S 0031 General Bill, By M.T. Rose
 A Bill to amend Chapter 12, Title 58, Code of Laws of South Carolina, 1976, by
 adding Article 2 so as to provide for the payment of highway right-of-way user
 fees, to provide for certain definitions, to require the Department of
 Highways and Public Transportation to collect such annual fees and to deposit
 these fees in the State Highway Fund to be used exclusively for the
 construction and maintenance of state roads, to require a utility company to
 annually verify by affidavit its usage of state highway rights-of-way, and to
 provide penalties for late filings.

   09/10/90  Senate Prefiled
   09/10/90  Senate Referred to Committee on Transportation
   01/08/91  Senate Introduced and read first time SJ-33
   01/08/91  Senate Referred to Committee on Transportation SJ-33

A BILL

TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR THE PAYMENT OF HIGHWAY RIGHT-OF-WAY USER FEES, TO PROVIDE FOR CERTAIN DEFINITIONS, TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO COLLECT SUCH ANNUAL FEES AND TO DEPOSIT THESE FEES IN THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR THE CONSTRUCTION AND MAINTENANCE OF STATE ROADS, TO REQUIRE A UTILITY COMPANY TO ANNUALLY VERIFY BY AFFIDAVIT ITS USAGE OF STATE HIGHWAY RIGHTS-OF-WAY, AND TO PROVIDE PENALTIES FOR LATE FILINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 12, Title 58 of the 1976 Code is amended by adding:

"Article 2

Section 58-12-400. When used in Article 2 of this chapter:

(1) The term 'utility company' means every public or private entity or person which furnishes or supplies cable television, electricity, gas, heat, light, telephone or

telegraph, water, sewage collection, or sewage disposal for compensation; and

(2) The term 'department' refers to the Department of Highways and Public Transportation.

Section 58-12-440. Utility companies operating in this State must pay an annual fee of ten dollars per mile to the State of South Carolina for the usage of highway rights-of-way. The revenue derived from the annual fees must be used by the department exclusively for the construction and maintenance of state roads.

Section 58-12-470. (A) The department must administer the provisions of this article. The monies collected annually from each utility company must be deposited into the State Highway Fund. No later than the first of July of each year, each utility company operating in this State must submit to the department a sworn affidavit of the amount of its highway right-of-way usage during the preceding year together with payment of the appropriate amount. The department must use its records to verify the affidavit and bill each utility company for any unpaid amount due. If any affidavit and payment are not submitted by the required date, the utility company is subject to a civil penalty calculated daily at the rate of eighteen percent per annum of the amount due. The department may inspect the records of any utility company to verify the accuracy of any affidavit or payment.

(B) The department must initiate appropriate legal action, which may include obtaining injunctions and seizing assets after a fair hearing to enforce the fee requirements of this article."

SECTION 2. Each utility company in operating in this State must submit to the department a sworn affidavit of its highway right-of-way usage together with payment of fees in the appropriate amount beginning July 1, 1991.

SECTION 3. This act takes effect upon approval by the Governor.