Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE FINANCE REFORM AND TAX RELIEF ACT"; TO AMEND SECTIONS 57-1-310, 57-1-320, 57-1-325, AND 57-1-330, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT ALL THE COMMISSIONERS MUST BE APPOINTED BY THE GOVERNOR AND SERVE AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE THAT APPOINTEES MUST BE SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND TO PROVIDE THAT NO PERSON MAY SERVE AS A COMMISSIONER FOR MORE THAN TWELVE YEARS AND NO COUNTY MAY HAVE A RESIDENT COMMISSIONER FOR MORE THAN TWELVE CONSECUTIVE YEARS; TO AMEND SECTION 57-1-410, AS AMENDED, RELATING TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, INSTEAD OF THE GOVERNOR, SHALL APPOINT THE SECRETARY; TO AMEND SECTIONS 57-1-730 AND 57-1-740, AS AMENDED, RELATING RESPECTIVELY TO THE DUTIES OF THE JOINT TRANSPORTATION REVIEW COMMITTEE, BOTH SO AS TO REQUIRE THE COMMITTEE TO SCREEN APPOINTEES TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION IN A SIMILAR MANNER AS CURRENTLY ELECTED COMMISSIONERS ARE SCREENED; BY ADDING SECTION 57-1-95 SO AS TO PROHIBIT THE COMMENCEMENT OF ANY NEW ROAD CONSTRUCTION PROJECTS IN THIS STATE UNTIL JULY 1, 2020, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-43-140, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO INCREASE THE BOARD TO THIRTEEN MEMBERS AND TO SET FORTH THE MEMBERSHIP, AND TO PROVIDE THAT NO MEMBER MAY SERVE MORE THAN TWELVE YEARS; TO AMEND SECTION 11-43-180, RELATING TO FINANCIAL ASSISTANCE GIVEN BY THE INFRASTRUCTURE BANK, SO AS TO PROHIBIT THE BANK FROM PROVIDING ANY LOANS OR OTHER FINANCIAL ASSISTANCE TO ANY PROJECT UNLESS THE ELIGIBLE COSTS OF THE PROJECT ARE AT LEAST TWENTY-FIVE MILLION DOLLARS; BY ADDING SECTION 11-43-265 SO AS TO REQUIRE THE INFRASTRUCTURE BANK TO PRIORITIZE ALL PROJECTS IN ACCORDANCE WITH THE PRIORITIZATION CRITERIA ESTABLISHED IN ACT 114 OF 2007, AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 57-1-100 SO AS TO SET FORTH THE OPTIONAL PROCESS BY WHICH THE DEPARTMENT OF TRANSPORTATION TRANSFERS CERTAIN STATE ROADS TO THE COUNTIES OF THIS STATE, TO INCREASE THE AMOUNT DISTRIBUTED TO THE PARTICIPATING COUNTIES OVER TIME, TO PROVIDE THAT EACH PARTICIPATING COUNTY MUST RECEIVE ONE MILLION DOLLARS BEFORE THE FUNDS ARE DISTRIBUTED BASED ON A FORMULA, TO AMEND SECTION 12-28-2740, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE COUNTIES OF THIS STATE, TO ABOLISH THE CURRENT COUNTY TRANSPORTATION COMMITTEES AND THEN RECONSTITUTE THEM WITH THE ADDITION OF MUNICIPAL REPRESENTATION, AND TO SPECIFY THE MANNER IN WHICH "C" FUNDS MUST BE EXPENDED; TO AMEND SECTIONS 56-5-4210 AND 56-5-4220, BOTH RELATING TO ROAD RESTRICTIONS, SO AS TO SPECIFY CERTAIN RESTRICTIONS ON LOCALITIES; TO AMEND SECTION 12-28-310, RELATING TO THE USER FEE ON GASOLINE, SO AS TO REDUCE THE FEE TO TEN CENTS A GALLON; TO AMEND SECTION 56-11-410, RELATING TO THE ROAD TAX, SO AS TO REDUCE THE TAX TO TEN CENTS A GALLON; TO AMEND SECTION 56-11-450, RELATING TO THE CREDIT AGAINST ROAD TAX, SO AS TO REDUCE THE CREDIT TO TEN CENTS A GALLON; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM TAX, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS ON THE SALE OR LEASE OF A MOTOR VEHICLE; TO AMEND SECTION 12-36-2647, RELATING TO THE TAX REVENUES COLLECTED FROM THE SALE OR LEASE OF A MOTOR VEHICLE, SO AS TO CREDIT ALL THE REVENUES TO THE STATE HIGHWAY FUND EXCEPT FOR CERTAIN AMOUNTS THAT ARE USED FOR THE EDUCATION IMPROVEMENT ACT; BY ADDING ARTICLE 4 TO CHAPTER 28, TITLE 12 SO AS TO IMPOSE AN EXCISE TAX ON THE WHOLESALE PRICE OF MOTOR FUEL EQUAL TO THE CUMULATIVE STATE SALES TAX RATE, TO PROVIDE THAT THE REVENUE MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PROVIDE THAT THE EXCISE TAX MAY NOT EXCEED THE EQUIVALENT OF SIXTEEN CENTS A GALLON, AND TO PROVIDE THE MANNER IN WHICH THE EXCISE TAX IS CALCULATED AND ADMINISTERED; BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 57 SO AS TO IMPOSE AN EXCISE TAX ON MOTOR CARRIERS IN THE SAME MANNER AS THE EXCISE TAX ON MOTOR FUEL; AND TO AMEND SECTION 12-6-510, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Infrastructure Finance Reform and Tax Relief Act".
SECTION 2. (A)
The General Assembly finds that the State of South
Carolina's transportation infrastructure is inexorably linked to
its economic future and ability to recruit, retain, and promote
businesses and that deterioration of the state's transportation
infrastructure creates direct costs to businesses and
opportunity costs with respect to deferred business and
employment growth.
