H 3148 Session 110 (1993-1994)
H 3148 General Bill, By R.S. Corning, Canty, Cooper, Delleney, R.C. Fulmer,
H.M. Hallman, Harrison, M.F. Jaskwhich, Klauber, Robinson, J.S. Shissias and
C.L. Sturkie
A Bill to amend Section 12-27-400, as amended, Code of Laws of South Carolina,
1976, relating to distribution and use of "C" funds, so as to provide that the
county "C" funds must be expended by the county governing body.
01/14/93 House Introduced and read first time HJ-18
01/14/93 House Referred to Committee on Education and Public
Works HJ-18
A BILL
TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DISTRIBUTION AND USE OF "C" FUNDS, SO AS TO
PROVIDE THAT THE COUNTY "C" FUNDS MUST BE
EXPENDED BY THE COUNTY GOVERNING BODY.
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 Part II, Section 23, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the commission
pursuant to the provisions of Section 12-27-240 must be deposited
with the State Treasurer and expended on the State Highway
Secondary System for construction, improvements, and maintenance
and, together with any other funds made available for the purpose,
must be apportioned among the counties of the State in the following
manner: one-third in the ratio which the land area of the county bears
to the total land area of the State; 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 one-third in the ratio
which the mileage of all rural public 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.
Seventy-five percent of a county's apportionment of `C' construction
funds may be expended for local paving or improving county roads
and for street and traffic signs and other paving projects. A majority
of the legislative delegation members, including a majority of the
senators and a majority of the members of the House of
Representatives representing the county governing body of the
county, in which the expenditures are to be made, must
approve the roads upon which `C' construction funds are to be
expended as permitted by this paragraph, and they may
contract for the improvements. Roads which are improved using the
seventy-five percent `C' construction funds must be maintained by the
governing body of the county. Roads constructed of rock using `C'
construction funds must consist of not less than one inch nor more
than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the
seventy-five percent `C' construction funds must be at least equal to
the amount of revenue derived from the tax of 2.66 cents on motor
fuel.
The expenditure of funds known as `C' construction funds must
have the approval of a majority of the legislative delegation
members of the county governing body in which the
expenditures are to be made. The approval of the expenditure of `C'
funds must be in an equitable manner in the incorporated and
unincorporated areas of the county.
Each county legislative delegation governing body
must be notified by the department no later than July 30 of each year
as to the balance of any unexpended `C' funds from the previous
fiscal year. All unexpended `C' fund monies must remain in that
account for the succeeding fiscal year and must be expended as
provided for in this section."
SECTION 2. This act takes effect upon approval by the Governor.
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