2009-2010 Bill 903: Conservation Bank Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 S. 903 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators McConnell, Land, Setzler, Sheheen, Scott, Elliott, S. Martin, Campsen, Hutto, Davis, 10 Anderson, L. Martin, Rose, Cleary and Cromer 11 Document Path: l:\council\bills\nbd\11592sd10.docx 12 Companion/Similar bill(s): 4269 13 14 Introduced in the Senate on January 12, 2010 15 Currently residing in the Senate Committee on Finance 16 17 Summary: Conservation Bank Act 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 12/9/2009 Senate Prefiled 24 12/9/2009 Senate Referred to Committee on Agriculture and Natural Resources 25 1/12/2010 Senate Introduced and read first time SJ12 26 1/12/2010 Senate Referred to Committee on Agriculture and Natural Resources SJ12 27 3/10/2010 Senate Committee report: Favorable Agriculture and Natural Resources SJ12 28 3/11/2010 Senate Committed to Committee on Finance SJ59 29 30 31 VERSIONS OF THIS BILL 32 33 12/9/2009 34 3/10/2010 35 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 10, 2010 6 7 S. 903 8 9 Introduced by Senators McConnell, Land, Setzler, Sheheen, Scott, 10 Elliott, S. Martin, Campsen, Hutto, Davis, Anderson and L. Martin 11 12 S. Printed 3/10/10--S. 13 Read the first time January 12, 2010. 14 15 16 THE COMMITTEE ON 17 AGRICULTURE AND NATURAL RESOURCES 18 To whom was referred a Bill (S. 903) to amend Act 200 of 2002, 19 relating to the South Carolina Conservation Bank Act, so as to 20 delete a provision which provides that no further deed recording 21 fees or other funds, etc., respectfully 22 REPORT: 23 That they have duly and carefully considered the same and 24 recommend that the same do pass: 25 26 DANIEL B. VERDIN III for Committee. 27 28 29 STATEMENT OF ESTIMATED FISCAL IMPACT 30 REVENUE IMPACT 1/ 31 This bill would decrease general fund revenue by $8,633,495 in 32 FY2009-10 if enacted before the close of the fiscal year. This bill 33 would not affect FY2010-11, because the BEA has already 34 accounted for the transfer of revenue to the Conservation Bank 35 Trust Fund. 36 Explanation 37 This bill would amend Section 5 of Act 200 of 2002 38 (Conservation Bank Act) to amend Section 48-59-75 to change the 39 restrictions on the transfer of deed recording fees from the General 40 Fund to the Conservation Bank Trust Fund. Currently, Section 48- 41 59-75 states that in a fiscal year when the General Assembly in the 42 annual general appropriations act provides less appropriations than

[903-2] 1 what was provided for the previous year to at least one-half of the 2 state agencies or departments contained therein the act or in any 3 year when the Budget and Control Board orders across-the-board 4 cuts to state agencies and departments in the manner provided by 5 law, no further transfer of deed recording fees or other 6 appropriated funds, state or local, may be credited to the trust fund 7 for the fiscal year or balance of the fiscal year. This bill removes 8 the “all-or-none” restriction and would allow the transfer of deed 9 recording fees to the Conservation Bank Trust Fund after being 10 reduced by the average percentage decrease in total general fund 11 appropriations to those agencies receiving such a decrease in that 12 general appropriations act or by the percentage amount of the 13 across-the-board decrease or decreases imposed by the State 14 Budget and Control Board on all agencies. The BEA estimate of 15 the transfer of General Fund revenue to the Conservation Bank is 16 $9,491,529 in FY2009-10. During FY2009-10, the State Budget 17 and Control Board imposed across-the-board cuts of 4.04% on 18 September 3, 2009 and 5.0% on December 15, 2009 for a total of 19 9.04% of across-the-board reductions to state agency budgets 20 affecting more than one-half of all state agencies or departments. 21 Because of these cuts and the amended language contained in 22 Section 48-59-75, the transfer of deed recording fee revenue to the 23 Conservation Bank Trust Fund would be reduced by 9.04%, or 24 $858,034, in FY2009-10. This amount would be retained in the 25 state general fund while $8,633,495 would be transferred to the 26 Conservation Bank Trust Fund. This act first applies with fiscal 27 year 2010 and takes effect upon approval by the Governor. This 28 bill also extends the date of repeal of the Conservation Bank Trust 29 Fund for ten years from July 1, 2013 to July 1, 2023. 30 31 Approved By: 32 William C. Gillespie 33 Board of Economic Advisors 34 35 1/ This statement meets the requirement of Section 2-7-71 for a state revenue 36 impact by the BEA, or Section 2-7-76 for a local revenue impact or Section 6-1- 37 85(B) for an estimate of the shift in local property tax incidence by the Office of 38 Economic Research.

