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Current Status Bill Number:View additional legislative information at the LPITS web site.1279 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:20020514 Primary Sponsor:Grooms All Sponsors:Grooms Drafted Document Number:l:\council\bills\swb\5368djc02.doc Residing Body:Senate Current Committee:Fish, Game and Forestry Committee 07 SFGF Subject:Off-road motorcycle and ATV activity, study committee created to study opportunities for trails on state owned land History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020514 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill
TO CREATE A STATE GOVERNMENT INTERAGENCY STUDY COMMITTEE TO STUDY STEPS TO BE TAKEN TO PROVIDE OPPORTUNITIES FOR TRAILS ON STATE OWNED OR LEASED LAND OR PRIVATELY OWNED LAND FOR OFF-ROAD MOTORCYCLE AND ALL TERRAIN VEHICLE RECREATIONAL ACTIVITY; TO PROVIDE FOR THE STUDY COMMITTEE MEMBERSHIP; AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 14, 2003, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Whereas, in 2000, South Carolina ranked twenty-sixth in the United States in the sale of off-highway motorcycles and twenty-eighth in the sale of all terrain vehicles; and
Whereas, the State of South Carolina and local governments have provided economic incentives to attract one or more manufacturers of all terrain vehicles to the State; and
Whereas, there are in excess of thirty thousand off-road motorcycles and fifty-five thousand all terrain vehicles in South Carolina; and
Whereas, the purchasers of these vehicles pay sales or use taxes to the State of South Carolina; and
Whereas, the gasoline utilized in such vehicles is subject to a state tax for state highway and road construction and maintenance notwithstanding that such vehicles are not operated on state highways and roads; and
Whereas, governmental agencies of the State of South Carolina have studied the demand for recreational opportunities for riders of all terrain vehicles and off-road motorcycles on public or private lands; and
Whereas, there are substantial legal and financial impediments to the creation of trails for public use; and
Whereas, other states have seen a significant economic benefit in tourism and travel-related expenditures directly attributable to the creation of off-road trails on lands owned or leased by the states; and
Whereas, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, and the South Carolina Forestry Commission have possession and control of land owned by or leased to the State of South Carolina; and
Whereas, the federal government makes funds available to the State of South Carolina through the Recreational Trails Program, and requires that thirty percent of the funds be reserved for the construction and maintenance of trails dedicated to off-road motorized uses; and
Whereas, riders of off-road motorcycles and all terrain vehicles have indicated a willingness to be subject to the payment of user fees in exchange for increased opportunities to ride on state-owned or leased land; and
Whereas, the creation and maintenance of trails under the control of the State of South Carolina will provide for motorized use subject to reasonable regulations to improve the safety of such activities and to diminish any adverse environmental consequences. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created a State Government Interagency Committee to study and report to the General Assembly on the necessary steps to be taken to provide opportunities for trails on state-owned or leased land and privately owned land for off-road motorcycle and all terrain vehicle recreational activity.
(B) The committee is composed of the following members:
(1) two persons appointed by the Governor, both of whom must own land on which off-road motorcycle and all terrain vehicle activity is conducted;
(2) two members of the Senate, appointed by the President Pro Tempore of the Senate;
(3) two members of the House of Representatives, appointed by the Speaker of the House of Representatives;
(4) the Director of the Department of Parks, Recreation and Tourism or his designee;
(5) the Director of the Department of Natural Resources or his designee;
(6) the State Forester, or his designee; and
(7) the sixteen members of the State Recreational Trail Advisory Board representing motorized trail users, or their designees.
(C) The members of the committee shall serve until their successors are appointed and qualify or the committee is dissolved. Vacancies on the committee must be filled in the manner of the original appointment and for the remainder of the unexpired term. The committee is co-chaired by the senior majority member of the Senate and the senior majority member of the House of Representatives who are serving on the committee.
(D) The staffing for the committee must be provided by the standing committees of the House of Representatives and the Senate having oversight over the Department of Parks, Recreation and Tourism, the Department of Natural Resources, and the State Forestry Commission, and by employees of the Department of Natural Resources, the Department of Parks, Recreation and Tourism, and the State Forestry Commission as the committee determines appropriate.
(E) The committee must render its report and recommendations to the General Assembly before January 14, 2003, at which time it is dissolved.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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