(B) The General
Assembly further finds that substantial improvements to the
State Highway System cannot be realized without increasing the
financial resources dedicated to the purpose of preserving,
maintaining, and rebuilding the State Highway System.
(C) The General
Assembly further finds that increasing revenues to the State
Highway System through an increase of transportation-related
user fees, such as those levied on motor fuels, would present an
economic burden on South Carolina's citizens and that a
complementary decrease in taxes would lessen the financial
impact on taxpayers and further the goal of economic development
through lower taxes.
(D) Finally, the
General Assembly finds that maximizing the impact, and therefore
economic development potential, of such additional revenues
allocated to the State Highway System requires the restructuring
of the governance and subject approval processes to refocus upon
statewide interests.
SECTION 3. Sections 57-1-310 through Section 57-1-330 of the 1976 Code, all as last amended by Act 114 of 2007, are further amended to read:
"Section 57-1-310.
(A) The congressional districts of
this State are constituted and created Department of
Transportation Districts of the State, designated by numbers
corresponding to the numbers of the respective congressional
districts. The Commission of the Department of Transportation
shall be composed of one member from each transportation
district elected by the delegations of the congressional
district and one member appointed by the
Governor from the State at large, all appointed by
the Governor. Such elections or appointment, as the
case may be, Appointments shall take into
account race and gender so as to represent, to the greatest
extent possible, all segments of the population of the State;
however, consideration of these factors in making an appointment
or in an election in no way creates a cause of
action or basis for an employee grievance for a person appointed
or elected or for a person who fails to be appointed or
elected.
(B)(1)
Candidates for election to the commission must be
screened by the Joint Transportation Review Committee, as
provided in Article 7 of this chapter, and determined to meet
the qualifications contained in subsection (C) in order to be
eligible for election.
(2)
The at-large appointment
All appointments made by the Governor must be
transmitted to the Joint Transportation Review Committee. The
Joint Transportation Review Committee must determine
whether the at-large appointee meets the qualifications in
subsection (C) screen each appointee, as provided in
Article 7, and report its findings to the General Assembly
and the Governor. Until the Joint Transportation Review
Committee finds a gubernatorial appointee qualified, the
appointee must not take the oath of office and the full rights
and privileges and powers of the office shall not vest. An
appointee may not take the oath of office until the Joint
Transportation Review Committee notifies the Clerk of the Senate
and the Clerk of the House of Representatives that the appointee
is qualified pursuant to Section 57-1-740(B)(2)(b).
(C) The
qualifications that each commission member must possess,
include, but are not limited to:
(1)
a baccalaureate or more advanced degree from:
(a)
a recognized institution of higher learning requiring
face-to-face contact between its students and instructors prior
to completion of the academic program;
(b)
an institution of higher learning that has been accredited
by a regional or national accrediting body; or
(c)
an institution of higher learning chartered before 1962;
or
(2)
a background of at least five years in any combination of
the following fields of expertise:
(a)
transportation;
(b)
construction;
(c)
finance;
(d)
law;
(e)
environmental issues;
(f)
management; or
(g)
engineering.
(D) No
A member of the General Assembly or member of his
immediate family shall may not be
elected or appointed to the commission while
the member is serving in the General Assembly; nor shall a
member of the General Assembly or a member of his immediate
family be elected or appointed to the
commission for a period of four years after the member
either:
(1)
ceases to be a member of the General Assembly; or
(2)
fails to file for election to the General Assembly in
accordance with Section 7-11-15.
Section 57-1-320.
(A) A county that is divided
among two or more Department of Transportation districts, for
purposes of electing a commission member, is deemed to be
considered in the district which contains the largest number of
residents from that county.
(B)
No A county within a Department of
Transportation district shall may not
have a resident commission member for more than one
consecutive term twelve consecutive years and in
no event shall any two persons from the same county serve as a
commission member simultaneously except as provided hereinafter.
Section 57-1-325.
Legislators residing in the congressional
district shall meet upon written call of a majority of the
members of the delegation of each district at a time and place
to be designated in the call for the purpose of electing a
commissioner to represent the district. A majority present,
either in person or by written proxy, of the delegation from a
given congressional district constitutes a quorum for the
purpose of electing a district commissioner. No person may be
elected commissioner who fails to receive a majority vote of the
members of the delegation.
The delegation must be
organized by the election of a chairman and a secretary, and the
delegations of each congressional district shall adopt such
rules as they consider proper to govern the election. Any
absentee may vote by written proxy. When the election is
completed, the chairman and the secretary of the delegation
shall immediately transmit the name of the person elected to the
Secretary of State who shall issue to the person, after he has
taken the usual oath of office, a certificate of election as
commissioner. The Governor shall then issue a commission to the
person, and pending the issuance of the commission, the
certificate of election is sufficient warrant to the person to
perform all of the duties and functions of his office as
commissioner. Each commissioner shall serve until his successor
is elected and qualified.
Section 57-1-330.
(A) For the purposes of
electing a commission member, a legislator shall vote only in
the congressional district in which he resides. All commission
members are elected to a term of office of four years which
expires on February fifteenth of the appropriate year.
All commission members serve at the pleasure of the Governor,
but a commission member may not serve more than twelve years,
regardless of when the term was served. Commissioners shall
continue to serve until their successors are
elected appointed and qualify, provided
that a commissioner may only may serve
in a hold-over capacity for a period not to exceed six months.
Any vacancy occurring in the office of commissioner shall be
filled by election or appointment in the manner
provided in this article for the unexpired term only. Except
for the at-large member, no a person
is not eligible to serve as a commission member who is
not a resident of that district at the time of his appointment.
Failure by an elected such commission
member to maintain residency in the district for which he is
elected appointed shall result in the
forfeiture of his office.
(B) The
at-large commission member shall serve at the pleasure of the
Governor. The at-large commission member may be
appointed from any county in the State unless another commission
member is serving from that county. Failure by the at-large
commission member to maintain residence in the State shall
result in a forfeiture of his office.
