View Amendment Current Amendment: 3 to Bill 3579 Rep. COBB-HUNTER proposes the following Amendment No. 3 to H. 3579 (COUNCIL\BBM\3579C013.BBM.DG15):

Reference is to Printer's Date 4/14/15-H.

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." /

Renumber sections to conform.
Amend title to conform.