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Current Status Bill Number:View additional legislative information at the LPITS web site.1337 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000413 Primary Sponsor:Passailaigue All Sponsors:Passailaigue, McConnell, Courson, Moore, Short, Giese, Ravenel, Hutto, Richardson, Peeler Drafted Document Number:l:\s-res\elp\022civi.fc.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Civil War Heritage Trust Program established, Commission, Board and Preserve; Natural Resources, Confederacy History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000425 Introduced, read first time, 20 HANR referred to Committee Senate 20000420 Co-Sponsor added by Senator Hutto Richardson Peeler Senate 20000420 Read third time, sent to House Senate 20000419 Read second time ------ 20000418 Scrivener's error corrected Senate 20000413 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on April 13, 2000 - Word format Revised on April 18, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 13, 2000
S. 1337
Introduced by Senators Passailaigue, McConnell, Courson, Moore, Short, Giese and Ravenel
S. Printed 4/13/00--S. [SEC 4/18/00 10:03 AM]
Read the first time April 13, 2000.
TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO ESTABLISH THE SOUTH CAROLINA CIVIL WAR HERITAGE TRUST PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 51 of the 1976 Code is amended by adding:
Section 51-18-10. The following words or phrases have the definition given unless clearly specified otherwise:
(1) 'Commission' means the governing board of the Civil War Heritage Trust Program.
(2) 'Advisory board' means the Civil War Heritage Trust Advisory Board.
(3) 'Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain landforms, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics that are unique to and relatively undisturbed since the time period of the Civil War.
(4) 'Natural feature' means an area of land or water or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of geological formations, or objects of special scientific, educational, aesthetic, or recreational character, which are unique to and relatively undisturbed since the time period of the Civil War.
(5) 'Cultural area or feature' means an area or feature that provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of an historic area, as well as through study, investigation, and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.
(6) 'Civil War Heritage Preserve' means a natural or cultural area or feature which is 'dedicated' under this chapter.
(7) 'Civil War Heritage Site' means a natural or cultural feature that has been recognized as such through 'registration' under this chapter.
(8) 'Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Civil War Heritage Preserve in accordance with the procedures set out in Section 51-18-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the commission or the advisory board under this chapter:
(a) 'Acquisition' means the establishment of a Civil War Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the commission for such purpose; or
(b) 'Acceptance' means the establishment of a Civil War Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the commission for such purpose. Examples are granting of a 'conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.
(9) 'Register or registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the commission recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-18-100.
(10) 'Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the commission, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Civil War Heritage Preserves and Sites.
(11) 'The Civil War Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use, and management of unique and outstanding natural or cultural areas and features in this State.
(12) 'Civil War Heritage Trust' means the legal trust that is created under Section 51-18-90.
Section 51-18-20. The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the State rich in history be set aside as Civil War Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for historic and cultural research and as living museums where people may observe and enjoy examples of the lands, structures, and related artifacts that represent significant parts of our historical and cultural heritage.
A coordinated and concerted program is needed to insure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing, and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so.
It is, therefore, the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of historically significant cultural areas and features by establishing a system of Civil War Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of Civil War Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
Section 51-18-30. The Civil War Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:
(1) for research in such fields as history, archeology, agriculture, forestry, paleontology, and similar fields by governmental employees, educational and scientific groups, as well as by private individuals;
(2) for the teaching of history, archeology, agriculture, forestry, paleontology, and other subjects;
(3) as cultural materials;
(4) as places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy unique recreational opportunities of a type not generally available through the existing State Park System;
(5) to promote the understanding and appreciation of the aesthetic, historical, cultural, and scientific values of such areas and features by the people of the State;
(6) for the preservation and protection of Civil War Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character; and
(7) as places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
Section 51-18-40. There is created a Civil War Heritage Trust Commission which must consist of nine members. Three members must be appointed from the Senate by the President Pro Tempore of the Senate; three members must be appointed from the House of Representatives by the Speaker of the House; and three members must be appointed by the Governor with the advice and consent of the Senate, one at the recommendation of civil war historical groups such as Sons of Confederate Veterans and Daughters of the Confederacy, one at the recommendation of African-American historical groups such as Avery Institute, and one from historical, preservation, and archeological groups such as the South Carolina Historical Society and Daughters of the American Revolution. The terms of the members shall be coterminous with the term of their appointing authority. The commission shall elect a chairman from among its membership and such other officers as it shall deem necessary.
