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Current Status Bill Number:View additional legislative information at the LPITS web site.856 Ratification Number:205 Act Number:187 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020109 Primary Sponsor:Martin All Sponsors:Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep, Drummond Drafted Document Number:l:\council\bills\swb\5038djc02.doc Date Bill Passed both Bodies:20020227 Date of Last Amendment:20020214 Governor's Action:S Date of Governor's Action:20020312 Subject:Special water recreational resources fund created within Department of Natural Resources; legislative delegations may make recommendations to department for expenditure of funds History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020320 Act No. A187 ------ 20020312 Signed by Governor ------ 20020307 Ratified R205 Senate 20020227 Concurred in House amendment, enrolled for ratification ------ 20020221 Scrivener's error corrected House 20020220 Read third time, sent to Senate House 20020219 Read second time House 20020219 Request for debate withdrawn by Representative Klauber Taylor House 20020214 Request for debate by Representative Klauber Carnell Parks Bales Taylor House 20020214 Amended House 20020213 Debate adjourned until Thursday, 20020214 House 20020207 Committee report: Favorable with 20 HANR amendment House 20020129 Introduced, read first time, 20 HANR referred to Committee Senate 20020124 Read third time, sent to House Senate 20020123 Read second time, notice of general amendments Senate 20020122 Recalled from Committee, 06 SF placed on the Calendar Senate 20020109 Introduced, read first time, 06 SF referred to Committee Versions of This Bill Revised on January 22, 2002 - Word format Revised on February 7, 2002 - Word format Revised on February 14, 2002 - Word format Revised on February 19, 2002 - Word format Revised on February 21, 2002 - Word format
(A187, R205, S856)
AN ACT 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, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE-THIRD OF THE FUNDS FOR LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION OF PROCEEDS FROM THE SALE OF THE DEPARTMENT'S SURPLUS PROPERTY ORIGINALLY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS.
Be it enacted by the General Assembly of the State of South Carolina:
Distribution of gasoline tax to Department of Natural Resources; water recreational resources fund created
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 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.
(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.
(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, must be transferred to the fund created by this act.
(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 Recreational Resources Fund created by Section 12-28-2730 must be allocated to the fund created by this section.
(G) The department must dispose of all surplus property owned by the department or subject to its custody and control for purposes of disposal in the manner provided by law for the disposition of surplus state property. Notwithstanding another provision of law or policy, it is unlawful for retired employees of the department to purchase surplus property directly from the department. It is not unlawful for retired employees to purchase surplus property that is disposed of according to law and sold at public auction.
(H) All proceeds from the sale of the department's surplus property that was originally purchased with a county's water recreational resources fund must be returned to the county that originally purchased the property and placed in that county's water recreational resources fund.
(I) Beginning with property purchased during fiscal year 2000, the department must provide the legislative delegations of each county with an annual inventory of all property purchased with the county's water recreational resources fund on or before the beginning of the next ensuing session of the General Assembly."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 7th day of March, 2002.
Approved the 12th day of March, 2002.
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