Reference is to Printer's Date 4/14/15-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Voluntary Infrastructure Funding Act".
SECTION 2. Chapter 28, Title 12 of the 1976 Code is amended by adding:
Section 12-28-410. In
addition to the user fee imposed pursuant to Section 12-28-310,
a user fee equal to twenty-one 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.
(3) Notwithstanding
subsection (A), beginning July 1, 2015, and every July first
thereafter, the user fee imposed by this section shall be
adjusted to the national average of taxes and fees imposed by
the states on a gallon of motor fuel. The Revenue and Fiscal
Affairs Office shall determine the national average. However,
the user fee imposed by this section may not be adjusted by more
than two cents per gallon from one July first to the next.
Section 12-28-420. (A)
All revenue collected pursuant to this
article must be credited to the State Highway Fund, and only may
be expended on transportation infrastructure repair and
maintenance. The revenue collected pursuant to this article
must not be used on new road construction projects.
(B) Once a
transportation infrastructure project, funded by the user fee
imposed by this article, is completed, the Department of
Transportation (DOT) may offer ownership of the infrastructure
to the county in which the project is located. If the local
governing body of the county accepts the DOT's offer, the DOT
shall transfer ownership of the infrastructure and the county
becomes responsible for maintaining the infrastructure.
However, the county is not required to accept ownership of the
transportation infrastructure.
Section 12-28-430. (A)
Motor fuel exempt from the user fee imposed
pursuant to Section 12-28-310 is also exempt from the user fee
imposed by this article. Further, the provisions of Article 7
also apply to the additional user fee imposed pursuant to this
article.
(B) A resident
individual may elect to exempt himself from the additional user
fee imposed by this article by providing proof of residency to
the retailer. If the resident individual elects to exempt
himself, the retailer must not collect the additional user fee.
Section 12-28-440. The retailer shall remit the additional user fee on its sales tax return. The department must amend the sales tax return so as to separate the additional user fee.
Section 12-28-450. The department may promulgate regulations necessary to implement the provisions of this article."
SECTION 3. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3765. A resident individual may claim an income tax credit for the additional user fee paid pursuant to Section 12-28-410. The credit equals ten percent of the amount of additional user fee paid for which the resident individual elected not to exempt himself. The department may require the proof it determines necessary to prove the amount of additional user fee paid."
B. This section takes effect upon approval by the Governor and first applies to tax years beginning after 2014.
SECTION 4. Unless reauthorized by the General Assembly, the provisions of this act shall no longer be effective on July 1, 2020.
SECTION 5. Except where provided otherwise, this act takes effect July 1, 2015. /
Renumber sections to conform.
Amend title to conform.