H*3666 Session 111 (1995-1996)
H*3666(Rat #0086, Act #0052 of 1995) General Bill, By
House Education and Public Works
A Bill to amend Title 4, Code of Laws of South Carolina, 1976, by adding
Chapter 37 so as to authorize counties to establish optional methods for the
financing of transportation facilities including the acquisition,
construction, equipment, and operation of highways, roads, streets, bridges,
and other transportation-related projects either alone, in partnership with
the South Carolina Department of Transportation, or jointly-operated projects
of the county and other governmental entities, and amend Section 57-3-615,
relating to tolls administered by the Department of Transportation so as to
provide that a toll project in excess of one hundred fifty million dollars may
only be initiated as provided in Chapter 37 of Title 4, and to amend Section
57-5-1330, relating to the powers of the Department of Transportation, so as
to provide that the Department may not designate as a turnpike facility any
highway, road, bridge, or other transportation facility funded in whole or in
part by a local option sales and use tax as provided in Chapter 37 of Title
4.-amended title
02/23/95 House Introduced, read first time, placed on calendar
without reference HJ-9
03/02/95 House Objection by Rep. L. Whipper HJ-19
03/02/95 House Amended HJ-20
03/02/95 House Objection by Rep. Kelley, Keegan, Witherspoon,
Thomas, Richardson, Riser & Hallman HJ-20
03/02/95 House Read second time HJ-38
03/15/95 House Read third time and sent to Senate
03/16/95 Senate Introduced and read first time SJ-8
03/16/95 Senate Referred to Committee on Transportation SJ-8
03/21/95 Senate Polled no report from Transportation Committee SJ-16
04/06/95 Senate Special order SJ-23
04/26/95 Senate Debate interrupted SJ-90
04/27/95 Senate Amended SJ-53
04/27/95 Senate Read second time SJ-52
04/27/95 Senate Ordered to third reading with notice of
amendments SJ-56
04/27/95 Senate Special order SJ-56
05/09/95 Senate Debate interrupted SJ-43
05/10/95 Senate Amended SJ-30
05/10/95 Senate Read third time and returned to House with
amendments SJ-49
05/11/95 House Concurred in Senate amendment and enrolled HJ-3
05/11/95 Ratified R 86
05/18/95 Became law without Governor's signature
05/18/95 Effective date 05/18/95
06/06/95 Copies available
06/06/95 Act No. 52
(A52, R86, H3666)
AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO
AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS
FOR THE FINANCING OF TRANSPORTATION FACILITIES
INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT,
AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES,
AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER
ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA
DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED
PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL
ENTITIES, TO AMEND SECTION 57-3-615, RELATING TO TOLLS
ADMINISTERED BY THE DEPARTMENT OF TRANSPORTATION
SO AS TO PROVIDE THAT A TOLL PROJECT IN EXCESS OF ONE
HUNDRED FIFTY MILLION DOLLARS MAY ONLY BE INITIATED
AS PROVIDED IN CHAPTER 37 OF TITLE 4, AND AMEND
SECTION 57-5-1330, RELATING TO THE POWERS OF THE
DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE
THAT THE DEPARTMENT MAY NOT DESIGNATE AS A
TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR
OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN
PART BY A LOCAL OPTION SALES AND USE TAX AS
PROVIDED IN CHAPTER 37 OF TITLE 4.
Be it enacted by the General Assembly of the State of South
Carolina:
Findings
SECTION 1. In furtherance of the powers granted to the counties of this
State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et
seq., of the 1976 Code, each of the counties of this State is authorized to
establish transportation authorities and to finance, following the public
hearing and referendum required in this act, the cost of acquiring,
designing, constructing, equipping and operating highways, roads, streets,
and bridges, and other transportation-related projects, either alone or in
partnership with other governmental entities including, but not limited to,
the South Carolina Department of Transportation.
Transportation facilities
SECTION 2. Title 4 of the 1976 Code is amended by adding:
"CHAPTER 37
Optional Methods for Financing
Transportation Facilities
Section 4-37-10. (A) Subject to requirements of this chapter and the
referendum described in Section 4-37-30, the governing body of a county
may by ordinance establish a transportation authority with all of the
rights and powers described in Section 4-37-20. If, pursuant to this
section, a county chooses to finance all of the cost of highways, roads,
streets, bridges, and other transportation-related projects and elects to
create an authority for that purpose, the members of the authority board
must be appointed by the county governing body in the manner it
determines.
(B) If a county chooses to enter into a partnership, consortium, or
other contractual arrangement with one or more other governmental
entities and if the parties choose to form an authority for such purpose,
those other governmental entities must have one or more designated
appointees on the authority board as provided in an intergovernmental
agreement to be entered into by the parties. In order for a county to
enter into the formation of an authority, partnership, consortium, or other
intergovernmental agreement pursuant to the provisions of this chapter
with other counties, a referendum on the action must be held by each
county and the referendum must be approved by each and every separate
county and together.
(C) For purposes of this chapter `governmental entity' is a county in
South Carolina, or the State of South Carolina and its departments and
agencies.
(D) The existence of any authority created pursuant to this chapter
must terminate not later than twelve months after a sales and use tax or
toll authorized by this chapter terminates.
Section 4-37-20. The board of the authority has all the rights and
powers of a public body, politic and corporate of this State including,
without limitation, all the rights and powers necessary or convenient to
manage the business and affairs of the authority and to take action as it
may consider advisable, necessary, or convenient in carrying out its
powers including, but not limited to, the following rights and powers:
(1) to have perpetual succession;
(2) to sue and be sued;
(3) to adopt, use, and alter a seal;
(4) to make and amend bylaws for regulation of its affairs consistent
with the provisions of this chapter;
(5) to acquire by gift, deed or easement, purchase, hold, use, improve,
lease, mortgage, pledge, sell, transfer, and dispose of any property, real,
personal, or mixed, or any interest in any property, or revenues of the
authority as security for notes, bonds, evidences of indebtedness, or other
obligations of the authority;
(6) to borrow money, make and issue notes, bonds, and other
evidences of indebtedness; to secure the payment of the obligations or
any part by mortgage, lien, pledge, or deed of trust, on any of its
property, contracts, franchises, or revenues;
(7) to make contracts, including service contracts with a person,
corporation, or partnership including, without limitation, the South
Carolina Department of Transportation, to provide the facilities and
services provided herein;
(8) to exercise the powers of eminent domain; and
(9) execute all instruments necessary or convenient for the carrying
out of business.
Section 4-37-25. An authority created pursuant to this chapter must
comply with Section 11-35-50. When procuring the construction,
maintenance, and repair of bridges, highways, and roads, an authority
must use the same procurement methods and apply the same procurement
requirements used by and applied to the South Carolina Department of
Transportation in the construction, maintenance, and repair of bridges,
highways, and roads including the provisions of Section 12-27-1320
except that when applying Section 12-27-1320, the contracting entity may
meet the expenditures standards of Section 12-27-1320 by either direct or
indirect contracts. For purposes of this provision, `contracting entity'
includes a governmental body and a private entity with which a
governmental body contracts for the construction, maintenance, and
repair of bridges, highways, and roads.
Section 4-37-30. To accomplish the purposes of this chapter,
counties are empowered to impose one but not both of the following
sources of revenue: a sales and use tax as provided in item (A) or to
authorize an authority established by the county governing body as
provided in Section 4-37-10 to use and impose tolls in accordance with
the provisions of item (B):
(A) Subject to the requirements of this section, the governing body of
a county may by ordinance impose a one percent sales and use tax within
its jurisdiction for a single project and for a specific period of time to
collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax
authorized by this section, subject to a referendum, by enacting an
ordinance. The ordinance must specify:
(a) the project and a description of the project for which the
proceeds of the tax are to be used, which may include projects located
within or without, or both within and without, the boundaries of the
county imposing the tax and which may include:
(i) highways, roads, streets, bridges, and other
transportation-related projects facilities including, but not limited to,
drainage facilities relating to the highways, roads, streets, bridges, and
other transportation-related projects;
(ii) jointly-operated projects of the county and South Carolina
Department of Transportation;
(iii) projects operated by the county or jointly-operated projects
of the county and other governmental entities.
