S 0852  General Bill, By Martin, Alexander, Anderson, Branton, Bryan, Cork, 
Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, 
Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, 
Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, 
Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, 
J.V.Smith, Thomas, Waldrep, Washington and Wilson

Similar(H 4373)
 A BILL 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 JOCASEE GORGES ENDOWMENT FUND.
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   12/15/97  Senate Prefiled
   12/15/97  Senate Referred to Committee on Fish, Game and Forestry
   01/14/98  Senate Introduced and read first time SJ-11
   01/14/98  Senate Referred to Committee on Fish, Game and Forestry SJ-11
   02/10/98  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-9
   02/12/98  Senate Amended SJ-28
   02/12/98  Senate Read second time SJ-28
   02/12/98  Senate Unanimous consent for third reading on next
                     legislative day SJ-28
   02/13/98  Senate Read third time and sent to House
   02/17/98  House  Introduced and read first time HJ-8
   02/17/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-8
   03/18/98  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-7
   03/19/98  House  Amended HJ-20
   03/19/98  House  Read second time HJ-21
   03/19/98  House  Unanimous consent for third reading on next
                     legislative day HJ-21
   03/20/98  House  Read third time and returned to Senate with
                     amendments HJ-6
   03/27/98  Senate House amendment amended SJ-16
   03/27/98  Senate Returned to House with amendments SJ-16
   04/01/98  House  Non-concurrence in Senate amendment HJ-26
   04/02/98  Senate Senate insists upon amendment and conference
                     committee appointed  Sens. Martin, Alexander,
                     Waldrep SJ-29
   04/07/98  House  Conference committee appointed  Miller, Edge &
                     Davenport HJ-389

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.

A BILL

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:

"Article 9

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.