(C)
All elected commission members may be removed from
office as provided in Section
1-3-240(C)(1)."
SECTION 4. Section 57-1-410 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-410.
The Governor commission shall
appoint, with the advice and consent of the Senate, a Secretary
of Transportation who shall serve at the pleasure of the
Governor commission. A person appointed
to this position shall possess practical and successful business
and executive ability and be knowledgeable in the field of
transportation. The Secretary of Transportation shall receive
such compensation as may be established under the provisions of
Section 8-11-160 and for which funds have been authorized in the
general appropriations act."
SECTION 5. Section 57-1-730 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-730.
The review committee has the following powers and
duties:
(1) to screen
each candidate applying for election each
person appointed to the commission;
(2) in screening
candidates appointees and making its
findings, the review committee must give due consideration
to:
(a)
ability, area of expertise, dedication, compassion, common
sense, and integrity of each candidate
appointee; and
(b)
the impact that each candidate
appointee would have on the racial and gender composition
of the commission, and each candidate's
appointee's impact on other demographic factors
represented on the commission, such as residence in rural or
urban areas, to assure nondiscrimination to the greatest extent
possible of all segments of the population of the State;
and
(3) to determine if
each candidate appointee is qualified
and meets the requirements provided by law to serve as a member
of the Department of Transportation Commission, make findings
concerning whether each candidate
appointee is qualified, and deliver its findings to the
Clerk of the Senate, and the Clerk of
the House of Representatives, and the Governor;
and
(4)
to submit the names of all qualified candidates to
the congressional district delegation for
election."
SECTION 6. Section 57-1-740 of the 1976 Code, as last amended by Act 253 of 2010, is further amended to read:
"Section 57-1-740.
(A) For purposes of this
section, a vacancy is created on the commission when a term
expires, a new congressional district is created, or a
commission member resigns, dies, or is removed from office as
provided in Section 57-1-330(C). If known in advance, the review
committee may provide notice of a vacancy and begin screening
prior to the actual date of the vacancy.
(B)
Whenever a commission member must be elected to
fill a vacancy is appointed:
(1)
The review committee must forward a notice of the
transportation commission district member
vacancy appointment to:
(a) a newspaper of
general circulation within the congressional district from which
a commission member must be elected is
appointed with a request that it be published at least once
a week for four consecutive weeks;
(b)
any person who has informed the committee that he desires
to be notified of the vacancy
appointment; and
(c)
to each member of the congressional district
delegation.
The committee may provide such additional
notice that it deems appropriate.
(2)
The review committee may not accept a notice of
intention to seek the office from any candidate
conduct an investigation of an appointee until the review
committee certifies to the Clerk of the Senate,
and the Clerk of the House of
Representatives, and the Governor that the proper
notices, required by this section, have been requested to be
published or provided as required in this subsection.
(3)
The cost of the notification process required by this
section must be absorbed and paid from the approved accounts of
the Senate and the House of Representatives as contained in the
annual appropriations act.
(C)
Any person desiring to be a candidate for election
to fill a vacancy on the commission must file a notice of
intention with the review committee no later than five business
days after the last date the published notice appeared in a
newspaper of general circulation. Upon the expiration of the
notice of intention filing period, the review committee must
provide every member of the affected congressional district
delegation with a complete list of the people who filed a
notice.
(D)(B)(1)
When the notice of intention filing
period closes certifications are made pursuant to
subsection (A)(2), the review committee shall begin to
conduct an investigation of candidates an
appointee, as it considers appropriate, and may utilize the
services of any agency of state government to assist in the
investigation. Upon request of the review committee for
assistance, an agency shall cooperate fully.
(2)(a)(i)
Upon completion of the candidate
an appointee's investigations
investigation, the chairman of the review committee shall
schedule a public hearing concerning the qualifications of the
candidates appointee. Any person who
desires to testify at the hearing, including the
candidates appointee, must furnish a
written statement of his proposed testimony to the chairman of
the review committee. This statement shall be furnished no later
than forty-eight hours prior to the date and time set for the
hearing. The review committee shall determine the persons who
shall testify at the hearing. All testimony, including documents
furnished to the review committee, shall be submitted under oath
and persons knowingly furnishing false information either orally
or in writing shall be subject to the penalties provided by law
for perjury and false swearing.
(ii)
During the course of the investigation, the review
committee may schedule an executive session at which the
candidates appointee, and other persons
who the review committee wishes to interview, may be interviewed
on matters pertinent to the candidate's
appointee's qualification for the office to be
filled.
(iii)
The review committee shall render its tentative findings
as to whether the candidates are appointee
is qualified to serve on the commission as a district member
and its reasons for making the findings within a reasonable time
after the hearing. If only one person applies to fill a
vacancy or if the review committee concludes there are fewer
candidates qualified for a vacancy than those who initially
filed, it shall submit to the congressional district delegation
for election only the names and qualifications of those who are
considered to be qualified. The nominations of the review
committee for any candidate for the election to the commission
are binding on the congressional district delegation, and it
shall not elect a person not nominated by the review committee.
Nothing shall prevent the congressional district delegation from
rejecting all persons nominated. In this event, the review
committee shall submit another group of names and qualifications
for that position. Further nominations in the manner required by
this chapter must be made until the office is
filled.
(b)
As soon as possible after the completion of the hearing, a
verbatim copy of the testimony, documents submitted at the
hearing, and findings of fact, including whether the
appointee is qualified, shall be delivered to the Clerk
of the Senate and the Clerk of the House of Representatives to
be transcribed and published in the journals of both houses
or otherwise made available in a reasonable number of copies to
the members of both houses and a copy must be furnished to
each candidate the Governor and the
appointee.
(c)(i) The
review committee must transmit to the congressional district
delegation the names of all qualified candidates.
