S354: Restore Funding/State Conservation Purposes. Latest Version

2021-2022

Senate
Passed 1st Reading
Rules
Committee



AN ACT to restore the use of Proceeds from the Deed Stamp excise tax to the original purpose of land conservation.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 105‑228.30 reads as rewritten:

§ 105‑228.30.  Imposition of excise tax; distribution of proceeds.



(b)        The register of deeds of each county must remit the proceeds of the tax levied by this section to the county finance officer. The finance officer of each county must credit one‑half of the proceeds to the county's general fund and remit the remaining one‑half of the proceeds, less taxes refunded and the county's allowance for administrative expenses, to the Department of Revenue on a monthly basis. A county may retain two percent (2%) of the amount of tax proceeds allocated for remittance to the Department of Revenue as compensation for the county's cost in collecting and remitting the State's share of the tax. The Department of Revenue shall credit the funds remitted to the Department of Revenue under this subsection to the General Fund.Of the funds remitted to it pursuant to this section, the Department of Revenue shall credit thirty percent (30%) to the Parks and Recreation Trust Fund established under G.S. 143B‑135.56, thirty percent (30%) to the Land and Water Fund established under G.S. 143B‑135.234, thirty percent (30%) to the Coastal Storm Damage Mitigation Fund established under G.S. 143‑215.73M, and ten percent (10%) to the North Carolina Agricultural Development and Farmland Preservation Trust Fund established under G.S. 106‑744.

SECTION 2.  G.S. 143B‑135.56(a) reads as rewritten:

(a)      Fund Created. – There is established a Parks and Recreation Trust Fund in the State Treasurer's Office. The Trust Fund shall be a special revenue fund consisting of donations, gifts, and devises to the Trust Fund Fund, monies credited to the Trust Fund pursuant to G.S. 105‑228.30(b), and other monies appropriated to the Trust Fund by the General Assembly.

SECTION 3.  G.S. 143B‑135.234(a) reads as rewritten:

(a)      Fund Established. – The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of Natural and Cultural Resources. The Clean Water Management Trust Fund shall also be known as the Land and Water Fund. The Fund receives revenue from the following sources and may receive revenue from other sources:

(1)        Annual appropriations.

(2)        Special registration plates under G.S. 20‑81.12.

(3)        Other special registration plates under G.S. 20‑79.7.

(4)        Hazard mitigation funds from the Federal Emergency Management Agency and other agencies.

(5)        The excise tax on conveyances levied pursuant to Article 8E of Chapter 105 of the General Statutes.

SECTION 4.  G.S. 106‑744(c) reads as rewritten:

(c)      There is established a North Carolina Agricultural Development and Farmland Preservation Trust Fund to be administered by the Commissioner of Agriculture. The Trust Fund shall consist of all monies received for the purpose of purchasing agricultural conservation easements or funding programs that promote the development and sustainability of farming and assist in the transition of existing farms to new farm families, or monies transferred from counties or private sources. sources, or monies credited to the Trust Fund pursuant to G.S. 105‑228.30(b). The Trust Fund shall be invested as provided in G.S. 147‑69.2 and G.S. 147‑69.3. The Commissioner shall use Trust Fund monies for any of the following purposes:

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SECTION 5.  This act becomes effective July 1, 2021.