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Current Status Bill Number:View additional legislative information at the LPITS web site.17 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010110 Primary Sponsor:Ravenel All Sponsors:Ravenel, Branton, Grooms, Mescher, Passailaigue, Ford, McConnell Drafted Document Number:l:\council\bills\gjk\20035htc01.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Gasoline tax revenues, C construction funds, apportionment to donor counties; Fuel, Political Subdivisions, Taxation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010110 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF GASOLINE TAX "C" FUND REVENUES TO COUNTIES, SO AS TO REPLACE THE EXISTING FORMULA FOR THE DISTRIBUTION TO DONOR COUNTIES OF THE NINE AND ONE-HALF MILLION DOLLARS ANNUALLY TRANSFERRED FROM THE STATE HIGHWAY FUND TO DONOR COUNTIES AS ADDITIONAL "C" FUNDS BY PROVIDING THAT BEGINNING JULY 1, 2001, DONOR COUNTIES SHALL RECEIVE A FIXED AMOUNT OF THESE TRANSFERRED FUNDS, AND TO PROVIDE THE METHOD OF CALCULATING THIS FIXED AMOUNT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subsections (A) and (H) of Section 12-28-2740 of the 1976 Code are amended to read:
"(A) The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies must be apportioned among the counties of the State in the following manner:
(1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;
(3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation; The Department of Revenue shall collect the information required pursuant to Section 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by May first of the following calendar year.
Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county;.
(4) for distribution in 1997, a transitional year as the result of the change of date for reporting the percentages referenced in item (3) to May first, the Department of Transportation shall use the latest data available from the Department of Revenue, which was derived from sales data for the 1995 calendar year.
All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund.
All earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in the ratio that the county's annual distribution is of the total of these distributions statewide. These distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own 'C' funds."
"(H) For purposes of this subsection, 'donor county' means a county that contributes to the "C" fund an amount in excess of what it receives under the allocation formula as stated in subsection (A). In addition to the allocation to the counties pursuant to subsection (A), the Department of Transportation annually shall transfer from the state highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of "C" fund revenue allocated to the county under subsection (A) to the total excess contributions of all donor counties.(1) For purposes of this subsection:
(a) 'Allocation' means a share of the nine and one-half million dollars transferred annually from the State Highway Fund to donor counties during the base period.
(b) 'Base period' means the seven fiscal years beginning July 1, 1993, and ending after June 30, 2000.
(c) 'Donor county' means a county receiving an allocation any time during the base period.
(2) Beginning July 1, 2001, there is transferred each fiscal year from the State Highway Fund for the use of donor counties as additional 'C' funds the sum of nine and one-half million dollars. The share a donor county receives of the annually transferred sum is determined as provided in item (3) and the receipt of a donor county of an allocation in the base period is no guarantee that it shall receive any amount under this item.
(3) The Department of Transportation shall calculate a percentage for each donor county by averaging the percentage of each donor county's allocation for each fiscal year of the base period, not including in the average the fiscal years of the donor county's largest and smallest allocation. This adjusted average percentage multiplied by the amount provided in item (2) is the sum each donor county shall receive pursuant to this subsection."
SECTION 2. This act takes effect upon approval by the Governor.
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