(b) the maximum time, stated in calendar years or calendar
quarters, or a combination of them, not to exceed twenty-five years or
the length of payment for the project whichever is shorter in length, for
which the tax may be imposed;
(c) the estimated capital cost of the project to be funded in whole
or in part from proceeds of the tax and the principal amount of bonds to
be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission
shall conduct a referendum on the question of imposing the optional
special sales and use tax in the jurisdiction. If the ordinance is received
prior to January 1, 1996, the referendum must be held on the first
Tuesday occurring sixty days after the election commission receives the
ordinance. If that Tuesday is a legal holiday, then the referendum must
be held on the next succeeding Tuesday that is not a holiday. If the
ordinance is received on January 1, 1996, or thereafter, the referendum
must only be held at the time of a general election. The commission
shall publish the date and purpose of the referendum once a week for
four consecutive weeks immediately preceding the date of the
referendum, in a newspaper of general circulation in the jurisdiction. A
public hearing must be conducted at least fourteen days before the
referendum, after publication of a notice setting forth the date, time, and
location of the public hearing. The notice must be published in a
newspaper of general circulation in the county at least fourteen days
before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot
for each purpose and the question must read substantially as follows:
`I approve a special one percent sales and use tax to be imposed in
(county) for not more than (time) to fund the following project or
projects:
Project (1) for $
Yes
No
Project (2) etc.'
In addition, the referendum shall contain a question on the
authorization of general obligation bonds under the exemption provided
in Section 14(6), Article X of the Constitution of South Carolina, 1895,
so that revenues derived from the imposition of the optional sales and use
tax may be pledged to the repayment of the bonds. The additional
question must read substantially as follows:
`I approve the issuance of not exceeding $ ______________ of general
obligation bonds of ___________ County, maturing over a period not to
exceed _____ years to fund the _______________ project or project.
Yes _________
No _________'
If the referendum on the question relating to the issuance of general
obligation bonds is approved, the county may issue bonds in an amount
sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the
tax for a particular purpose shall vote `yes' and all qualified electors
opposed to levying the tax for a particular purpose shall vote `no'. If a
majority of the votes cast are in favor of imposing the tax for one or
more of the specified purposes, then the tax is imposed as provided in
this section; otherwise, the tax is not imposed. The election commission
shall conduct the referendum under the election laws of this State,
mutatis mutandis, and shall certify the result no later than sixty days after
the date of the referendum to the appropriate governing body and to the
Department of Revenue and Taxation. Included in the certification must
be the maximum cost of the project or facilities to be funded in whole or
in part from proceeds of the tax, the maximum time specified for the
imposition of the tax, and the principal amount of bonds to be supported
by the tax receiving a favorable vote. Expenses of the referendum must
be paid by the jurisdiction conducting the referendum. If the tax is
approved in the referendum, the tax is imposed effective the first day of
the month occurring one hundred eighty days after the date of the
referendum. If the certification is not timely made to the Department of
Revenue and Taxation, the imposition is postponed for twelve
months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition;
or
(b) the end of the calendar month during which the Department of
Revenue and Taxation determines that the tax has raised revenues
sufficient to provide the greater of either the cost of the project or
projects as approved in the referendum or the cost to amortize all debts
related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing
body of the jurisdiction authorizing the referendum for the tax shall by
definition include more than one item as defined in (a)(i) and (a)(ii) as
long as the projects are connected and form a single transportation
system.
(7) Amounts collected in excess of the required proceeds must first
be applied, if necessary, to complete each project for which the tax was
imposed. Any additional revenue collected above the specified amount
must be applied to the reduction of debt principal of the imposing
political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and
collected by the Department of Revenue and Taxation in the same
manner that other sales and use taxes are collected. The department may
prescribe the amounts which may be added to the sales price because of
the tax. (9) The tax authorized by this section is in addition to all
other local sales and use taxes and applies to the gross proceeds of sales
in the applicable jurisdiction which are subject to the tax imposed by
Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of
Title 12. The gross proceeds of the sale of items subject to a maximum
tax in Chapter 36 of Title 12 are exempt from the tax imposed by this
section. The gross proceeds of the sale of food lawfully purchased with
United States Department of Agriculture food stamps are exempt from
the tax imposed by this section. The tax imposed by this section also
applies to tangible personal property subject to the use tax in Article 13,
Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under Article 13, Chapter 36
of Title 12 shall identify the county in which the tangible personal
property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which
consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920,
who owns or manages rental units in more than one county shall
separately report in his sales tax return the total gross proceeds from
business done in each county.
