2001-2002 Bill 4540: County Water Recreational Resources Fund Committee Established In

1 BIL: 4540 2 TYP: General Bill GB 3 INB: House 4 IND: 20020117 5 PSP: Knotts 6 SPO: Knotts, Vaughn, Cotty, Kirsh, Miller, Allen, Cato, Easterday, Freeman, 7 Hamilton, Haskins, Leach, Loftis, Quinn, Rice, Robinson, Sinclair, 8 J.R. Smith, Stille and A. Young 9 DDN: l:\council\bills\bbm\10639htc02.doc 10 RBY: House 11 COM: Agriculture, Natural Resources and Environmental Affairs Com 20 HANR 12 SUB: County water recreational resources fund committee established in each 13 county 14 15 16 HST: 17 18 Body Date Action Description Com Leg Involved 19 ______20 House 20020117 Introduced, read first time, 20 HANR 21 referred to Committee 22 23 24 Versions of This Bill 25 26 27 28 29 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTIONS 12-28-2730, 50-9-910, AS AMENDED, 12 AND 51-23-30, CODE OF LAWS OF SOUTH CAROLINA, 13 1976, RELATING TO THE SPECIAL WATER 14 RECREATIONAL RESOURCES FUND, THE COUNTY 15 WILDLIFE FUND, AND THE PARKS AND RECREATION 16 DEVELOPMENT FUND, SO AS TO PROVIDE THAT 17 MATTERS RELATING TO THE APPROVAL OF PROJECTS 18 FUNDED UNDER THESE PROGRAMS ARE UNDER THE 19 JURISDICTION OF RESPECTIVELY, A COUNTY WATER 20 RECREATIONAL RESOURCES FUND COMMITTEE, A 21 COUNTY WILDLIFE FUND COMMITTEE, AND A COUNTY 22 PARKS AND RECREATION DEVELOPMENT FUND 23 COMMITTEE, THE MEMBERS OF WHICH ARE APPOINTED 24 BY THE LEGISLATIVE DELEGATION AND TO PROVIDE 25 THAT A LEGISLATIVE DELEGATION MAY ELECT NOT TO 26 APPOINT A COUNTY WILDLIFE FUND COMMITTEE OR A 27 COUNTY PARKS AND RECREATION DEVELOPMENT 28 FUND COMMITTEE AND INSTEAD DEVOLVE THE DUTIES 29 OF THESE COMMITTEES ON THE COUNTY WATER 30 RECREATIONAL RESOURCES FUND COMMITTEE. 31 32 Be it enacted by the General Assembly of the State of South 33 Carolina: 34 35 SECTION 1. Section 12-28-2730 of the 1976 Code is amended to 36 read: 37 38 “Section 12-28-2730. (A) One percent of the proceeds from 39 thirteen cents of the gasoline tax only imposed pursuant to this 40 chapter must be transmitted to the Department of Natural 41 Resources to be placed to the credit of a special water recreational 42 resources fund of the State Treasury, and all balances in the fund