(ii) No
member of the congressional district delegation may pledge his
vote to elect a candidate until the review committee has
released its written report concerning the qualifications of the
candidate to the members of the appropriate congressional
district delegation. The release of the written report of
qualifications shall occur no earlier than forty-eight hours
after the names of the qualified candidates have been initially
released to members of the appropriate congressional district
delegation.
(iii) No
candidate may directly or indirectly seek the pledge of a vote
from a member of the candidate's congressional delegation or,
directly or indirectly, contact a statewide constitutional
officer, a member of the General Assembly, or the Joint
Transportation Review Committee regarding screening for the
commission until the review committee has released its written
report as to the qualifications of all candidates in a
particular congressional district. For purposes of this section,
"indirectly seek the pledge" means the candidate, or
someone acting on behalf of and at the request of the candidate,
requests another person to contact a member of the General
Assembly, a statewide constitutional officer, or a member of the
review committee on behalf of the candidate before the review
committee's release of the written report of qualifications.
(iv) The
prohibitions of this section do not extend to an announcement of
candidacy by the candidate and statements by the candidate
detailing the candidate's qualifications.
(d) A
candidate An appointee may withdraw at any stage
of the proceedings, and in this event no further inquiry, report
on, or consideration of his candidacy
appointment shall be made.
(3)
All records, information, and other material that the
review committee has obtained or used to make its findings of
fact, except materials, records, and information presented under
oath at the public hearing, shall be kept strictly confidential.
After the review committee has reported its findings of fact, or
after a candidate an appointee withdraws
his name from consideration, all records, information, and
material required to be kept confidential must be destroyed.
(4)(a)
The review committee may, in the discharge of its duties,
administer oaths and affirmations, take depositions, and issue
subpoenas to compel the attendance of witnesses and the
production of books, papers, correspondence, memoranda, and
other records considered necessary in connection with the
investigation of the review committee.
(b)
No A person shall
may not be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, or other
records before the review committee on the ground that the
testimony or evidence, documentary or otherwise, required of him
may tend to incriminate him or subject him to a penalty or
forfeiture. However, no an individual
shall may not be prosecuted or subjected
to any criminal penalty based upon testimony or evidence
submitted or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having
claimed his privilege against self-incrimination, to testify or
produce evidence, documentary or otherwise, except that the
individual so testifying shall not be exempt from prosecution
and punishment for perjury and false swearing committed during
testimony.
(c)
In case of contumacy by any person or refusal to obey a
subpoena issued to any person, any circuit court of this State
or circuit judge thereof within the jurisdiction of which the
person guilty of contumacy or refusal to obey is found, resides,
or transacts business, upon application by the review committee,
may issue to the person an order requiring him to appear before
the review committee to produce evidence, if so ordered, or to
give testimony concerning the matter under investigation. Any
failure to obey an order of the court may be punished as
contempt. Subpoenas shall be issued in the name of the review
committee and shall be signed by the review committee chairman.
Subpoenas shall be issued to those persons as the review
committee may designate.
(5)
The privilege of the floor in either house of the General
Assembly may not be granted to a candidate
an appointee, or any immediate family member of a
candidate an appointee unless the family member
is serving in the General Assembly, during the time the
candidate's appointee's application is
pending before the review committee and during the time the
candidate's appointee's election is
pending."
SECTION 7. Article 1, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-95.
(A) Notwithstanding any other
provision of law, no new road construction projects may commence
in this State until July 1, 2020. This section must not be
construed to prohibit the expansion of roads that existed on
June 30, 2015. This section applies to the department and any
other entity authorized to construct roads in this State.
(B) This section does
not apply to:
(1)
any project for which preliminary engineering and design
work has been initiated before January 1, 2016;
(2)
large interstate projects for which matching funds are
available;
(3)
any project contained in a metropolitan planning
organization's transportation improvement plan before January 1,
2016; and
(4)
a new facility designed to be a toll road."
SECTION 8. (A)
Sections 3 and 4, as contained in this Part, take
effect January 1, 2016, at which time the Commission of the
Department of Transportation must be made up of members
appointed pursuant to Section 57-1-310, as amended by this act.
The members of the Commission of the Department of
Transportation as of December 31, 2015, must no longer serve on
the commission unless the member is reappointed pursuant to
Section 57-1-310, as amended by this act, and found qualified by
the Joint Transportation Review Committee, as set forth in
Sections 57-1-325 and 57-1-330, as amended by this act.
(B) Sections 5 and 6,
as contained in this Part, take effect upon approval by the
Governor, and first apply to the screening of persons appointed
to the Commission of the Department of Transportation
thereafter. To ensure an efficient transition to the
reconstituted Commission of the Department of Transportation on
January 1, 2016, upon the effective date of this act, the
Governor may begin making appointments to the Commission of the
Department of Transportation for membership that takes effect
January 1, 2016. These appointees must be screened pursuant to
Sections 57-1-325 and 57-1-330, as amended by this act.
SECTION 9. A. Section 11-43-140 of the 1976 Code is amended to read:
"Section 11-43-140.
The board of directors is the governing board of the bank.
The board consists of seven thirteen
voting directors as follows: the Chairman of the
Department of Transportation Commission, ex officio; one
director appointed by the Governor who shall serve as chairman;
one director appointed by the Governor the seven
members of the Commission of the Department of Transportation
that represent a transportation district, ex officio;
one director two directors appointed by
the Speaker of the House of Representatives; one member of the
House of Representatives appointed by the Speaker, ex officio;
one director two directors appointed by
the President Pro Tempore of the Senate; and one member of the
Senate appointed by the President Pro Tempore of the Senate, ex
officio. All directors serve at the pleasure of the
appointing authority. Directors appointed by the
Governor, the Speaker, and the
President Pro Tempore shall serve terms coterminous with those
of their appointing authority. The terms for the legislative
members are coterminous with their terms of office. The
Governor shall designate which member of the Commission of the
Department of Transportation shall serve as chairman. The
vice chairman must be elected by the board. A director may
not serve more than twelve years, regardless of when the term
was served. Any person appointed to fill a vacancy must be
appointed in the same manner as the original appointee for the
remainder of the unexpired term."
