Current Status Bill Number:852 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Martin All Sponsors:Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese Drafted Document Number:res1521.lam Residing Body:House Current Committee:Conference Committee 98 HCC Date of Last Amendment:19980327 Subject:Jocassee Gorges Endowment Fund created in Oconee and Pickens counties; Natural Resources Department
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980407 Conference powers granted, 98 HCC Miller
appointed Reps. to Committee of Edge
Conference Davenport
Senate 19980402 Conference powers granted, 88 SCC Martin
appointed Senators to Committee Alexander
of Conference Waldrep
Senate 19980402 Insists upon amendment
House 19980401 Non-concurrence in Senate amendment
Senate 19980327 House amendments amended,
returned to House with amendment
House 19980320 Read third time, returned to Senate
with amendment
House 19980319 Read second time, unanimous
consent for third reading on
Friday, 19980320
House 19980319 Amended
House 19980318 Committee report: Favorable with 20 HANR
amendment
House 19980217 Introduced, read first time, 20 HANR
referred to Committee
Senate 19980213 Read third time, sent to House
Senate 19980212 Read second time, unanimous
consent for third reading on
Friday, 19980213
Senate 19980212 Committee amendment adopted
Senate 19980210 Polled out of Committee: 07 SFGF
Favorable with amendment
Senate 19980114 Introduced, read first time, 07 SFGF
referred to Committee
Senate 19971215 Prefiled, referred to Committee 07 SFGF
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HOUSE AMENDMENTS AMENDED
March 27, 1998
S. 852
Introduced by Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese
S. Printed 3/27/98--S.
Read the first time January 14, 1998.
TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-900. There is created the South Carolina Jocassee Gorges Trust Fund, the income and principal of which must be used only for the purposes of supporting the operation and maintenance and the acquisition of additional real property complementary to those tracts of real property owned by the South Carolina Department of Natural Resources in Oconee and Pickens counties, South Carolina, in the vicinity of Lake Jocassee which are known collectively as the Jocassee Gorges. All gifts, grants, and contributions for this purpose must be accounted for separately from other assets of the fund.
Section 50-3-910. There is created the Board of Trustees of the Jocassee Gorges Trust Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11 of the 1976 Code.
Section 50-3-920. The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(2) other lawful sources.
Section 50-3-930. The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) After applying income received and accruing from the investments of gifts, grants, and contributions, the board of trustees of the fund may liquidate and expend principal of the fund.
(3) The income received and accruing from the investments of the fund must be spent only to acquire additional real property complementary to or protective of the Jocassee Gorges and in furthering the operation and maintenance of the Jocassee Gorges.
Section 50-3-940. The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set forth in Section 50-3-930(3).
Section 50-3-950. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations act. The fund is subject to the oversight of the State Auditor.
Section 50-3-960. The fund and income do not take the place of state appropriations or department receipts placed in the fund and must be used in accordance with Section 50-3-930(3).
Section 50-3-970. If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund.
Section 50-3-980. None of said land so noted as Jocassee Gorges shall be sold, traded, leased, or mortgaged without the approval of the South Carolina General Assembly."
SECTION 2. This act takes effect upon approval by the Governor.