairman or a majority of its members.
ARTICLE 17.
HERITAGE WORLD EXPO AUTHORITY [REPEALED] SECTIONS 51-13-1310 to 51-13-1440.
SECTIONS 51-13-1310 to 51-13-1440. Repealed by 1986 Act No. 351, Section 1.
ARTICLE 19.
OLDE ENGLISH DISTRICT COMMISSION
SECTION 51-13-1610. Creation of commission; membership; vacancies.
There is created the Olde English District Commission (Commission) for the purpose of instituting and operating programs to improve, enlarge, increase and otherwise enhance tourism, recreation and, development in the counties of Chester, Chesterfield, Fairfield, Lancaster, Kershaw, Union and York (District). The Commission shall be composed of three members from each county, one to be appointed by the governing body of the county, one by the legislative delegation of the county and one by the county planning and development board or its equivalent for terms of three years and until successors are appointed and qualify. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term.
SECTION 51-13-1620. Meetings; officers.
The Commission shall meet as soon after the appointment of its members as may be practicable and shall organize by electing one of its members as chairman, one as vice chairman, and one as secretary-treasurer and such other officers as it may deem desirable. The Commission shall meet thereafter at times established in its bylaws or upon the call of the chairman or a majority of its members.
SECTION 51-13-1630. Powers and duties; bylaws.
The Commission shall:
(1) Take such action as necessary to establish the District as a major center of tourism and recreation.
(2) Bring together the abilities and interests of private industry, chambers of commerce and historical and cultural interests for the purpose of developing a formal program of tourism promotion, recreation, and development.
(3) Encourage the promotion of the District through travel agencies such as (a) the South Carolina Parks, Recreation and Tourism Department; (b) visit U. S. A. Program; (c) Discover America Program; (d) any other similar agency or program.
(4) Inventory and identify potential attractions of tourist and recreation interest in the District.
(5) Establish guidelines to insure the protection of the interests of the individual citizens and environmental and cultural interests and to assure an ethical, truly representative image of the District to the tourist.
(6) Seek out, apply for, receive, process and distribute available funds and grants through agencies such as the Regional Planning and Development Councils, the Department of Parks, Recreation and Tourism, Heritage, Conservation, and Recreation Service, and the Federal Departments of Commerce or Interior or any other similar agency or department.
(7) Adopt bylaws to carry out the purposes for which it is created.
ARTICLE 20.
OLD JACKSONBOROUGH HISTORIC DISTRICT
SECTION 51-13-1710. Historic district created; composition.
There is hereby created the Old Jacksonborough Historic District (District) in Colleton County, which shall be under the jurisdiction of the Old Jacksonborough Historic District Authority (Authority), a body politic and corporate under the laws of this State.
The District shall be composed of the Village of Old Jacksonborough, as well as any other historic sites that may have historical or cultural connection or relevance to Old Jacksonborough.
SECTION 51-13-1720. Board of regents; composition; terms; vacancies.
The Authority shall be governed by a board of regents consisting of nine members, as follows:
(a) The resident Senator for Colleton County shall serve ex officio;
(b) The Representative in whose district the present Village of Jacksonborough is situate shall serve ex officio;
(c) Four members resident in Colleton County appointed by the Governor upon recommendation of the Colleton County Legislative Delegation;
(d) One member resident in the First or Second Congressional District appointed by the Governor with the advice and consent of the Senate;
(e) One member resident in the Third or Fourth Congressional District appointed by the Governor with the advice and consent of the Senate;
(f) One member resident in the Fifth or Sixth Congressional District appointed by the Governor with the Advice and Consent of the Senate.
The terms of the members shall be for four years and until their successors are appointed and qualify except that those originally appointed to the board of regents, four shall serve two years and three shall serve for four years. The length of such terms shall be determined by lot. In the case of any vacancy, the vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. The board of regents, upon being appointed, shall meet and elect a chairman and such other officers as it deems necessary from its membership.
SECTION 51-13-1730. Meetings; quorum; compensation; director and employees.
The board of regents shall meet upon the call of the chairman or a majority of its members, and a majority of its members, excluding the ex officio members, shall constitute a quorum for the transaction of business. The board of regents shall serve without compensation, but shall be entitled to receive reimbursement for mileage at the existing state rate. It may employ a director and other employees who shall perform such duties as the board may direct. Compensation paid the director and other employees shall be fixed by the board.
SECTION 51-13-1740. Powers to make studies, surveys and maps.
