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COMMITTEE REPORT
February 7, 2002
S. 856
Introduced by Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond
S. Printed 2/7/02--H.
Read the first time January 29, 2002.
To whom was referred a Bill (S. 856) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 1, page 2, line 29, Section 12-28-2730(A) by striking the last sentence of subsection (A) and inserting:
/ All balances in the fund must be carried forward annually so that no part of it reverts to any other fund. /
When amended, Section 12-28-2730(A) shall read:
/ (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. /
Amend the bill further, SECTION 1, page 2, line 38, Section 12-28-2730(B), by adding a new sentence at the end of subsection (B) to read:
/ 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. /
When amended, Section 12-28-2730(B) shall read:
/ (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. /
Amend the bill further, SECTION 1, page 3, line 9, Section 12-28-2730, by adding a new subsection to read:
/ (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 Recreation Resource Fund created by Section 12-28-2730 must be allocated to the fund created by this section. /
Renumber sections to conform.
Amend title to conform.
CHARLES R. SHARPE for Committee.
REVENUE IMPACT 1/
This bill would have no impact on general fund revenue in FY 2002-03. This bill is expected to have no net impact on revenues allocated to the DNR in FY 2002-03.
Explanation
This bill recreates the Water Recreational Resources Fund (WRR) within DNR to be funded from one percent of the proceeds from thirteen cents of the gasoline tax imposed by Section 12-28-310. The bill revises the section to authorize the DNR to expend funds for projects to acquire, create, or improve water recreational resources in public waters in this State. Fund allocations must be apportioned based upon the number of registered boats or other watercraft in each county. The DNR must give priority consideration to those projects recommended by each county delegation. Any revenue collected or any funds remaining in the WRR Fund created by Act 1134 of 1968, as amended, must be transferred to the fund created by this act.
Approximately $2.8 million in gasoline taxes is allocated annually to the WRR Fund. The recreation of the WRR Fund under authority of the DNR will ensure that funds currently frozen by result of litigation will not revert to the Department of Transportation. This bill is not expected to have an impact on general fund revenue in FY 2002-03 and the recreation of the WRR is expected to have no net impact on DNR earmarked funds in FY 2002-03.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact.
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.
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