B. This SECTION takes effect January 1, 2016, at which time the board of directors of the South Carolina Transportation Infrastructure Bank must be made up of members appointed pursuant to Section 11-43-140, as amended by this act. The members of the board of directors of the South Carolina Transportation Infrastructure Bank as of December 31, 2015, only may continue to serve on the board if they were legislatively appointed, and the legislative appointing authority, in writing, expresses the desire for the member to continue serving, and otherwise qualify. To ensure an efficient transition to the reconstituted board of trustees of the South Carolina Transportation Infrastructure Bank on January 1, 2016, upon the effective date of this act, the appointing authorities may begin making appointments to the board of trustees of the South Carolina Transportation Infrastructure Bank for membership that takes effect January 1, 2016.
SECTION 10. A. Section 11-43-180 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) The bank may not provide any loans or other financial assistance, including bond proceeds, to any project unless the eligible costs of the project are at least twenty-five million dollars."
B. This SECTION takes effect upon approval by the Governor and only applies to projects selected by the bank thereafter.
SECTION 11. A. Article 1, Chapter 43, Title 11 of the 1976 Code is amended by adding:
"Section 11-43-265.
(A) Notwithstanding any other
provision of law and subject to the provisions of subsection
(B), the bank must prioritize all projects in accordance with
the prioritization criteria provided in Section
57-1-370(B)(8).
(B) The General
Assembly may enact a joint resolution allowing the bank to fund
a project without using the prioritization criteria provided in
subsection (A). The joint resolution must be specific as to the
project and the amount authorized to be funded."
B. This SECTION takes effect upon approval by the Governor and only applies to projects selected by the bank thereafter.
SECTION 12. A. Article 1, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-100.
(A) This section is intended to set
forth the process by which the Department of Transportation
transfers certain state roads, or portions thereof, to the
political subdivisions of this State.
(B) The department must
determine which state roads to transfer to political subdivision
control by selecting roads that are most appropriately
considered local or rural routes. The department may not select
more than a total of nineteen thousand centerline miles of road
to transfer. By July 1, 2015, the department must notify each
county transportation committee of the roads selected for
transfer within the county. Also, the department must notify
each municipality of the roads selected for transfer within its
municipal limits. The department shall transfer the roads
selected pursuant to the process set forth in subsection (C).
(C) Subject to
subsections (E) and (F), on January 1, 2016, of the roads
selected pursuant to subsection (B), the department must
transfer at least one-third of the selected centerlines miles
within each county to the political subdivisions of that
respective county. However, if the county transportation
committee notifies the department by November 1, 2015, the
county transportation committee may designate the specific local
routes to be transferred. Also, the governing body of a
municipality may designate the specific local routes within its
municipal limit to be transferred by notifying the department by
November 1, 2015. If the county transportation committee or a
municipality does not notify the department or does not
designate at least one-third of the centerline miles, or if the
department administers the county's 'C' funds, then the
department shall determine which local routes to transfer.
However, the department may not transfer to a political
subdivision more than one-third of the selected centerline miles
within the political subdivision, unless the respective county
transportation committee or municipality agrees to the transfer
of the excess.
(D) On January 1, 2018,
and on January 1, 2020, the department shall transfer the
remaining local routes in the same manner as set forth in
subsection (C), mutatis mutandis.
(E)(1) A county
transportation committee may elect not to accept the transfer of
any state roads on January 1, 2016, by notifying the department
of its refusal by November 1, 2015. The provisions of this
section do not apply to any county that refuses to participate
pursuant to this subsection.
(2)
A county's refusal pursuant to item (1) is considered
permanent; however, if a county transportation committee wishes
to participate in the subsequent transfers set forth in
subsection (D), then the county transportation committee must
notify the department by the September first immediately
preceding the transfer. Upon notifying the department, the
county transportation committee may designate the specific local
routes to be transferred in the same manner as set forth in
subsection (C).
(F)(1) The governing
body of a municipality may elect not to accept the transfer of
any state roads by notifying the department of its refusal by
November 1, 2015. The provisions of this section do not apply
to any municipality that refuses to participate pursuant to this
subsection. If a municipality elects not to participate, but
the county in which the municipality is located does
participate, then the county must accept the roads inside
municipal limits. If a municipality elects to participate, and
the county in which the municipality is located also
participates, then the municipality shall take control of the
selected roads within its municipal limits.
(2)
A municipality's refusal pursuant to item (1) is
considered permanent; however, if the governing body of a
municipality wishes to participate in the subsequent transfers
set forth in subsection (D), then the municipality must notify
the department by the September first immediately preceding the
transfer. Upon notifying the department, the governing body of
the municipality may designate the specific local routes to be
transferred in the same manner as set forth in subsection
(C).
(G)(1) Notwithstanding
Section 12-28-2740, beginning July 1, 2016, for counties
participating in the road transfer pursuant to this section, the
proceeds from an additional one and thirty-four hundredths cents
a gallon of the user fee on gasoline only as levied and provided
for in this chapter must be deposited with the State Treasurer
in a separate 'C' funds account and expended for purposes set in
Section 12-28-2740. Beginning July 1, 2018, the proceeds
credited to the State Treasurer for the purposes of this
subsection must be increased to two and thirty-four hundredths
cents a gallon. Also, the amount must be increased again
beginning July 1, 2020, to three and thirty-four hundredths
cents a gallon.
(2)(a)
First, the monies in the separate fund must be distributed
to each participating county based on the time the county began
participating. For counties that participated in the 2016
transfer, each county shall receive one million dollars of
distributions. For counties that began participating in the
2018 transfer, each county shall receive five hundred thousand
dollars of distributions. For counties that began participating
in the 2020 transfer, each county shall receive two hundred
fifty thousand dollars of distributions. The monies distributed
pursuant to this subitem shall be distributed pro rata based on
the amount of distributions the county receives pursuant to this
subitem.
