H 4517 General Bill, By Sharpe, Wilkins and Sandifer

Similar(S 856)
 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, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

   01/16/02  House  Introduced, read first time, placed on calendar
                     without reference HJ-9
   01/17/02  House  Debate adjourned until Wednesday, January 23,2002
                     HJ-186
   01/23/02  House  Committed to Committee on Ways and Means HJ-15
   01/24/02  House  Member(s) request name added as sponsor: Sandifer

Indicates New Matter

INTRODUCED

January 16, 2002

    H. 4517

S. Printed 1/16/02--H.

Read the first time January 16, 2002.

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, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

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

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 only imposed pursuant to this chapter must be transmitted to the Department of Natural Resources to be placed to the credit of a special water recreational resources fund of the State Treasury, and all balances in the fund must be carried forward annually so that no part of it reverts to the general fund of the State. All of the funds must be allocated based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident senators, if any, for the purpose of water recreational resources. The amounts allocated must be deducted from the gross proceeds of the gasoline tax before net proceeds to be distributed are determined. This section does not reduce the one cent a gallon license tax credited to the general fund of the State pursuant to Section 12-28-2720.

    (B) The governing body of a coastal county, upon recommendation of a majority of the legislative delegation, including a majority of the resident senators, shall refund to a person purchasing gasoline for use in commercial or charter fishing boats operated exclusively in the coastal waters of this State, all or a portion of the state tax on the gasoline returned to the county pursuant to this section. The refund, if any, must be made pursuant to regulations established by the governing body of the county.

    (C) The Department of Natural Resources must be reimbursed for engineering, design, rehabilitation, and law enforcement costs incurred in the administration of the provisions of this section. The Department of Natural Resources must be reimbursed for noxious aquatic weed treatment. Funds for law enforcement and noxious aquatic weed treatment may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement must be transferred from funds collected under the provisions of this section.

    (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 the general 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.

    (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, as amended, must be transferred to the fund created by this act."

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