(13) The gross proceeds of sales of tangible personal property
delivered after the imposition date of the tax levied under this section in
a county, either under the terms of a construction contract executed
before the imposition date, or a written bid submitted before the
imposition date, culminating in a construction contract entered into before
or after the imposition date, are exempt from the special local sales and
use tax provided in this section if a verified copy of the contract is filed
with the Department of Revenue and Taxation within six months after the
imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales
and use tax authorized pursuant to this section, with respect to services
that are regularly billed on a monthly basis, the special local sales and
use tax is imposed beginning on the first day of the billing period
beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under this
section must be remitted to the State Treasurer and credited to a fund
separate and distinct from the general fund of the State. After deducting
the amount of refunds made and costs to the Department of Revenue and
Taxation of administering the tax, not to exceed one percent of the
revenues, the State Treasurer shall distribute the revenues and all interest
earned on the revenues while on deposit with the State Treasurer
quarterly to the county in which the tax is imposed and these revenues
and interest earnings must be used only for the purpose stated in the
imposition ordinance. The State Treasurer may correct misallocation
costs or refunds by adjusting subsequent distributions, but these
adjustments must be made in the same fiscal year as the
misallocation.
(16) The Department of Revenue and Taxation shall furnish data to
the State Treasurer and to the counties receiving revenues for the purpose
of calculating distributions and estimating revenues. The information
which must be supplied to counties upon request includes, but is not
limited to, gross receipts, net taxable sales, and tax liability by taxpayers.
Information about a specific taxpayer is considered confidential and is
governed by the provisions of Section 12-54-240. A person violating
this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue and Taxation may promulgate
regulations necessary to implement this section.
(B)(1)(a) This item (B) is intended to provide an additional and
alternative method, subject to a referendum, for the provision of and
financing for highways, roads, streets, and bridges, and other
transportation-related projects, either alone or in partnership with other
governmental entities to the end that these transportation-related projects
may be undertaken in such manner as may best be calculated to expedite
relief of hazardous and congested traffic conditions on the highways in
the State, including the authorization for turnpike projects undertaken by
the Department of Transportation in Article 9 of Chapter 5 of Title 57.
The Department of Transportation is prohibited from removing funds
previously dedicated to the project or designated county area under its
allocation formula based upon the fact that a county has passed a
referendum to impose the tax provided in this chapter.
(b) Subject to the requirements of this item (B), the governing
body of a county may by ordinance authorize, subject to a referendum,
an authority to use tolls to finance projects authorized by this section.
(c) The ordinance enacted by the governing body of the county to
authorize an authority to use tolls must specify:
(i) the purpose for which the toll revenues are to be used which
may include jointly-operated projects between the authority and the South
Carolina Department of Transportation;
(ii) the maximum time, stated in calendar years or calendar
quarters, or a combination of them, not to exceed twenty-five years, for
which the tolls may be imposed; and
(iii) the maximum cost of the project or facilities to be funded in
whole or in part from toll revenues and the principal amount of bonds to
be supported by the tolls.
(d) Upon receipt of the ordinance, the county election commission
shall conduct a referendum on the question of authorizing an authority to
use tolls in the jurisdiction. The referendum must be held on the first
Tuesday occurring sixty days after the election commission receives the
ordinance. If that Tuesday is a legal holiday then the referendum must
be held on the next succeeding Tuesday that is not a holiday. The
commission shall publish the date and purpose of the referendum once a
week for four consecutive weeks immediately preceding the date of the
referendum, in a newspaper of general circulation in the jurisdiction. A
public hearing must be conducted at least fourteen days before the
referendum, after publication of a notice setting forth the date, time, and
location of the public hearing. The notice must be published in a
newspaper of general circulation in the county at least fourteen days
before the date fixed for the public hearing.
(e) A separate question must be included on the referendum ballot
for each purpose and the question must read substantially as follows:
`I approve the imposition of tolls on the following project or projects
in (county) for not more than (time) to fund the following project
or projects:
Project (1) for $
Yes
No
Project (2) etc.'