(b)
The remaining monies in the separate account must be
apportioned among all the counties of the State in the same
manner as provided in Section 12-28-2740(A), except that any
money apportioned to a county that is not participating instead
must be credited to the State Highway Fund.
(H) Notwithstanding
Section 12-28-2740, for counties participating in the 2016 road
transfer pursuant to this section, to account for the additional
monies pursuant to subsection (G), beginning July 1, 2016, for
any new 'C' fund allocations received on or after this date, the
balance of uncommitted funds carried forward from one year into
the next may not exceed three hundred percent of the county's
total apportionment for the most recent year. Also, to account
for the graduated increased monies pursuant to subsection (G)
that begin on July 1, 2018, and July 1, 2020, the July 1, 2016,
date in this subsection is deemed to be July 1, 2018 beginning
on July 1, 2018, and July 1, 2020, beginning on July 1,
2020.
(I) The department may
promulgate regulations necessary to implement the provisions of
this section, including emergency regulations for the transfer
occurring on January 1, 2016.
(J) As used in this
section:
(1)
'Centerline miles' means the length of the road, as
measured by miles, so that the total length of the road is the
same regardless of the numbers of lanes.
(2)
'County transportation committee' means the committee
appointed by each county's legislative delegation to adopt a
countywide transportation plan and administer 'C' funds pursuant
to Section 12-28-2740.
(3)
'Political subdivision' means counties and
municipalities.
(4)
'Road' has the same meaning as provided in Section
57-3-120."
B. This SECTION takes effect July 1, 2015,
except that the amendment to Section 57-1-100(G), as contained
in this SECTION, does not take effect until July 1,
2016.
SECTION 13. A. Section 12-28-2740(B), (C), and (O) of the 1976 Code is amended to read:
"(B) The funds
expended must be approved by and used in furtherance of a
countywide transportation plan adopted by a county
transportation committee. The county transportation committee
must be appointed by the county legislative delegation and must
be made up of fair representation from
municipalities within the county and unincorporated areas
of the county. The municipal representation must include at
least a mayor, a municipal council member, and a municipal
employee, all representing different municipalities. Any mayor
or municipal council member shall serve ex officio. County
transportation committees may join in approving a regional
transportation plan, and the funds must be used in furtherance
of the regional transportation plan. This subsection does not
prohibit the county legislative delegation from making project
recommendations to the county transportation committee. A county
transportation committee may expend from the funds allocated
under this section an amount not to exceed two thousand dollars
for reasonable administrative expenses directly related to the
activities of the committee. Administrative expenses may include
costs associated with copying, mailings, public notices,
correspondence, and recordkeeping but do not include the payment
of per diem or salaries for members of the committee.
(C) At
least 'C' funds only may be used within the public
right of way for paving, resurfacing, bridge construction or
replacement, street and traffic signs, traffic signals, street
lighting, and other road and bridge infrastructure projects.
'C' funds also may be used for labor, mowing, ditching, and
other general maintenance. A maximum of twenty-five percent
of a county's apportionment of 'C' funds, based on a biennial
averaging of expenditures, must may be
expended on the state highway system for construction,
improvements, and maintenance. The Department of Transportation
shall administer all funds expended on the state highway system
unless the department has given explicit authority to a county
or municipal government or other agent acting on behalf of the
county transportation committee to design, engineer, construct,
and inspect projects using their own personnel. The
county transportation committee, at its discretion, may expend
up to seventy-five percent of 'C' construction funds for
activities including other local paving or improving county
roads, for street and traffic signs, and for other road and
bridge projects.
(O) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the county. Upon the abolition, the governing body of the county must appoint a 'C' funds advisory committee that must include representation from municipalities within the county and unincorporated areas of the county. The municipal representation must include at least a mayor, a municipal council member, and a municipal employee, all representing different municipalities. The advisory committee shall make recommendations to the governing body of the county regarding the expenditure of the county's 'C' funds. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed to constitute dual office holding."
B. Effective July 1, 2015, all existing county transportation committees are abolished and the authority of each county transportation committee is devolved upon the legislative delegation of each county. Upon the authority being devolved, the legislative delegation of each county shall appoint a new county transportation committee pursuant to Section 12-28-2740(B), devolve the duties of the county transportation committee upon the local governing body of the county pursuant to Section 12-28-2740(O), or request the Department of Transportation to administer the county's 'C' funds. Nothing in this subsection prohibits a county legislative delegation from appointing a member to the county transportation committee that previously served on the committee.
SECTION 14. Sections 56-5-4210 and 56-5-4220 of the 1976 Code are amended to read:
"Section 56-5-4210.
(A) Anything in this article to
the contrary notwithstanding, the Department of Transportation
with respect to state highways and local authorities with
respect to highways under their jurisdiction may prescribe, by
notice as herein provided, loads and weights and speed limits
lower than the limits prescribed in this chapter and other laws,
whenever in their judgment any road or part thereof or any
bridge or culvert shall by reason of its design, deterioration,
rain or other climatic or natural causes be liable to be damaged
or destroyed by motor vehicles, trailers or semitrailers, if the
gross weight or speed limit thereof shall exceed the limits
prescribed in such notice. And the Department of Transportation
or such local authority may, by like notice, regulate or
prohibit, in whole or in part, the operation of any specified
class or size of motor vehicle, trailer or semitrailer on any
highways or specified parts thereof under its jurisdiction,
whenever in its judgment, such regulation or prohibition is
necessary to provide for the public safety and convenience on
such highways or parts thereof by reason of traffic density,
intensive use thereof by the traveling public or other reasons
of public safety and convenience. The notice or the substance
thereof shall be posted at conspicuous places at terminals of
and all intermediate cross-roads and road junctions with the
section of highway to which such notice shall apply. After any
such notice shall have been posted, the operation of any motor
vehicle or combination contrary to its provisions shall
constitute a violation of this chapter.