[903-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND ACT 200 OF 2002, RELATING TO THE SOUTH 12 CAROLINA CONSERVATION BANK ACT, SO AS TO 13 DELETE A PROVISION WHICH PROVIDES THAT NO 14 FURTHER DEED RECORDING FEES OR OTHER FUNDS 15 MAY BE CREDITED TO THE CONSERVATION BANK 16 TRUST FUND IN ANY YEAR WHEN A MAJORITY OF 17 STATE AGENCY APPROPRIATIONS ARE REDUCED IN THE 18 ANNUAL GENERAL APPROPRIATIONS ACT OR WHEN 19 THE STATE BUDGET AND CONTROL BOARD IMPOSES 20 ACROSS THE BOARD CUTS AND INSTEAD PROVIDE FOR 21 A REDUCTION ON A PERCENTAGE BASIS IN THE 22 AMOUNT OF DEED RECORDING FEES WHICH MAY BE 23 TRANSFERRED TO THE TRUST FUND, AND TO EXTEND 24 THE EXPIRATION DATE OF THE PROVISIONS OF LAW 25 RELATING TO THE CONSERVATION BANK ACT AND 26 OTHER RELATED DATES PERTAINING TO THE CLOSURE 27 OF THE CONSERVATION BANK ACT AND 28 CONSERVATION BANK FUND. 29 30 Be it enacted by the General Assembly of the State of South 31 Carolina: 32 33 SECTION 1. SECTION 5 of Act 200 of 2002 is amended to read: 34 35 “SECTION 5. (A) In a fiscal year when the General Assembly in 36 the annual general appropriations act provides less appropriations 37 than what was provided for the previous year to at least onehalf of 38 the state agencies or departments contained therein the act or in 39 any fiscal year when the State Budget and Control Board orders 40 across the board cuts to state agencies and departments in the 41 manner provided by law, no further transfer of deed recording fees 42 or other appropriated funds, state or local, may be credited to the

[903] 4 1 trust fund for the fiscal year or balance of the fiscal year, but 2 existing balances in the trust fund may be used as provided by 3 Chapter 59 of Title 48 of the 1976 Code the amount of deed 4 recording fees transferred to the South Carolina Conservation 5 Bank Trust Fund during that year must be reduced by the average 6 percentage decrease in total general fund appropriations to those 7 agencies receiving such a decrease in that general appropriations 8 act or by the percentage amount of the across the board decrease or 9 decreases imposed by the State Budget and Control Board on all 10 agencies, whichever is applicable. If both decreases occur, the 11 reduction to the Conservation Bank Trust Fund shall be a 12 combination of all decreases. 13 (B) The provisions of subsection (A) of this section, as 14 amended by this act, apply on a fiscal year basis beginning with 15 fiscal year 2010.” 16 17 SECTION 2. SECTION 7 of Act 200 of 2002 is amended to read: 18 19 “SECTION 7. Chapter 59, Title 48 of the 1976 Code and Sections 20 2 through 6 of this act are repealed effective July 1, 2013 2023, 21 unless reenacted or otherwise extended by the General Assembly. 22 However, the South Carolina Conservation Bank established by 23 this act may continue to operate as if Chapter 59, Title 49 of the 24 1976 Code was not repealed until the South Carolina Conservation 25 Bank Trust Fund is exhausted or July 1, 2016 2026, whichever 26 first occurs. Any balance in that trust fund on July 1, 2016 2026, 27 reverts to the general fund of the State. Repeal does not affect any 28 rights, obligations, liabilities, or debts due the South Carolina 29 Conservation Bank. For these purposes, after the bank’s 30 termination, the State Budget and Control Board is the bank’s 31 successor, except that, after the bank’s termination, the board’s 32 voting rights provided in the former provisions of Section 33 485980(F), (G), (H), and (I) of the 1976 Code are devolved upon 34 the Department of Natural Resources Board, and any contribution 35 to the trust fund required pursuant to the former provisions of 36 Section 485980(H) of the 1976 Code must be made to the Heritage 37 Trust Program.” 38 39 SECTION 3. This act takes effect upon approval by the 40 Governor. 41 XX 42

[903] 5