S 961 Session 110 (1993-1994)
S 0961 General Bill, By Bryan
A Bill to amend Section 12-27-400, Code of Laws of South Carolina, 1976, as
amended, relating to the distribution and use of the 2.66 cents a gallon
gasoline tax, so as to provide for the uses of the "C" Funds including the use
of "C" Funds on state, county, and municipal highway systems; to provide that
up to fifty percent of "C" Funds may be expended for local paving or improving
county roads and for street and traffic signs, including rocking programs; to
provide that the General Assembly in the annual General Appropriation Act may
transfer funds to local county governing bodies; to provide that the Tax
Commission submit to a county transportation committee a percentage of the
funds collected; to provide that countywide and regional transportation plans
which affect the State Highway System be reviewed and approved by the
Department of Transportation; and to provide that the provisions of this
Section may not affect the State Highway System except by written agreement of
the Department of Transportation.
12/20/93 Senate Prefiled
12/20/93 Senate Referred to Committee on Transportation
01/11/94 Senate Introduced and read first time SJ-60
01/11/94 Senate Referred to Committee on Transportation SJ-60
04/05/94 Senate Committee report: Favorable with amendment
Transportation SJ-6
04/12/94 Senate Amended SJ-22
04/12/94 Senate Read second time SJ-26
04/12/94 Senate Ordered to third reading with notice of
amendments SJ-26
04/13/94 Senate Read third time and sent to House SJ-25
04/13/94 Senate Reconsidered SJ-26
04/14/94 Senate Amended SJ-43
04/14/94 Senate Read third time and sent to House SJ-43
04/19/94 House Introduced and read first time HJ-5
04/19/94 House Referred to Committee on Ways and Means HJ-6
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 14, 1994
S. 961
Introduced by SENATOR Bryan
S. Printed 4/14/94--S.
Read the first time January 11, 1994.
A BILL
TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH
CAROLINA, 1976, AS AMENDED, RELATING TO THE
DISTRIBUTION AND USE OF THE 2.66 CENTS A GALLON
GASOLINE TAX, SO AS TO PROVIDE FOR THE USES OF
"C" FUNDS INCLUDING THE USE OF "C"
FUNDS ON STATE, COUNTY, AND MUNICIPAL HIGHWAY
SYSTEMS; TO PROVIDE THAT UP TO FIFTY PERCENT OF
"C" FUNDS MAY BE EXPENDED FOR LOCAL PAVING
OR IMPROVING COUNTY ROADS AND FOR STREET AND
TRAFFIC SIGNS, INCLUDING ROCKING PROGRAMS; TO
PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL
GENERAL APPROPRIATION ACT MAY TRANSFER FUNDS TO
LOCAL COUNTY GOVERNING BODIES; TO PROVIDE THAT THE
TAX COMMISSION SUBMIT TO A COUNTY TRANSPORTATION
COMMITTEE A PERCENTAGE OF THE FUNDS COLLECTED; TO
PROVIDE THAT COUNTYWIDE AND REGIONAL
TRANSPORTATION PLANS WHICH AFFECT THE STATE
HIGHWAY SYSTEM BE REVIEWED AND APPROVED BY THE
DEPARTMENT OF TRANSPORTATION; AND TO PROVIDE THAT
THE PROVISIONS OF THIS SECTION MAY NOT AFFECT THE
STATE HIGHWAY SYSTEM EXCEPT BY WRITTEN AGREEMENT
OF THE DEPARTMENT OF TRANSPORTATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-27-400 of the 1976 Code, as last amended by
Section 23, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-400. (A) The monies collected pursuant to
the provisions of Section 12-27-240 must be deposited with the
State Treasurer and expended on the State Highway System for
construction, improvements, and maintenance, together with any other
funds made available for the purpose, 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 in the ratio which the land area of the county bears
to the total land area of the State;
(2) one-third 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; and
(3) one-third 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 Highways and
Public Transportation. The Tax Commission
Department of Revenue and Taxation shall add a line in the
sales, use, and local option sales tax return form for the collection of
information regarding the number of gallons of gasoline sold in each
county for use in making allocations of `C' funds as provided in this
section. The Tax Commission Department of Revenue and
Taxation shall submit the percentage of the total represented by
each county to the commission each county transportation
committee by the twenty-fifth day of the month following the end
of the calendar quarter.
(B) A county transportation committee that provides its own
engineering, contracting, and project supervision may elect to receive its
allocation directly from the commission on an annual basis.
However, Upon request of a county transportation committee, the
Department must of Transportation shall continue to
administer the funds allocated to the county.
(C) (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 and
unincorporated areas of the county. 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 may does not be construed as
prohibiting 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 one
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 twenty-five percent of a county's apportionment of
`C' funds must be expended on the state highway system for
construction, improvements, and maintenance. The county
transportation committee, at its discretion, may expend up to
seventy-five percent of `C' construction funds for activities including,
but not limited to, local paving or improving county roads, for street and
traffic signs, and for other paving projects. Roads constructed of rock
must consist of not less than one inch nor more than two and one-half
inches of rock or its equivalent.
(D) The funds allocated to the county also may be used to
issue county bonds or state highway bonds as provided in subsection (J)
of this section, pay directly for appropriate projects,
including engineering, contracting, and project supervision, and
match federal funds available for appropriate projects.
(E) All unexpended `C' funds allocated to a county remain in the
account allocated to the county for the succeeding fiscal year and must
be expended as provided in this section.
(F) The countywide and regional transportation plans as
provided for in this section must be reviewed and approved by the
South Carolina Department of Highways and Public
Transportation. Prior to Before the expenditure of
funds by the a county transportation committee, the
committee must shall adopt specifications for local road
projects. In counties electing to receive expend their
allocation directly pursuant to subsection (B) (A),
specifications of roads built with `C' funds are to be established by the
countywide or regional transportation committee. In counties
electing in which the county transportation committee
elects to have their `C' funds administered by the
Department of Transportation, primary and secondary roads
built using `C' funds must meet Department of Transportation
specifications.
(G) The provisions of This section may must
not be construed as affecting the plans and implementation of plans for
a Statewide Surface Transportation System as developed by the
South Carolina Department of Highways and Public
Transportation.
(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) of this
section. In addition to the allocation to the counties pursuant to
subsection (A) of this section, 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)
of this section is to the total excess contributions of all donor
counties.
(I) In expending funds under this section, counties that elect
to provide for engineering, contracting, and project supervision
must shall use a procurement system which requires
competitive sealed bids and public advertisement of all projects. All
bids for contracts in excess of one hundred thousand dollars must be
accompanied by certified bid bonds, and all work awarded under
such the contracts must be covered by performance and
payment bonds for one hundred percent of the contract value. Bid
summaries must be published in a newspaper of general distribution
following each award.
(J) There are authorized the issuance of State highway bonds
may be issued for the completion of projects for which `C'
funds may be expended for projects as determined by the
county transportation committee. The applicable source for
payment of principal and interest on the bonds is the share of `C' fund
revenues available for use by the county transportation
committee. The application for such the bonds must be
filed by the county transportation committee with the
Commission of the Department of Transportation and the State
Treasurer, which shall in turn forward the application to the State
Budget and Control Board which. The Budget and Control
Board shall consider the application in the same manner that it
considers state highway bonds, mutatis mutandis."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |