H 3331 Session 110 (1993-1994)
H 3331 General Bill, By Davenport
A Bill to amend Section 12-27-400, as amended, Code of Laws of South Carolina,
1976, relating to use of "C" Construction Funds, so as to provide that
twenty-five percent of a county's apportionment may be used for maintenance
and repair of the county's infrastructure.
02/02/93 House Introduced and read first time HJ-10
02/02/93 House Referred to Committee on Ways and Means HJ-10
A BILL
TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO USE OF
"C" CONSTRUCTION FUNDS, SO AS TO PROVIDE
THAT TWENTY-FIVE PERCENT OF A COUNTY'S
APPORTIONMENT MAY BE USED FOR MAINTENANCE AND
REPAIR OF THE COUNTY'S INFRASTRUCTURE.
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 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, 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.
Twenty-five percent of a county's apportionment of `C'
construction funds may be expended for the maintenance and repair of
the county's infrastructure which includes but is not limited to water and
sewer lines.
The expenditure of funds known as `C' construction funds must have
the approval of a majority of the legislative delegation members of the
county 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 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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