Section 51-18-50. The Civil War Heritage Trust Commission shall have the following powers and duties:
(1) to select and employ a staff which shall be primarily responsible for the administration of the Civil War Heritage Trust Program;
(2) to accept and utilize such other staff and support services as the House, Senate, or Governor's Office may from time to time make available to the commission to assist in fulfilling its duties and responsibilities under this chapter;
(3) to maintain a public record of any inventories or lists established under this chapter;
(4) to work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and/or cultural areas and features as Civil War Heritage Preserves and Sites and keep the advisory board informed of the same in order that the advisory board may make recommendations to the commission, as provided under this chapter;
(5) to consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism, and any other state, county, or local unit of government, or any private entity or group which is or should be directly involved in the Civil War Heritage Trust Program, as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the commission shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body;
(6) to serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder;
(7) to supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as Civil War Heritage Preserves and Sites;
(8) to select from the recommendations of the advisory board those natural, manmade, and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features;
(9) to select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as Civil War Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition;
(10) to select from the recommendations of the advisory board those Civil War Heritage Preserves, interests therein, or portions thereof, deserving of protection under the Civil War Heritage Trust and thereafter to transfer same into the corpus of the trust;
(11) to conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a Civil War Heritage Preserve or Site, or on the uses or prohibited uses which shall apply to any area dedicated under the Civil War Heritage Trust Program;
(12) to manage or provide for the management of Civil War Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be assigned to any governmental or private group, with its consent, with respect to any particular Civil War Heritage Preserve;
(13) to cooperate with and to enter into agreement with other state, federal, county, and local units of government, as well as private groups, for the promotion of the purposes of this chapter, including the carrying out of other requirements under federal and state law; and
(14) to report annually to the Governor and to the General Assembly as to the activities of the Civil War Heritage Trust Program and its future plans and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.
Section 51-18-60. The Civil War Heritage Trust Advisory Board is hereby created to assist the commission in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of eleven members who shall be chosen as follows and shall elect from its membership a chairman:
(1) From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor with the advice and consent of the Senate and serve for a term of six years. These persons shall be residents of the State who are recognized experts in the history and archeology of the State who have demonstrated an interest in historical, cultural, and natural preservation of historical sites and who have a background in South Carolina history and/or African-American history and/or Confederate history. The term `expert' does not of necessity denote a professional but one learned and interested in the field.
(2) From state government, the following persons or their designees:
(a) the Chairman of the Board of the Department of Natural Resources;
(b) the Director of the South Carolina Department of Parks, Recreation and Tourism;
(c) the Chairman of the Board of the Department of Archives and History;
(d) the Chairman of the Board of the State Museum Commission; and
(e) the Curator or Director of the Confederate Relic Room.
Provided, however, of the initial appointees under this section, that of the six persons appointed under item (1) above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years.
Section 51-18-70. The Civil War Heritage Trust Advisory Board shall have the following powers and duties:
(1) to review the inventories prepared and submitted by the commission and other state agencies, as well as other appropriate sources of information, and to recommend therefrom to the commission the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter;
(2) to evaluate, review, and examine proposals of the commission and other state agencies, as well as citizen recommendations, for the dedication or recognition of specific areas and features as Civil War Heritage Preserves and Sites, and from its expertise to recommend to the commission the dedication or recognition of such areas and features which it feels proper;
(3) to recommend to the commission any rules, regulations, management criteria, allowable uses, and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter;
(4) to assist in maintaining a list of areas and sites which through dedication become Civil War Heritage Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like; and
(5) to utilize the resources of the agencies represented on the board to do research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
Section 51-18-80. (A) Upon recommendation of the advisory board and approval by the commission, any area or feature on the Priority Areas and Features List may be established as a Civil War Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written Dedication Agreement with the commission whereby any restrictions, conditions, permitted and non-permitted uses of the area or feature involved are clearly stated. Once the necessary deed, easement, or the like has been filed along with the Dedication Agreement in the real estate records for the county in which the area or feature is located, the process of dedication shall be complete and a Civil War Heritage Preserve shall have formally been established.
(B) No area or feature of primarily cultural significance or character shall be dedicated without the approval of the commission. The following restrictions shall apply to all Civil War Heritage Preserves:
(1) The primary dedication as a Civil War Heritage Preserve shall be to preserve and protect the natural or cultural character of any area or feature so established. The commission and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best, and most important use for the public benefit. No Civil War Heritage Preserve shall be taken for any other public purpose unless the approval of both the commission and the Governor has been obtained. In no case shall any Civil War Heritage Preserve be taken for any private use.
(2) An acquisition by dedication shall be in perpetuity.
(3) In any case where an area or feature is dedicated as a Civil War Heritage Preserve through acceptance of less than the fee simple interest therein, no management of such property shall be performed by state agencies or their employees and no public funds shall be utilized in the upkeep or general maintenance of such property; provided, in the case where public usage of such area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such, as defined under this chapter, reasonable costs of maintenance and management may be borne by the State.
