A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 48-59-30, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE TRUST FUND RECIPIENT"; BY AMENDING SECTION 48-59-40, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK BOARD, SO AS TO ADD THE CHIEF RESILIENCE OFFICER OF THE OFFICE OF RESILIENCE; AND BY AMENDING SECTION 48-59-100, RELATING TO PUBLIC ACCESS REQUIREMENTS, SO AS TO REQUIRE FEE SIMPLE INTEREST ACQUIRED WITH TRUST FUNDS TO PROVIDE FOR PUBLIC ACCESS USE AS APPROVED BY THE BOARD BUT NOT REQUIRE PUBLIC ACCESS FOR GRANTS TO FUND CONSERVATION EASEMENTS ON PRIVATE LANDS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 48-59-30(4) of the S.C. Code is amended to read:

 

    (4) "Eligible trust fund recipient" means:

       (a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:

           (i) South Carolina Department of Natural Resources,

           (ii) South Carolina Forestry Commission, and

           (iii) South Carolina Department of Parks, Recreation and Tourism.

       (b) a municipality of this State and any agency, commission, or instrumentality of such a municipality;

       (c) a county of this State and any agency, commission, or instrumentality of such county; or

       (d) a not-for-profit charitable corporation or trust authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation or historic preservation purposes and whichthat has tax-exempt status as a public charity under the Internal Revenue Code of 1986 and that certifies liquid assets of at least one hundred thousand dollars or is accredited by the Land Trust Alliance.

 

SECTION 2.  Section 48-59-40(A) of the S.C. Code is amended to read:

 

    (A) There is established the South Carolina Conservation Bank. The bank is governed by a seventeeneighteen-member board selected as follows:

       (1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Director of the South Carolina Department of Parks, Recreation and Tourism, and the Chief Resilience Officer of the South Carolina Office of Resilience, or their designees, all of whom shall serve ex officio and without voting privileges;

       (2) three 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 Congressional Districts and one member from the State at large; and

       (4) four members appointed by the President of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts.

 

SECTION 3.  Section 48-59-100 of the S.C. Code is amended to read:

 

    Section 48-59-100. Notwithstanding any other provision of this chapter, an easementacquisition of a fee simple interest acquired in whole or in part with trust funds must provide for public access consistent with the uses permitted by the terms of the easementapproved by the board. No public access shall be required for grants that fund the acquisition of conservation easements on private lands.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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