H 3740 Session 110 (1993-1994)
H 3740 General Bill, By Davenport
A Bill to amend Section 12-27-400, as amended, Code of Laws of South Carolina,
1976, relating to the distribution and use of certain gasoline tax revenue, so
as to provide for an additional use of a county's apportionment of "C"
construction funds and to provide that "C" fund expenditures must be approved
by the governing body of the county rather than the legislative delegation.
03/18/93 House Introduced and read first time HJ-15
03/18/93 House Referred to Committee on Ways and Means HJ-15
04/21/93 House Tabled in committee
A BILL
TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION
AND USE OF CERTAIN GASOLINE TAX REVENUE, SO AS TO
PROVIDE FOR AN ADDITIONAL USE OF A COUNTY'S
APPORTIONMENT OF "C" CONSTRUCTION FUNDS
AND TO PROVIDE THAT "C" FUND EXPENDITURES
MUST BE APPROVED BY THE GOVERNING BODY OF THE
COUNTY RATHER THAN THE LEGISLATIVE DELEGATION.
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
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 infrastructure of the State
and on the State Highway Secondary System for construction,
improvements, and maintenance. and, together
Together with any other funds made available for the
purpose purposes,these funds 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;
(3) 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 portion of
the remaining funds may be used to enhance the infrastructure of the
county. 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 The 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
the governing body 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 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 January 1, 1994.
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