H 4383 General Bill, By Phillips, Alexander, Allison, Askins, Bailey, 
J.M. Baxley, Boan, R.S. Corning, Delleney, T.L. Farr, R.C. Fulmer, Gamble, 
S.E. Gonzales, Harrell, J.P. Harrelson, J.L. Harris, P.B. Harris, Harvin, 
Inabinett, Jennings, Kirsh, Lanford, J.G. McAbee, D.E. McTeer, Meacham, Neilson, 
Rhoad, Richardson, I.K. Rudnick, J.S. Shissias, J.J. Snow, Spearman, Stille, 
E.C. Stoddard, Stuart, Townsend, D.C. Waldrop, Walker, Wilder, J.B. Wilder, 
Wilkins, Witherspoon and H.G. Worley
 A Bill to amend Section 12-27-400, as amended, Code of Laws of South Carolina,
 1976, relating to distribution and use of the 2.66 a gallon gasoline tax, so
 as to provide for the expenditure of a county's apportionment of the "C" Funds
 and to change department names.

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Ways and Means
   01/11/94  House  Introduced and read first time HJ-37
   01/11/94  House  Referred to Committee on Ways and Means HJ-38

A BILL

TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES.

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 and 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 of Transportation must 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 not be construed as prohibiting the county legislative delegation from making project recommendations to the county transportation 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. An amount not to exceed seventy-five percent of a county's apportionment of `C' construction funds may be expended for local paving or improving county roads for street and traffic signs and other paving projects. Roads constructed of rock that are constructed using the seventy-five percent `C' construction funds 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 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 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. Funds received by donor counties pursuant to this subsection must be expended as provided in subsection (C) and in accord with other provisions of this section.

(I) In expending funds under this section, counties that elect to provide for engineering, contracting, and project supervision must 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 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 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 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 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.