S*0856(Rat #0205, Act #0187 of 2002)  General Bill, By Martin, McConnell, 
Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, 
Richardson, Verdin, Land, Setzler, Waldrep and Drummond

Similar(H 4517)
 A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF
 NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF
 A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE
 DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND
 EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT
 COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT
 RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL
 RESOURCES, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE THIRD OF THE FUNDS FOR
 LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE
 THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES
 FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE
 THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE
 FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND
 THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE
 SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION
 OF PROCEEDS FROM THE SALE OF THE DEPARTMENT'S SURPLUS PROPERTY ORIGINALLY
 PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT
 THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL
 INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES
 FUNDS.-amended title

   01/09/02  Senate Introduced and read first time SJ-6
   01/09/02  Senate Referred to Committee on Finance SJ-6
   01/22/02  Senate Recalled from Committee on Finance SJ-3
   01/23/02  Senate Read second time SJ-22
   01/23/02  Senate Ordered to third reading with notice of
                     amendments SJ-22
   01/24/02  Senate Read third time and sent to House SJ-17
   01/29/02  House  Introduced and read first time HJ-16
   01/29/02  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-16
   02/07/02  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-2
   02/13/02  House  Debate adjourned until Thursday, February 14,
                     2002 HJ-13
   02/14/02  House  Amended HJ-20
   02/14/02  House  Requests for debate-Rep(s). Klauber, Carnell,
                     Parks, Bales and Taylor HJ-21
   02/19/02  House  Requests for debate removed-Rep(s). Klauber and
                     Taylor HJ-34
   02/19/02  House  Read second time HJ-34
   02/20/02  House  Read third time and returned to Senate with
                     amendments HJ-12
   02/27/02  Senate Concurred in House amendment and enrolled SJ-16
   03/07/02         Ratified R 205
   03/12/02         Signed By Governor
   03/26/02         Effective date 03/12/02
   03/26/02         Copies available
   04/24/02         Act No. 187

AN ACT TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE-THIRD OF THE FUNDS FOR LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION OF PROCEEDS FROM THE SALE OF THE DEPARTMENT'S SURPLUS PROPERTY ORIGINALLY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS.

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

Distribution of gasoline tax to Department of Natural Resources; water recreational resources fund created

SECTION 1. Section 12-28-2730 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"Section 12-28-2730. (A) One percent of the proceeds from thirteen cents of the gasoline tax imposed pursuant to this chapter must be transmitted to the Department of Natural Resources for a special water recreational resources fund of the State. All balances in the fund must be carried forward annually so that no part of it reverts to any other fund.

(B) The fund must be apportioned based upon the number of registered boats or other watercraft in each county and expended by the department to acquire, create, or improve water recreational resources. As used in this section, 'water recreational resources' means public waters which are naturally occurring or which provide habitat for fish, aquatic animals, or waterfowl and which must provide public recreational opportunities. These funds may be used to promote activities that take place on the water for recreation provided that no more than ten percent of each annual allocation may be used for this purpose beginning July 1, 2003.

(C) Each county delegation may make recommendations to the South Carolina Department of Natural Resources for projects to acquire, create, or improve water recreational resources. The department must give these recommendations primary consideration over any other projects.

(D) The Department of Natural Resources may use up to one-third of the funds for law enforcement, noxious aquatic weed control, and acquisition. The department must be reimbursed for design and engineering costs and administration of this section from the funds collected under the provisions of this section.

(E) Any revenue collected or any funds remaining in the Water Recreational Resources Fund created by Act 1134 of 1968, must be transferred to the fund created by this act.

(F) Any funds collected by the state treasury between January 7, 2002, and the effective date of this act which would have been allocated to the Water Recreational Resources Fund created by Section 12-28-2730 must be allocated to the fund created by this section.

(G) The department must dispose of all surplus property owned by the department or subject to its custody and control for purposes of disposal in the manner provided by law for the disposition of surplus state property. Notwithstanding another provision of law or policy, it is unlawful for retired employees of the department to purchase surplus property directly from the department. It is not unlawful for retired employees to purchase surplus property that is disposed of according to law and sold at public auction.

(H) All proceeds from the sale of the department's surplus property that was originally purchased with a county's water recreational resources fund must be returned to the county that originally purchased the property and placed in that county's water recreational resources fund.

(I) Beginning with property purchased during fiscal year 2000, the department must provide the legislative delegations of each county with an annual inventory of all property purchased with the county's water recreational resources fund on or before the beginning of the next ensuing session of the General Assembly."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 7th day of March, 2002.

Approved the 12th day of March, 2002.