(B) The
imposition of any restrictions pursuant to subsection (A) must
be first approved by the Department of Transportation on any
highways transferred to local authorities after 2015.
Section 56-5-4220. No
limitation shall be established by any county, municipal or
other local authority pursuant to the provisions of Section
56-5-4210 that would interfere with or interrupt traffic as
authorized hereunder over state public
highways, including officially established detours for such
highways and cases where such traffic passes over roads, streets
or thoroughfares within the sole jurisdiction of such county,
municipal or other local authority, unless such limitations and
further restrictions shall have first been approved by the
Department of Transportation, except that with respect to county
roads, other than such as are in use as state highway detours,
the respective county road authorities shall have full power and
authority to further limit the weights of vehicles upon bridges
and culverts that have failed to meet National Bridge
Inspection Standards as administered by the Department of
Transportation upon such public notice as they deem
sufficient, and existing laws applicable thereto shall not be
affected by the terms of this article."
SECTION 15. Section 12-28-310(A) of the 1976 Code is amended to read:
"(A) Subject to
the exemptions provided in this chapter, a user fee of
sixteen ten cents a gallon is imposed
on:
(1)
all gasoline, gasohol, or blended fuels containing
gasoline that are used or consumed for any purpose in this
State; and
(2)
all diesel fuel, substitute fuels, or alternative fuels,
or blended fuels containing diesel fuel that are used or
consumed in this State in producing or generating power for
propelling motor vehicles."
SECTION 16. Section 56-11-410 of the 1976 Code is amended to read:
"Section 56-11-410.
A road tax for the privilege of using the streets and
highways in this State is imposed upon every motor carrier. The
tax is equivalent to sixteen ten cents a
gallon, calculated on the amount of gasoline or other motor fuel
used by the motor carrier in its operations within this State.
Except as credit for certain taxes as provided for in this
chapter, taxes imposed on motor carriers by this chapter are in
addition to taxes imposed upon the carriers by any other
provision of law."
SECTION 17. Section 56-11-450(A) of the 1976 Code is amended to read:
"(A) Every motor
carrier subject to the tax imposed under this chapter is
entitled to a credit on the tax equivalent to
sixteen ten cents per gallon on all
gasoline or other motor fuel purchased by the carrier within
this State for use in operations either within or without this
State and upon which gasoline or other motor fuel the tax
imposed by the laws of this State has been paid by the carrier.
Evidence of the payment of the tax in such form as may be
required by or is satisfactory to the Department of Motor
Vehicles must be furnished by each carrier claiming the
credit."
SECTION 18. Section 12-36-2110 of the 1976 Code is amended by adding a new subsection at the end to read:
"(F) Notwithstanding the provisions of subsection (A), after June 30, 2015, the maximum tax imposed pursuant to this chapter on the sale, lease, or registration of a motor vehicle is increased from three hundred dollars to five hundred dollars, mutatis mutandis."
SECTION 19. A. Section 12-36-2647 of the 1976 Code, as added by Act 98 of 2013, is amended to read:
"Section 12-36-2647.
(A) Notwithstanding the provisions of Section
59-21-1010, fifty percent of the revenues of
sales, use, and casual excise taxes derived pursuant to Sections
12-36-2620(1) and 12-36-2640(1) on the sale, use, or titling of
a motor vehicle required to be licensed and registered by the
South Carolina Department of Motor Vehicles, otherwise required
to be credited as provided pursuant to Section 59-21-1010,
instead must be credited to the State
Non-Federal Aid Highway Fund established pursuant to Section
57-11-20 State Highway Fund and the general fund
equally; however, each fiscal year, once the general fund
receives fifty million dollars in these revenues, the State
Highway Fund shall receive the entirety of the remainder.
Revenues credited to the State Non-Federal Aid Highway
Fund State Highway Fund pursuant to this section
must be used exclusively for highway, road, and bridge
maintenance, construction, and repair.
(B)
Notwithstanding the provisions of Section 59-21-1010,
any increase in revenue attributable to Section 12-36-2110(F)
from the sales, use, and casual excise taxes derived pursuant to
Sections 12-36-2620(2) and 12-36-2640(2) on the sale, use, or
titling of a motor vehicle required to be licensed and
registered by the South Carolina Department of Motor Vehicles,
otherwise required to be credited as provided pursuant to
Section 59-21-1010, instead must be credited the State Highway
Fund. Revenues credited to the State Highway Fund pursuant to
this section must be used exclusively for highway, road, and
bridge maintenance, construction, and repair.
(C)
Notwithstanding the provisions of this section, in
Fiscal Year 2015-2016, the amount transferred to the State
Highway Fund pursuant to this section may not exceed the amount
transferred to the State Non Federal Aid Highway Fund pursuant
to this section in Fiscal Year 2014-2015 by more than fifty
million dollars."
B. Article 1, Chapter 43, Title 11 of the 1976 Code is amended by adding:
"Section
11-43-167. (A) In
addition to all other entitlements, each fiscal year, the State
Treasurer shall transfer fifty million dollars from nontax
sources in the state general fund to the South Carolina
Transportation Infrastructure Bank. The treasurer may transfer
the total amount in one lump sum or the treasurer may transfer
the amount quarterly in four equal installments. The transfer
is exempt from any across-the-board reductions. The transferred
funds must be used solely by the bank to finance bridge
replacement, resurfacing and rehabilitation projects, and
expansion and improvements to existing mainline interstates.
(B) The Department of
Transportation shall submit a list of bridge and road projects
to the bank for its consideration. Transferred funds may not be
used for projects approved by the bank before July 1, 2015.
(C) The General
Assembly may designate the source of nontax revenue from which
the transfer must be made."
SECTION 20. Chapter 28, Title 12 of the 1976 Code is amended by adding:
Section 12-28-410. (A)
There is imposed an excise tax on motor
fuels subject to the user fee imposed pursuant to this chapter.