(f) All qualified electors desiring to vote in favor of imposing tolls
for a particular purpose shall vote `yes' and all qualified electors opposed
to imposing tolls for a particular purpose shall vote `no'. If a majority of
the votes cast are in favor of imposing tolls for one or more of the
specified purposes, then tolls are imposed as provided in this section;
otherwise, an authority is not authorized to impose tolls. A subsequent
referendum on this question, after the question is disapproved, must not
be held more than once in twenty-four months. The election commission
shall conduct the referendum under the election laws of this State,
mutatis mutandis, and shall certify the result no later than sixty days after
the date of the referendum to the appropriate county governing body and
authority and to the South Carolina Department of Transportation.
Included in the certification must be the maximum cost of the project or
facilities to be funded in whole or in part from proceeds of the tolls and
the maximum time specified for the imposition of the tolls receiving a
favorable vote. Expenses of the referendum must be paid by the
jurisdiction conducting the referendum.
(g) Tolls terminate on the earlier of:
(i) the final day of the maximum time specified for the
imposition; or
(ii) the end of the calendar month during which the authority
determines that the tolls have raised revenues sufficient to provide the
greater of either the cost of the project or projects as approved in the
referendum or the cost to amortize all debts related to the approved
projects.
(h) When tolls are imposed for more than one purpose, the
governing body of the jurisdiction authorizing the referendum for the
tolls shall determine the priority for the expenditure of the net proceeds
of the tolls for the purposes stated in the referendum.
(i) Amounts collected in excess of the required proceeds must first
be applied, if necessary, to complete each project for which the toll was
imposed; otherwise, the excess amounts must be credited to the general
fund of the jurisdiction imposing the tax for infrastructure use only.
(2) If the voters have approved the imposition of tolls by
referendum and if the authority enters into a partnership, consortium, or
other contractual arrangement with the Department of Transportation
relating to turnpike facilities, the authority may designate, establish, plan,
improve, construct, maintain, operate, and regulate designated highways,
roads, streets, and bridges as `turnpike facilities' as a part of the state
highway system or any federal aid system whenever the authority
determines the traffic conditions, present or future, justify these facilities.
Under such partnership arrangement, the authority may utilize funds
available for the maintenance of the state highway system for the
maintenance of any turnpike facility financed pursuant to this chapter. If
the authority determines it is feasible to make all or part of a construction
project a turnpike facility, it may engage in the preliminary estimates and
studies incident to the determination of the feasibility or practicability of
constructing any toll road as it from time to time considers necessary and
the cost of the preliminary estimates and studies may be paid from the
general highway fund and must be reimbursed from funds provided under
this chapter only if the studies and estimates lead to the construction of a
toll road.
(3) Under the partnership arrangement, the authority may acquire
such lands and property, including rights of access as may be needed for
turnpike facilities, by gift, devise, purchase, or condemnation by
easement or in fee simple as authorized by law on or after the effective
date of this chapter for acquiring property or property rights in
connection with other state highways.
(4) In designating, establishing, planning, abandoning, improving,
constructing, maintaining, and regulating turnpike facilities, the authority
may exercise such authorizations as are granted generally to the
Department of Transportation by the statutory law applicable to the state
highway system, except as they may be inconsistent with the provisions
included in this chapter.
(5) Whenever it becomes necessary that monies be raised for the
transportation facilities described in this chapter, the authority may issue
toll revenue bonds in a principal amount not to exceed the amount
authorized in the referendum to authorize the authority to impose tolls to
provide all or a portion of the cost of these facilities and maintenance of
the toll road after adopting its resolution setting forth the following:
(a) the toll facility proposed to be constructed;
(b) the amount required for feasibility studies, planning, design,
right-of-way acquisition, and construction of the toll facility;
(c) a tentative time schedule setting forth the period of time for
which the toll shall be imposed and set forth a schedule for elimination
of all or part of all tolls;
(d) a debt service table showing the estimated annual principal and
interest requirements for the proposed toll revenue bonds;
(e) any feasibility study obtained by the authority relating to the
proposed toll facility;
(f) any covenants to be made in the bond resolution respecting
competition between the proposed toll facility and possible future
highways whose construction would have an adverse effect upon the toll
revenues which would otherwise be derived by the proposed toll
facility;
(g) any additional revenue collected above the specified amount to
satisfy the principal and interest of toll revenue bonds or maintenance
must be applied to the reduction of debt principal of the imposing
political subdivision.
