253.380.  Pansy Johnson-Travis memorial state gardens and trust fund. — 1.  The state of Missouri may accept in trust a sum of money or other valuable assets to be held for a period of one hundred years in interest-bearing investments as a permanent endowment fund for the benefit and development of the Pansy Johnson-Travis Memorial State Gardens.  There is hereby created the "Pansy Johnson-Travis Memorial State Gardens Trust Fund" in the state treasury.  All money, funds, and securities given, bequested, or devised to the state of Missouri by Miss Pansy Johnson for the benefit of the Pansy Johnson-Travis Memorial State Gardens and all other property, real and personal, acquired through any grant, gift, donation, devise or bequest to or for the use of the state of Missouri for such purpose shall be deposited in the Pansy Johnson-Travis Memorial State Gardens trust fund as a permanent endowment.  All income, interest, rights or rent earned through the operation of the fund shall also be credited to the fund.  The money, bonds, and other securities of the fund shall be kept safely invested for a period of one hundred years after receipt of the first payment or installment into the fund so as to earn a reasonable return.  The state treasurer shall select such investments as are permitted by the laws of Missouri and shall make such investments as he deems reasonable and prudent.

  2.  Upon the expiration of one hundred years from the date of the receipt of the first payment or receipt into the Pansy Johnson-Travis Memorial State Gardens trust fund, the governor of the state of Missouri shall designate the appropriate state agency to utilize the money in the fund to establish, develop and maintain the Pansy Johnson-Travis Memorial State Gardens.  The Pansy Johnson-Travis Memorial State Gardens shall be in the nature of a permanent place of natural beauty and recreation and may take the form of a botanical garden, flower garden or fountain park.  The Pansy Johnson-Travis Memorial State Gardens shall be located east of the Gasconade River in that area of the state which was Maries County as it existed in 1985 as described in section 46.111, as such section existed on August 13, 1986.

  3.  The Pansy Johnson-Travis Memorial State Gardens shall be designed as a place of beauty utilizing flowers, shrubs, and trees to include scenic pathways and rest areas but shall not contain playgrounds, campgrounds, cooking facilities, or other physical recreational facilities normally found in state parks and recreational areas.  A suitable marker shall be installed in the gardens identifying the area as follows:    

  4.  The state treasurer shall be the custodian of all money, bonds, securities or interests and rights therein deposited in the Pansy Johnson-Travis Memorial State Gardens trust fund and he and his sureties are responsible for his official bond for the faithful performance of his duties in the safekeeping of all money or property in the fund.

  5.  Eighty-five years after the date of the receipt of the first payment or receipt into the Pansy Johnson-Travis Memorial State Gardens trust fund, the governor shall appoint a planning board to begin planning and development of the Pansy Johnson-Travis Memorial State Gardens, including the advance acquisition of land, but the actual construction of the gardens shall not commence until the expiration of one hundred years after the date of the receipt of the first payment or receipt into the trust fund.  The board shall consist of the state treasurer or his designee, the person responsible for the operation of the state park program or his designee, and three citizens of this state who are residents of the area in which the Pansy Johnson-Travis Memorial State Gardens will be located as provided in subsection 2 of this section.

  6.  Funds for the Pansy Johnson-Travis Memorial State trust fund shall be expended only upon appropriation by the general assembly.