View Amendment Current Amendment: 1 to Bill 4727 The Committee on Ways and Means proposes the following Amendment No. 1 to H. 4727 (COUNCIL\CZ\4727C004.DKA.CZ18):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 1, beginning on page 2, by striking Section 48-59-40(A) and (B) and inserting:

/      "(A)      There is established the South Carolina Conservation Bank. The bank is governed by a fourteen-member fifteen-member board selected as follows:
           (1)      the Chairman of the Board for Director of the Department of Natural Resources, the Chairman Director of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges the Commissioner of Agriculture, and the Secretary of Commerce, or their designee;
           (2)      three two members appointed by the Governor from the State at large;
           (3)      four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth First, Fifth, and Seventh Congressional Districts and one member from the State at large; and
           (4)      four members appointed by the President Pro Tempore of the Senate, one each from the First, Second, Fifth, and Seventh Fourth, and Sixth Congressional Districts and one member from the State at large.
     (B)      Terms of board members are for four years and until their successors are appointed and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments for the unexpired portion of the term. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership. The members from the Department of Natural Resources, the Forestry Commission, the Department of Parks, Recreation and Tourism, the Department of Agriculture, and the Department of Commerce may not serve as chairman." /

Amend further, SECTION 3, beginning on page 8, by striking Section 48-59-70(L) and inserting:

/      (L)(1)      The board may authorize up to ten percent of the monies credited to the trust fund during the preceding fiscal year to acquire interests in land that solely or primarily meet the criteria of subsection (D)(6) of this section. No other monies in the trust fund may be awarded to applicants for the acquisition of interests in land that meet the criteria of subsection (D)(6) unless the application also satisfies other criteria contained in subsection (D) in a substantial way.
           (2)      The board shall authorize at least ten percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interests in land that provides public access. To the extent the ten percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interests in land that provide public access in ensuing years. The board may not authorize the purchase of a conservation easement for more than one million dollars unless the transaction is approved by the State Fiscal Accountability Authority.       /

Amend further by adding an appropriately numbered SECTION to read:

/      SECTION __.      Section 48-59-110 of the 1976 Code is amended to read:

     "Section 48-59-110.      (A)      Trust funds may be used only by eligible trust fund recipients for the acquisition of interests in land, including closing costs. Trust funds may not be used to pay general operating expenses of eligible trust fund recipients, nor may trust funds be used for the management or maintenance of acquired interests in land. Trust funds only may be dispersed at the closing of transactions in which an interest in land is acquired.
     (B)      The board, in its discretion, may award additional grant funds to the South Carolina Department of Natural Resources, the South Carolina Department of Parks, Recreation and Tourism or the South Carolina Forestry Commission for the acquisition of fee simple title to land to which the public will have full access. The additional funds must be used only for the purpose of improving public access. The state agency receiving the funds shall include with its grant application a request for the additional funds and a detailed description of how the additional funds, if awarded, would be used. If additional funds are awarded by the board, the state agency receiving the funds shall submit a report to the board every six months after the award has been made describing in detail how the funds have been used and continue to submit a report until the funds are fully utilized. If the additional funds have not been utilized two years after receipt, the remaining balance must be refunded to the trust fund."            /

Amend further by striking SECTION 4 and inserting:

/      SECTION      4.      Sections 12-24-95 and 48-59-75 of the 1976 Code are repealed.      /

Renumber sections to conform.
Amend title to conform.