Indicates Matter Stricken

Indicates New Matter

Committee Report

February 15, 2023

S. 484

Introduced by Senators Campsen, Goldfinch, Hutto and Davis

S. Printed 02/15/23--S.   [SEC 2/16/2023 11:11 AM]

Read the first time February 02, 2023

________

The committee on Senate Fish, Game and Forestry

To who was referred a Bill (S. 484) to amend the South Carolina Code of Laws so as to enact the "South Carolina Waterways Protection Act"; by adding Section 50-9-975 so as to establish the South Carolina, etc., respectfully

Report:

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 2, by striking Section 50-9-975(A) and inserting:

   (A) The South Carolina Waterways Protection Fund is created for the purpose of receiving the three-dollar waterways protection fee that is attached to each tax notice for a watercraft, as provided in Section 12-37-3215.

Amend the bill further, SECTION 2, by striking Section 50-9-975(B)(2) and inserting:

      (2) identification, marking, and lighting of hazards to navigation in accordance with applicable rules governing aids to navigation; and

Amend the bill further, by deleting SECTIONS 3 and 4.

Amend the bill further, SECTION 5, by striking Section 12-37-3215 and inserting:

   Section 12-37-3215.   A tax notice for a watercraft must include a waterways protection fee of three dollars. The fee must be deposited by the county treasurer into the South Carolina Waterways Protection Fund, as established in Section 50-9-975. The issuance or renewal of a certificate of number by the Department of Natural Resources is not contingent on the payment of the waterways protection fee.

Renumber sections to conform.

Amend title to conform.

GEORGE CAMPSEN for Committee.

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA WATERWAYS PROTECTION ACT"; BY ADDING SECTION 50-9-975 SO AS TO ESTABLISH THE SOUTH CAROLINA WATERWAYS PROTECTION FUND AND THE PURPOSES FOR WHICH REVENUES IN THE FUND MAY BE EXPENDED; BY AMENDING SECTION 50-23-220, RELATING TO THE DEPOSIT AND USE OF FUNDS FOR CERTAIN FEES, SO AS TO REQUIRE THAT THREE DOLLARS FROM EACH FEE FOR AN APPLICATION OR RENEWAL OF A CERTIFICATE OF NUMBER MUST BE DEPOSITED INTO THE SOUTH CAROLINA WATERWAYS PROTECTION FUND; BY AMENDING SECTION 50-23-340, RELATING TO CERTIFICATES OF NUMBER, SO AS TO INCREASE THE APPLICATION AND RENEWAL FEE FROM TEN DOLLARS TO THIRTEEN DOLLARS; AND BY ADDING SECTION 12-37-3215 SO AS TO REQUIRE THAT A TAX NOTICE FOR A UNITED STATES COAST GUARD DOCUMENTED WATERCRAFT MUST INCLUDE A WATERWAYS PROTECTION FEE OF THREE DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   This act may be cited as the "South Carolina Waterways Protection Act".

SECTION 2.   Article 9, Chapter 9, Title 50 of the S.C. Code is amended by adding:

   Section 50-9-975.   (A) The South Carolina Waterways Protection Fund is created for the purpose of receiving:

      (1) three dollars from each fee for an application or renewal of a certificate of number, as provided in Section 50-23-220(C); and

      (2) the three-dollar waterways protection fee that is attached to each tax notice for a United States Coast Guard documented watercraft, as provided in Section 12-37-3215.

   (B) The fund must only be used by the department for the following purposes:

      (1) the removal of hazardous, abandoned, or unattended vessels, marine debris, or hazards to navigation from the waters of this State;

      (2) identification, marking, and lighting of hazards to navigation in accordance with applicable Rules of the Road;

      (3) the establishment and maintenance of a grant program to provide funds to applicants, whether public or private, to remove hazardous, abandoned, or unattended vessels, marine debris, or hazards to navigation from the waters of this State.

   (C) Revenues for the fund must be remitted to the State Treasurer and credited to an account that is separate and distinct from the general fund. Balances in the fund must be retained and carried forward annually and interest earned on balances in the fund must be credited to the fund.

   (D) The South Carolina Office of Resilience, upon request from the department, may assist in the maintenance of a grant program established under this section.

   (E) The department must provide an annual report on its website disclosing expenditures from the fund.

SECTION 3.   Section 50-23-220 of the S.C. Code is amended to read:

   Section 50-23-220.   (A) Except as provided in subsection (B)this section, all fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.

   (B) To the extent fees collected pursuant to Section 50-23-70, in connection with titling a boat, are attributable to fee increases beginning July 1, 1999, revenues from those increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use.

   (C) Three dollars from each fee for an application or renewal of a certificate of number must be deposited into the South Carolina Waterways Protection Fund, as established in Section 50-9-975.

SECTION 4.   Section 50-23-340 of the S.C. Code is amended to read:

   Section 50-23-340.   The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of ten thirteen dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size.

SECTION 5.   Article 26, Chapter 37, Title 12 of the S.C. Code is amended by adding:

   Section 12-37-3215.   A tax notice for a United States Coast Guard documented watercraft must include a waterways protection fee of three dollars. The fee must be deposited by the county treasurer into the South Carolina Waterways Protection Fund, as established in Section 50-9-975.

SECTION 6.   This act takes effect on July 1, 2023.

----XX----