The excise tax must be levied against the wholesale price of the
motor fuels, as determined pursuant to subsection (B).The excise
tax rate is equal to the cumulative sales tax rate imposed by
the State.
(B)(1) Each calendar
year is divided into two base periods. The department must
determine the wholesale price for each base period based on the
wholesale price of the motor fuels. The two base periods are
six-month periods, with one ending on September thirtieth and
one ending on March thirty-first. The wholesale price set by
the department using information for the base period that ends
on September thirtieth applies to the six-month period that
begins the following January first. The wholesale price set by
the department using information for the base period that ends
on March thirty-first applies to the six-month period that
begins the following July first.
(2)
To determine the wholesale price of the motor fuels for
each base period, the department must use information on refiner
and gas plant operator sales prices of finished motor gasoline
and diesel fuel for resale, published by the United States
Department of Energy in the 'Monthly Energy Review', or
equivalent data. The department must use a weighted average of
the results for each motor fuel based on the proportion of
excise tax collected on each pursuant to subsection (A) to the
base period. The department must then convert the weighted
average price to a cents-per-gallon price for all motor fuel and
round the price to the nearest one-tenth of a cent. If the
converted cents-per-gallon price is exactly between two-tenths
of a cent, the department must round the price up to the higher
of the two. Then, the department must round the
cents-per-gallon price to the nearest whole cent.
(3)
Notwithstanding item (2), for purposes of this article,
the wholesale price of the motor fuels may not change by more
than twenty-five percent from one base period to the next.
(4)
Notwithstanding any other provision of this section, the
excise tax, when applied to the wholesale price of motor fuels
for the applicable base period, must never exceed the equivalent
of sixteen cents a gallon.
Section 12-28-420. All revenue collected pursuant to this article must be credited to the State Highway Fund.
Section 12-28-430. Except where specified otherwise, the excise tax imposed pursuant to this article shall be imposed, collected, and administered in the same manner as the user fee imposed pursuant to Section 12-28-310.
Section 12-28-440. The department may promulgate regulations necessary to implement the provisions of this article."
SECTION 21. Chapter 11, Title 57 of the 1976 Code is amended by adding:
Section 57-11-910. There is an excise tax for the privilege of using the streets and highways in this State imposed upon every motor carrier. The excise tax must be levied against the wholesale price of the motor fuels, as determined in the same manner as the excise tax imposed pursuant to Article 4, Chapter 28, Title 12. The excise tax rate is equal to the cumulative sales tax rate imposed by the State. The excise tax must be calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State.
Section 57-11-920. All revenue collected pursuant to this article must be credited to the State Highway Fund.
Section 57-11-930. Except where specified otherwise, the excise imposed pursuant to this article shall be imposed, collected, and administered in the same manner as the road tax imposed pursuant to Section 56-11-410, including the credit provisions of Section 56-11-450, mutatis mutandis.
Section 57-11-940. The department may promulgate regulations necessary to implement the provisions of this article."
SECTION 22. Section 12-6-510 of the 1976 Code is amended to read:
"Section 12-6-510. (A) For taxable years beginning after 1994, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220
2.5 percent of taxable income
Over $2,220 but not over $4,440
$56 plus 3 percent of the
excess over $2,220;
Over $4,440 but not over $6,660
$123 plus 4 percent of the
excess over $4,440;
Over $6,660 but not over $8,880
$212 plus 5 percent of the
excess of $6,660;
Over $8,880 but not over $11,100
$323 plus 6 percent of the
excess over $8,880;
Over $11,100
$456 plus 7 percent of the excess over
$11,100.
(B) For taxable year 2016, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
BUT NOT
OVER
OVER
--0--
$ 0
$ 3,080
0% Times the
amount
3,080
6,160
3% Times the amount less $ 92
6,160
9,240
4% Times the amount less $154
9,240
12,320
5% Times the amount less $246
12,320
15,400
6% Times the amount less $370
15,400
7% Times the amount less $524
(C) For taxable years beginning after 2016, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
BUT NOT
OVER
OVER
--0--
$ 0
$ 3,270
0% Times the
amount
3,270
6,540
3% Times the amount less $ 98
6,540
9,810
4% Times the amount less $164
9,810
13,080
5% Times the amount less $262
13,080
16,350
6% Times the amount less $392
16,350
7% Times the amount less $556
(D) The department may prescribe tax tables consistent with the rates set pursuant to subsection (A)."
SECTION 23. Section 12-6-520 of the 1976 Code is amended to read:
"Section 12-6-520.
(A) Each December
15 fifteenth, the department shall
cumulatively adjust the brackets in Section 12-6-510 in the same
manner that brackets are adjusted in Internal Revenue Code
Section (1)(f). However, the adjustment is limited to one-half
of the adjustment determined by Internal Revenue Code Section
(1)(f), may not exceed four percent a year, and the rounding
amount provided in (1)(f)(6) is ten dollars. The brackets, as
adjusted, apply in lieu of those provided in Section 12-6-510
for taxable years beginning in the succeeding calendar year.
Inflation adjustments must be made cumulatively to the income
tax brackets.
(B)
Notwithstanding subsection (A), for income tax years
2016 and 2017, the department shall not adjust the
brackets."
SECTION 24. The General
Assembly finds that all the provisions contained in this act
relate to one subject as required by Section 17, Article III of
the South Carolina Constitution in that each provision relates
directly to or in conjunction with other sections to the subject
of infrastructure financing and oversight.
The General Assembly further finds that a
common purpose or relationship exists among the sections,
representing a potential plurality but not disunity of topics,
notwithstanding that reasonable minds might differ in
identifying more than one topic contained in the act.
SECTION 25. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 26. If any part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, subparts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 27. Except where otherwise provided, this act takes effect July 1, 2015. /
Renumber sections to conform.
Amend title to conform.