(A) There is created a seventeen-member board of directors, fifteen of which must be appointed by the Governor. The Governor shall appoint two board members from each congressional district and one board member from the State at large, who shall serve as the chairman. All terms are for four years and members shall serve until their successors are appointed and qualify. In addition, notwithstanding the provisions of Section 8-13-770, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, or their designees, shall serve as members of the board. The Governor must exercise due diligence in appointing a chairman and board members with backgrounds and experience in conservation, preservation, or recreation, or a combination of those backgrounds.
(B) The board of directors shall:
(1) establish criteria and requirements to determine funding guidelines and funding decisions including the requirement of a commitment to preservation, conservation, and recreation;
(2) decide, based on those criteria and requirements, which entities may receive funding from the Legacy Trust Fund;
(3) give primary consideration to projects, acquisitions, and restorations that demonstrate cooperative efforts among eligible agencies and organizations, including joint matching funding, joint administrative duties, and projects that serve several interests;
(4) submit an annual report to the General Assembly and the State Fiscal Accountability Authority and the Department of Administration which must include a list of the funding recipients, a description of the projects, and a description of the benefits brought about as a result of the funding.
(C) The Legacy Trust Fund shall be a part of the Governor's Office. Staff shall be appointed by the board upon consent of the Governor to carry out the purposes of this chapter. The staff shall be paid with monies from the Legacy Trust Fund. The staff shall report to the board of directors and the Governor.
HISTORY: 1995 Act No. 145, Part II, Section 69, eff June 29, 1995; 2012 Act No. 279, Section 24, eff June 26, 2012.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment rewrote subsection (A).