(4) No acquisition of any area or feature as a Civil War Heritage Preserve shall be allowed whereby the commission receives the fee simple interest in the property while the grantor or transferor retains the beneficial use or interests in the land, except where total and complete public usage of the area or feature, as allowed under this chapter, is agreed to in the Dedication Agreement.
(5) Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a Civil War Heritage Preserve, or as soon thereafter as possible, the commission shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and prohibited uses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the Civil War Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be allowed to have input into the proposed management plan. The plan shall be considered by the advisory board, and therefrom the advisory board shall propose to the commission an overall management plan for the area or feature concerned. Upon approval by the commission of a plan, the commission or that agency or group authorized by the commission shall manage the Civil War Heritage Preserve in accordance therewith.
Section 51-18-90. There is hereby created the South Carolina Civil War Heritage Trust, the trustee of which shall be the Civil War Heritage Trust Commission. The corpus of the trust shall be made up of those Civil War Heritage Preserves which the commission considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree of preservation than that provided by dedication. The commission shall have authority to place into the corpus of the trust any Civil War Heritage Preserve that it feels meets this criteria and which has been recommended for inclusion therein by the advisory board. The beneficiaries of this trust are and shall be the present and future generations of citizens of the State, more particularly those present and future citizens residing within a close proximity to any area or feature which itself, or an interest therein, becomes, constitutes, or comprises a part of the corpus of such trust and who actually enjoy use of such area or feature; and further and more particularly, those present and future students, teachers, and persons residing in the State who are concerned with conservation or with research in any facet of ecology, history, or archeology and who actually utilize any such area or feature for the promotion of such interest.
Wherever the term 'area or feature' is used in this section, it shall include 'or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature, which becomes a part of the corpus thereof:
(1) Upon approval by the commission of the inclusion of a Civil War Heritage Preserve in the corpus of the South Carolina Civil War Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the South Carolina Civil War Heritage Trust.
(2) In any case wherein the previous owner of a Civil War Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Civil War Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Civil War Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina Civil War Heritage Trust unless, at a subsequent time, such approval is obtained from such person or his successor in interest.
(3) Upon the approval by the commission of the inclusion of any Civil War Heritage Preserve in the South Carolina Civil War Heritage Trust and the transfer of the title or interest held by the commission therein to the trust, subject to the provisions of item (2) of this section, legal title to such area or feature shall be conveyed to the trustee of the South Carolina Civil War Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication.
(4) Upon approval by the advisory board, the commission and any agency of the State are hereby authorized to enter into agreement in advance with any person, firm, corporation, legal entity of government, or any private group that any particular area or feature shall be conveyed to the trustee in trust under the provisions of this chapter.
(5) Upon approval by the commission of inclusion of any Civil War Heritage Preserve into the corpus of the South Carolina Civil War Heritage Trust, the advisory board shall review the management plan therefore, as well as the Dedication Agreement, and any other sources of information which it may consider appropriate. Upon approval thereof by the commission, the commission or that agency or group assigned management responsibilities therefore shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the Dedication Agreement, the following substantive terms shall be deemed to be set forth in the conveyance to the Civil War Heritage Trust and the trustee shall hold such property in trust subject to such terms:
(a) The essential natural character of the property shall be maintained.
(b) There shall be no erection or any improvements thereon except those improvements necessary for the security, safety, or convenience of the public and those required for maintenance, historical interpretation, and management or to restore it to its Civil War state.
(c) Cutting or burning of timber, wood, or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna, or wildlife; or for the establishment and maintenance of nature and hiking trails, picnic areas, camping areas, and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property.
(d) No stream shall be dammed or have its course altered except to return it to its natural flow.
(e) No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned.
(f) No change shall be made in the general topography of the area or feature, except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation or observation or to return worn or altered topographical features to their original historical features, and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result.
(g) No activity shall be allowed or permitted which might pollute any stream, body of water, or the atmosphere.
(h) No signs, billboards, or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area, historical interpretation, or feature as a Civil War Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee.
(i) No other acts or uses which are detrimental to the retention of the property in its natural or historical state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation.
(j) Where cultural areas or features are involved, reasonable excavation, improvement, and the like shall be allowed for research purposes, as well as to restore such areas or features, and for historical interpretation.
(k) The trust shall continue in perpetuity.
(l) Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes.
(6) Those natural and related cultural areas and features that are acquired as Civil War Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best, and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the Civil War Heritage Trust; provided, however, that before any such condemnation shall occur a court of competent jurisdiction shall determine the following:
(a) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;
(b) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and
(c) that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the Civil War Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the Civil War Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The trustee of the trust shall have authority to utilize such proceeds to acquire additional property for the trust and to maintain those properties that form the corpus of the trust.