(6) In addition to the powers listed above, the authority may in
connection with such toll facilities:
(a) fix and revise from time to time and charge and collect tolls
for transit over each turnpike facility constructed by it;
(b) combine for the purpose of financing the facilities any two or
more turnpike facilities;
(c) control access to turnpike facilities;
(d) to the extent permitted by a bond resolution, expend turnpike
facility revenues in advertising the facilities and services of the turnpike
facility or facilities to the traveling public;
(e) receive and accept from any federal agency grants for or in the
aid of the construction of any turnpike facility;
(f) do all acts and things necessary or convenient to carry out the
powers expressly granted in this chapter;
(g) enter into contracts with the Department of Transportation for
sharing the cost of building and the revenues derived from the facilities
authorized in this chapter and for the operation and maintenance of the
facilities for transportation infrastructure debts only.
(C) It is intended that this chapter is an additional and alternative
method of financing highway and bridge projects to those already
provided under the provisions of the State Highway Bond Act (Section
57-11-210), the State Turnpike Bond Act (Section 57-5-1310 et seq.), the
Revenue Bond Act for Utilities (Section 6-21-10 et seq.), and Section
4-9-30(5).
(D) The Department of Transportation must not diminish or decrease
funds available to a municipality, county, or multi-county area because a
project has been funded in the municipality, county, or multi-county area
pursuant to a referendum provided in this chapter.
Section 4-37-40. (A) In a county in which an ordinance is received
by the county election commission pursuant to Section 4-37-30(A), if the
county has previously imposed a local option sales and use tax pursuant
to Chapter 10 of Title 4, the county election commission shall conduct a
referendum at the same time as the referendum provided in Section
4-37-30(A) on the question of whether the local option sales and use tax
imposed under Chapter 10 of Title 4 shall continue to be imposed. The
question must read substantially as follows:
`Must a one percent sales and use tax continue to be levied in
County for the purpose of allowing a credit against a taxpayer's county
and municipal ad valorem tax liability and for the purpose of funding
county and municipal operations in the County area?
Yes []
No []'
(B) All qualified electors desiring to vote in favor of continuing the
tax shall vote `yes' and all qualified electors opposed to continuing the
tax shall vote `no'. If a majority of the votes cast are in favor of
continuing the tax, then the tax shall continue to be imposed as provided
in Chapter 10 of Title 4; otherwise, the tax shall not continue to be
imposed. If the vote in the referendum is to terminate the tax, the
termination is effective on the first day of the first fiscal year following
the referendum. Notwithstanding the termination date of the local option
sales and use tax, with respect to services that are regularly billed on a
monthly basis, the local option sales and use tax is terminated beginning
on the first day of the billing period beginning on or after the termination
date.
(C) The provisions of this section are independent of the referendum
provided for in Chapter 10 of Title 4.
(D) Two weeks before the referendum, the county council and the
municipal councils in the county area shall publish in a newspaper of
general circulation within the jurisdiction the credit against property taxes
in the most recent fiscal year. The notice must show the credit on the
following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an
automobile;
(3) a commercial facility;
(4) an industrial facility.
(E) Except as otherwise provided herein, the provisions applicable to
conducting and certifying the referendum provided in Section 4-37-30(A)
shall also apply to the referendum provided in this section."
Department may not designate certain facility
SECTION 3. Section 57-5-1330(1) of the 1976 Code is amended to
read:
"(1) The department may designate, establish, plan, improve,
construct, maintain, operate, and regulate turnpike facilities as a part of
the state highway system or any federal aid system whenever the
department determines the traffic conditions, present or future, justify the
facilities, except that the department may not designate as a turnpike
facility any highway, road, bridge, or other transportation facility funded
in whole or in part by a local option sales and use tax as provided in
Chapter 37 of Title 4. The department may utilize funds available for
the maintenance of the state highway system for the maintenance of any
turnpike facility financed pursuant to this article."
Toll projects in excess of one hundred fifty million dollars
SECTION 4. Section 57-3-615 of the 1976 Code is amended to read:
"Section 57-3-615. If a toll is administered on a project by the
Department of Transportation, the toll must be used to pay for the
construction, maintenance costs, and other expenses for only that project.
A toll project that is in excess of one hundred fifty million dollars may
only be initiated as provided in Chapter 37 of Title 4."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 5/18/95. |