1 [4540] 1 1 must be carried forward annually so that no part of it reverts to the 2 general fund of the State. All of the funds must be allocated based 3 upon the number of boats or other watercraft registered in each 4 county pursuant to law and expended, subject to the approval of a 5 majority of the county legislative delegation, including a majority 6 of the resident senators, if any, the county water recreational 7 resources fund committee as provided in subsection (D) of this 8 section for the purpose of water recreational resources. The 9 amounts allocated must be deducted from the gross proceeds of the 10 gasoline tax before net proceeds to be distributed are determined. 11 This section does not reduce the one cent a gallon license tax 12 credited to the general fund of the State pursuant to Section 13 12-28-2720. 14 (B) The governing body of a coastal county, upon 15 recommendation of a majority of the legislative delegation, 16 including a majority of the resident senators, shall refund to a 17 person purchasing gasoline for use in commercial or charter 18 fishing boats operated exclusively in the coastal waters of this 19 State, all or a portion of the state tax on the gasoline returned to the 20 county pursuant to this section. The refund, if any, must be made 21 pursuant to regulations established by the governing body of the 22 county. 23 (C) The Department of Natural Resources must be reimbursed 24 for engineering, design, rehabilitation, and law enforcement costs 25 incurred in the administration of the provisions of this section. 26 The Department of Natural Resources must be reimbursed for 27 noxious aquatic weed treatment. Funds for law enforcement and 28 noxious aquatic weed treatment may not exceed one-third of 29 revenues to the special water recreational resources fund. Funds 30 for reimbursement must be transferred from funds collected under 31 the provisions of this section. 32 (D) There is established in each county a county water 33 recreational resources fund committee appointed by the legislative 34 delegation representing the county with each delegation member 35 casting a weighted vote in making appointments. The committee 36 shall determine those projects in the county eligible for funding as 37 provided in subsection (A) of this section.” 38 39 SECTION 2. Section 50-9-910 of the 1976 Code, as last amended 40 by Act 419 of 1988, is further amended to read: 41 42 “Section 50-9-910. (A) Revenue from fines and forfeitures for 43 violations of Chapters 1 through 16, except for violations of

1 [4540] 2 1 marine resources laws, must be transmitted to the treasurer of the 2 county where the revenue was collected. The treasurer shall 3 transmit the revenue to the director of the department accompanied 4 by a statement showing the names of persons fined, the amount of 5 each fine, the summons or warrant number, and the court in which 6 each fine was collected. 7 (B) The revenue provided for in subsection (A) and one-half of 8 the revenue generated from the sale of annual nonresident fishing 9 licenses must be credited to the county game fund of the county in 10 which the licenses were sold or revenue was collected. There is 11 created the county game fund committee whose members must be 12 appointed by the members of the legislative delegation 13 representing the county with equal delegation members casting a 14 weighted vote in making these appointments. The delegation may 15 elect not to appoint the committee and instead devolve its duties on 16 the county water recreational resources fund committee established 17 pursuant to Section 12 - 28 - 2730(D). 18 (C) The funds provided for in subsection (B) must be expended 19 in the respective counties for the protection, promotion, 20 propagation, and management of wildlife and fish and the 21 enforcement of related laws with the approval of the county game 22 fund committee.” 23 24 SECTION 3. Section 51-23-30 of the 1976 Code is amended to 25 read: 26 27 “Section 51-23-30. The department shall devise and administer a 28 noncompetitive program of grants to eligible entities within each 29 county area for planning and development for new parks and 30 recreation facilities or renovations of existing facilities. Grant 31 funds may not be used to supplant existing funding for parks and 32 recreation purposes nor may they be used to retire indebtedness 33 incurred prior to July 1, 1988. Grant awards must be made by the 34 department according to criteria and administrative guidelines it 35 shall develop and furnish to potential grant applicants. All grants 36 must be in the form of reimbursements and no grant may be 37 awarded unless the grantee matches the grant in an amount equal 38 to at least twenty percent of the grant. There is created the county 39 parks and recreation fund development committee whose members 40 must be appointed by the legislative delegation representing the 41 county with each delegation member casting a weighted vote in 42 making these appointments. The delegation may elect not to 43 appoint the committee, but may instead devolve the duties of this

1 [4540] 3 1 committee on the county water recreational resources fund 2 established pursuant to Section 12 - 28 - 2730(D). All grant 3 applications must be submitted in writing and signed by a majority 4 of the members of the legislative delegation representing the 5 eligible entity applying for the grant approved by the county parks 6 and recreation development fund committee. Unexpended grant 7 funds in any account may be carried forward for not more than 8 three succeeding fiscal years, after which any unexpended funds 9 must be reallocated on a statewide basis in the next fiscal year as 10 part of the distribution to the Fund for that year.” 11 12 SECTION 4. This act takes effect upon approval by the 13 Governor. 14 ----XX----

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