The Authority is authorized to:
(a) Make studies, surveys, maps and do such other functions as may be necessary to determine the exact site and location of the Village of Old Jacksonborough at the time it served as the state's provisional capital, determine the exact site and location, and obtain information about the buildings used for sessions of the General Assembly during its 1782 session;
(b) Make studies, surveys and maps about other structures, dwellings, buildings, roads, streets, bridges and highways, in or near the Village of Old Jacksonborough;
(c) Make studies, surveys and maps to determine, identify, locate, and designate the historic and cultural sites in the surrounding area, including the dwelling in which Governor John Matthews visited, the headquarters of General Nathanael Greene, the tomb of Colonel Isaac Hayne, Pon Pon Chapel, the grave of Congressman O'Brien Smith, Duharra Plantation House where President Washington spent the night, the grave of Judge Aedanus Burke, the graves of Commander John Herbert Dent, Senator Simon Verdier, Lieutenant Governor William Cotesworth Pinckney, and Lieutenant Governor Merrick E. Carn, the site of Bethel "Pon Pon" Presbyterian Church, Edmundsbury Episcopal Chapel, and the Battle of Parker's Ferry, and such other historic and cultural sites as may be located and identified.
SECTION 51-13-1750. Power to make contracts and procure historic materials.
The Authority may, without regard to the laws and procedures applicable to state agencies, procure supplies, services and property and make contracts and expend in furtherance of this act funds donated or funds received and may, within the limits of statutory authority, exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this act.
The Authority shall have the power to procure and purchase books, documents, transcripts of documents, or other historic or cultural materials, paintings, works of art or any artistic objects of historic or cultural interest; to collect and preserve objects of interest pertaining to natural or cultural history of the Village of Old Jacksonborough, Colleton County, or the State of South Carolina and other like property; to arrange and catalogue them; to provide for their restoration when necessary; to provide for public display, examination and use in the furtherance of the cultural life of the Village of Old Jacksonborough, Colleton County, and the State; to purchase or lease property or buildings necessary to establish and conduct a museum of cultural history and natural science, an historic restoration of the Village of Old Jacksonborough, or an historic site or restoration at any other of the sites set forth herein; to mortgage or pledge its real or personal property, and to receive funds, grants, donations and appropriations for the purpose of establishing and operating historic restorations, historic sites, or a museum of history and natural science. The Authority shall have full power to operate, maintain and expand any restoration or museum so far as its funds allow. The Authority may enter into agreements, leases, working arrangements with other museums, art centers or eleemosynary corporations or with state or federal departments or agencies in the acquisition of historic sites or historic objects or in the purchase, development and operation of historic or cultural properties, pageants or dramas for the historical, cultural, or economic development of the Village of Old Jacksonborough, Colleton County, and the State of South Carolina.
SECTION 51-13-1760. Power to accept donations; coordination with other agencies.
The Authority is authorized to accept donations of money, property or personal services; to cooperate with national, state, civic, patriotic, hereditary and historical groups and institutions of learning; and to call upon state and federal departments or agencies for their advice and assistance in carrying out the purposes of this act.
SECTION 51-13-1770. Designation of places of historical interest; operation and maintenance; historical pamphlets.
The Authority shall select markers and appropriately mark and designate points and places of historical interest in the territory that may comprise the Old Jacksonborough Historic District. The Authority shall be responsible for the operation and upkeep of such historical sites. It shall receive and disburse funds, accept donations, and compile, print and sell historical pamphlets. In addition, the Authority shall advise the county legislative delegation on matters of historical interest in the Old Jacksonborough Historic District, Colleton County, and adjacent areas.
ARTICLE 21.
LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION
SECTION 51-13-1810. Lowcountry and Resort Islands Tourism Commission created; membership of commission; terms of office.
There is created the Lowcountry and Resort Islands Tourism Commission for the purpose of promoting the economic development of the region through a formal program of tourism promotion in Beaufort, Colleton, Hampton, and Jasper counties. The commission is composed of three members from each county, to be appointed by the Governor upon recommendation of the legislative delegation of each county, to serve for terms of four years and until their successors are appointed and qualify. One member from each county must be a representative of the hospitality business industry to provide input to the commission from those persons directly involved in the travel and leisure industry. Two members from each county must be representatives of the chamber of commerce in the county to provide input from the historical, cultural, environmental, and recreational interests, and general business community. Of those first appointed, the members representing the hospitality industry shall serve three years and the members representing chambers of commerce shall serve four years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
SECTION 51-13-1820. Duties of commission.