(7) The common law of South Carolina pertaining to trusts shall be applicable to the Civil War Heritage Trust and to all areas or features, or interests therein, which become parts of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust.
(8) The trustee shall hold, manage, preserve, and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public and may employ or appoint agents to act on their behalf in the management of such properties.
Section 51-18-100. In any case wherein a priority feature is either unsuited or unavailable for acquisition as a Civil War Heritage Preserve, the commission in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:
(1) The commission through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.
(2) The advisory board shall review such applications and shall recommend to the commission the approval of those which it deems worthy of preservation through registration as Heritage Sites.
(3) From the advisory board's recommendations, the commission shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.
(4) Upon approval of an application by the commission, the commission may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it.
(5) The commission shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.
(6) The registration agreement may be terminated by the owner or the commission at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the commission by the property owner.
(7) Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
Section 51-18-110. The commission shall annually request such appropriations as it deems necessary to carry out the activities of the commission and the advisory board. Funding for management of areas and features that become Civil War Heritage Preserves must be specifically requested by the commission or that entity of government responsible for management thereof.
The commission shall select those Civil War Heritage Preserves for which it is appropriate to charge an individual user fee. The commission may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all Civil War Heritage Preserves where a permit is required. At the end of the fiscal year, the commission shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
Section 51-18-115. There is created the Civil War Heritage Preserve Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain and no funds may be expended to acquire interest in property without the approval of a majority of the Civil War Heritage Trust Commission. The commission shall report by letter to the Speaker of the House of Representatives and the President Pro Tempore of the Senate not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied. The trust fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Civil War Heritage Preserve acquired under this section, or products of the preserve such as timber, utility easement rights, and the like, accrue to the fund.
Section 51-18-118. The trust is authorized to receive and dispose of donations of real and personal property. In furtherance of this section the commission may:
(1) receive donations of real and personal property including, but not limited to, land, houses, stocks, and bonds;
(2) on its own or by its agent, sell donated property and deposit any proceeds to the Heritage Land Trust Fund for use in accordance with the purposes established in this chapter;
(3) establish minimum acceptable prices for disposition of donated property;
(4) trade donated property for property of equal value;
(5) promote donations to the program through advertising; or
(6) decline donations for any reason.
Section 51-18-120. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest, or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a Civil War Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement, and the rules and regulations of the commission applicable thereto.
Neither the acquisition of any Civil War Heritage Preserve nor the registration of any Heritage Site nor any action taken by the commission under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a Civil War Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
Section 51-18-130. (A) Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter. The Attorney General shall enforce the rules and regulations of the commission both as they apply to those areas dedicated, as well as those that are subsequently made a part of the corpus of the South Carolina Civil War Heritage Trust. In exercise of this authority, the Attorney General may, among other things, and at the request of the commission, bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
(B)(1) A person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.
(2) A person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.
Section 51-18-140. Not more than twenty thousand acres of real property shall be acquired in fee under the provisions of this chapter. Moreover, no acquisition shall be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located.
Section 51-18-150. The Civil War Heritage Trust Commission, as trustee for the Civil War Heritage Preserve Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Civil War Heritage Preserve Trust Fund and planned acquisitions for the next five years."
SECTION 2. Section 12-6-5060 of the 1976 Code is amended to read:
"Section 12-6-5060. (A) Each taxpayer required to file a state individual income tax return may contribute to the Civil War Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to as created by Section 20-7-5010, or the Eldercare Trust Fund of South Carolina established pursuant to as created by Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to as created by Section 20-7-9740 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.
(B) All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.
(C) The department shall determine and report annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any funds are expended, as provided in this section.
(D) The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.
(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act, as contained in Chapter 56, Title 33."
SECTION 3. Item (42) of Section 12-37-220 (B) of the 1976 Code is amended to read:
"(42) Property held in trust under the provisions of Chapter 18 of Title 51 of the Code of Laws and All all real property of charitable trusts and foundations held for historic preservation of forts and battlegrounds which extends beyond the buildings and premises actually occupied by the charitable trusts and foundations which own the real property if no profit or benefit from any operation on the charitable trusts' and foundations' real property inures to the benefit of any private stockholder or individual and no income producing ventures are located on the charitable trusts' and foundations' real property. This exemption does not change any exemption provided for charitable trusts and foundations in item (4) of subsection (A) of this section and item (d), Section 3, Article X of the Constitution of this State but is an additional exemption for charitable trusts and foundations for historic preservation, as provided in this item."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:11 A.M.