Bill Summary – FastDemocracy

H.B. 372
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Mar 23, 2021
                                      SESSION 2021                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                   HOUSE BILL DRH30173-MHf-58
     Short Title:   Restore Funding/State Conservation Purposes.                                (Public)
     Sponsors:      Representative McElraft.
     Referred to:
                                     A BILL TO BE ENTITLED
 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.
                                   *DRH30173-MHf-58*
     General Assembly Of North Carolina                                                    Session 2021
            (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:
              …."
              SECTION 5. This act becomes effective July 1, 2021.
     Page 2                                                                        DRH30173-MHf-58
Statutes affected: 
Filed: 105-228.30, 143B-135.56, 143B-135.234, 106-744
Edition 1: 105-228.30, 143B-135.56, 143B-135.234, 106-744
Edition 2: 105-228.30, 143B-135.56, 143B-135.234, 106-744, 143-215.73M