H 3652 General Bill, By R.A. Barber and M.F. Jaskwhich
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 57-11-25 and 57-11-26 so as to create the South Carolina Recreational Trail
 Advisory Board, prescribe its membership, powers, and duties, and require the
 South Carolina Tax Commission to estimate the revenue from taxes imposed on
 nonhighway recreational fuel and certify this amount to the Department of
 Highways and Public Transportation which shall set aside this amount from the
 State Highway Fund for the purpose of administering the program described
 under the Symms National Recreational Trails Act of 1991.

   03/08/93  House  Introduced and read first time HJ-6
   03/08/93  House  Referred to Committee on Ways and Means HJ-6

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 57-11-25 AND 57-11-26 SO AS TO CREATE THE SOUTH CAROLINA RECREATIONAL TRAIL ADVISORY BOARD, PRESCRIBE ITS MEMBERSHIP, POWERS, AND DUTIES, AND REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO ESTIMATE THE REVENUE FROM TAXES IMPOSED ON NONHIGHWAY RECREATIONAL FUEL AND CERTIFY THIS AMOUNT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHICH SHALL SET ASIDE THIS AMOUNT FROM THE STATE HIGHWAY FUND FOR THE PURPOSE OF ADMINISTERING THE PROGRAM DESCRIBED UNDER THE SYMMS NATIONAL RECREATIONAL TRAILS ACT OF 1991.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 57-11-25. (A) The South Carolina Recreational Trail Advisory Board is created. The board is composed of eleven members appointed by the Executive Director of the South Carolina Department of Parks, Recreation and Tourism. The board shall review utilization of funds received by this State for recreational trail purposes. This review includes, but is not limited to, funds received pursuant to the National Recreational Trails Funding Program under the National Recreational Trails Fund Act and relevant provisions of the Intermodal Surface Transportation Act of 1991. The board shall give advice and make recommendations to the appropriate state and local agencies and the General Assembly on all matters dealing with recreational trails in South Carolina.

(B) Membership to the board must consist of representatives of both motorized and nonmotorized recreational trail users within the State. The Executive Director of the Department of Parks, Recreation and Tourism shall consider the interest of the following recreational trail users in choosing membership of the board:

(1) walkers;

(2) runners;

(3) hikers;

(4) off-highway motorcyclists;

(5) all-terrain vehicle riders;

(6) bicyclists;

(7) four-wheel vehicle drivers;

(8) horseback riders;

(9) disabled persons;

(10) inline skaters.

The Executive Director of the Department of Parks, Recreation and Tourism, or his designee, serves as chairman of the board. The members of the board serve without compensation, but those members who are not full-time officers or employees of the State shall receive per diem, mileage, and subsistence as provided by law for members of the boards, commissions, and committees from the state general fund. The Bicycle and Pedestrian Coordinator for the South Carolina Department of Highways and Public Transportation must be assigned by that department to advise and consult with the board.

Section 57-11-26. The South Carolina Tax Commission annually shall estimate the revenues from taxes imposed by this State on `nonhighway recreational fuel' as defined in Section 9503(c)(6) of the Internal Revenue Code of 1986, as amended through December 31, 1992. A certified copy of the estimate must be transmitted to the Department of Highways and Public Transportation, any advisory board established pursuant to 16 U.S.C. Section 1261 et seq., and the state agency designated by the Governor to administer monies received pursuant to the Symms National Recreational Trail Act of 1991. The department shall set aside an amount equal to the estimated tax imposed on nonhighway recreational fuel in a separate account within the state highway fund. The department must transfer funds in this account quarterly to the state agency appointed by the Governor to administer monies received pursuant to the Symms National Recreational Trails Act of 1991."

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