The commission shall:
(1) take necessary action to establish the lowcountry and resort islands region as a major center of tourism;
(2) bring together the abilities and interests of private industry, chambers of commerce, development organizations, and historical and cultural interests for the purpose of developing a formal program of tourism promotion;
(3) encourage the promotion of the region through organizations such as the South Carolina Department of Parks, Recreation and Tourism, the United States Travel Service, the Travel Industry of America, the Southeast Tourism Society, and similar agencies or programs;
(4) inventory and identify potential attractions of tourist interest in the region;
(5) establish guidelines to ensure the protection of the interests of the individual citizens and environmental and cultural interests and to assure an ethical, truly representative image of the region to the tourist;
(6) seek out, apply for, receive, process, and distribute available funds through agencies such as the South Carolina Department of Parks, Recreation and Tourism, Regional Councils of Government, and the United States Departments of Commerce and Interior, or any other similar agency or department.
SECTION 51-13-1830. Officers; meetings.
The commission shall meet as soon after the appointment of its members as practicable and shall organize by electing one of its members as chairman, one as secretary, and other officers as it considers necessary. This commission shall meet thereafter on call of the chairman or a majority of its members.
ARTICLE 23.
ENOREE RIVER GREENWAY COMMISSION
SECTION 51-13-2000. Enoree River Greenway Commission; creation; purposes; powers.
(A) The Enoree River Greenway Commission (commission) is created to serve the following purposes in the South Carolina Piedmont:
(1) promote the use and appreciation of the Enoree River and associated natural resources;
(2) promote the development of historical resources;
(3) promote outdoor recreation and enjoyment;
(4) promote tourism, focusing on the natural and cultural resources; and
(5) foster the conservation and wise use of natural resources.
(B) The commission may exercise the following powers within Laurens, Newberry, Union, and Spartanburg counties to achieve its purposes:
(1) coordinate the activities of volunteers, organizations, and business and government agencies;
(2) accept funds from business, private individuals, and government agencies and to open such accounts with financial institutions to administer these funds;
(3) enter into contracts with individuals, and business or government agencies;
(4) select a location of a commission office within its service area;
(5) hire and dismiss employees to the extent it has funds available;
(6) operate such activities as necessary to successfully promote and develop natural and historic resources in its area of interest; and
(7) undertake other activities normally granted nonprofit organizations toward achieving its purpose.
SECTION 51-13-2010. Board of directors; indemnification; appointments; compensation.
(A) The management of the commission is vested in the Board of Directors (board). The directors shall be indemnified by the commission in all civil actions for actions taken within the scope of their authority toward achieving the purposes of this article.
The fifteen members shall serve three-year terms and must be appointed in the following manner:
(1) one director appointed by each of the respective county councils in Laurens, Newberry, Union, and Spartanburg;
(2) one director appointed by the U.S. Forest Service;
(3) one director appointed by the S.C. Department of Parks, Recreation and Tourism;
(4) one director appointed by the South Carolina Department of Natural Resources; and
(5) two directors appointed by each of the respective Laurens, Newberry, Union, and Spartanburg county legislative delegations.
The board may appoint individuals as nonvoting ex officio members by a majority vote.
(B) Vacancies shall be filled in the same manner as original appointment for the remaining portion of the unexpired term. Upon expiration of a term, a director may continue to serve until a successor is appointed and qualified.
(C) Directors shall not be compensated for service, but may receive, at the discretion of the board, reasonable reimbursement for services rendered in performance of the commission's purposes.
SECTION 51-13-2020. Board meetings; quorum; vacancies; officers; powers.
(A) Regular meetings of the board shall be held at least bi-annually at places within the service area.
(B) At all meetings of the board, a quorum of the board for the transaction of business shall consist of a majority of the membership of the board. If any member misses three consecutive meetings, then that seat is deemed to be vacant and the vacancy shall be filled in the manner provided by this article.
(C) Meetings of the board shall be presided over by the chairman, the vice chairman, or in their absence by an interim chairman chosen at the meeting. The secretary/treasurer, or other designated director in the case of an absence, shall act as secretary of a meeting. Conduct of a meeting shall be governed by Roberts Rules of Order, revised latest edition.
(D) The board shall choose a chairman, vice chairman, and secretary/treasurer at any regular meeting. The officers shall serve one-year terms and shall hold office until a successor is elected. Officers shall have the following powers:
(1) The chairman shall have such powers and duties in the management of the commission as may be prescribed by the board of directors.
(2) The vice chairman shall work and cooperate with the chairman, in the exercise of the powers and duties of the chairman as the chairman may request, and shall act in place of and for the chairman in the event of an absence.
(3) Th