Reference is to Printer's Date 4/14/15-H.
Amend the bill, as and if amended, by striking SECTION 8 and
inserting:
/ SECTION 8. Sections 3, 4, 5, and 6 as contained in this Part, take effect July 1, 2015, except that the members of the Commission of the Department of Transportation serving on June 30, 2015, shall continue to serve until their current term expires, and until their successor is appointed and found qualified. If a vacancy occurs in the seat of a member serving on June 30, 2015, before the member's term otherwise expires, the vacancy must be filled in the same manner as the current member was elected or appointed, and the member filling the vacancy shall serve until the term expires. The members serving on June 30, 2015, may be reappointed pursuant to Section 57-1-310, as amended by this act. /
Amend the bill further, by striking SECTION 9.A. and inserting:
/ 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
who represent a transportation district, ex officio;
one director two directors appointed by
the Speaker of the House of Representatives, at least one of
whom resides in or represents all or some portion of the
counties designated as distressed or least developed pursuant to
Section 12-6-3360 for 2009 or a county designated as such at the
time of appointment; 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, at least one of whom
resides in or represents all or some portion of the counties
designated as distressed or least developed pursuant to Section
12-6-3360 for 2009 or a county designated as such at the time of
appointment; 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." /
Amend the bill, as and if amended, by striking Section 57-1-100, as contained in SECTION 12, and inserting:
/ "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
shall 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
shall notify the governing body of each county of the roads
selected for transfer within the county. Also, the department
shall 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 shall
transfer at least one-third of the selected centerlines miles
within each county to the political subdivisions of that
respective county. However, if the governing body of the county
notifies the department by November 1, 2015, the governing body
of the county 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 governing body of the county or a municipality
does not notify the department or does not designate at least
one-third of the centerline miles, 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 governing body of the
political subdivision 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) The governing
body of the county 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 the governing body of the county wishes
to participate in the subsequent transfers set forth in
subsection (D), then the governing body of the county shall
notify the department by the September first immediately
preceding the transfer. Upon notifying the department, the
governing body of the county 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 shall 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 shall 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 must 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)
'Political subdivision' means counties and
municipalities.
(3)
'Road' has the same meaning as provided in Section
57-3-120." /
Amend the bill further, by striking Section 12-28-410(B), as contained in SECTION 20 and inserting:
/ (B)(1) The wholesale
price determined by the department is effective for the entire
calendar year. The department must determine the wholesale
price for the upcoming calendar year based on the wholesale
price of the motor fuels in the twelve month period from the
September thirtieth immediately preceding the upcoming fiscal
year and the September thirtieth of the preceding calendar
year.
(2)
To determine the wholesale price of the motor fuels for
the upcoming calendar year, 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 Oil Price
Information Service, 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,
from one calendar year to the next, the wholesale price of the
motor fuels may not change by more than an amount that would
cause the excise tax, when applied, to yield a two-cent per
gallon change.
(4)
Notwithstanding any other provision of this section, the
excise tax, when applied to the wholesale price of motor fuels
for the applicable calendar year, must never exceed the
equivalent of sixteen cents a gallon. /
Amend the bill further, by striking Section 12-28-430, as contained in SECTION 20, and inserting:
/ 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 including, but not limited to, that products exempt from the user fee pursuant to Section 12-28-710 are also exempt from the excise tax. /
Renumber sections to conform.
Amend title to conform.