H*2758(Rat #0255, Act #0177 of 1981)  General Bill, By J.W. Graves, T.G. Mangum and 
T.M. Marchant
 A Bill to amend Sections 12-27-230, 12-27-240, 12-27-380, 12-27-400,
 12-27-510, 12-27-520, 12-29-150, 12-29-310, 12-31-410 and 12-31-450, all as
 amended, Code of Laws of South Carolina, 1976, all relating to gasoline and
 other motor fuel taxes, so as to increase the tax two cents per gallon, make
 other tax adjustments and further provide for the distribution of the tax
 revenue; to amend Act 197 of 1979, relating to motor fuel taxes including
 gasohol, so as to provide that the proceeds of the gasohol tax shall be turned
 over to the Department of Highways and Public Transportation; to amend Section
 56-3-660, as amended, relating to registration and license fees for property
 carrying vehicles, so as to increase such fees; to amend Chapter 27 of Title
 12 by adding Section 12-27-265 so as to exempt motor fuel used by commercial
 shrimp boats from the gasoline tax; to provide that trucking companies shall
 not pay more than fifty percent of the difference between payload scale and
 gross weight scale for 1982; to amend Chapter 3 of Title 56, relating to motor
 vehicles by adding Section 56-3-215 so as to authorize the issuance of
 forty-five day permits for operation of out of state registered trucks used
 for harvesting and transporting seasonal crops; to amend Section 12, Part II
 of Act 517 of 1980, relating to legislative spending limits, so as to redefine
 the term "state expenditures"; to provide for a Legislative Audit Council
 audit of certain phases of the functions of the Department of Highways and
 Public Transportation, provide for a pilot maintenance program by the
 Department; to amend Chapter 5 of Title 57, relating to highways and bridges
 by adding Section 57-5-1335 so as to require feasibility studies prior to
 bridge construction; to create a legislative committee to review
 intrabudgetary transfers by the Department of Highways and Public
 Transportation and require service site location reports by the Department;
 and to authorize expenditures for public transportation studies.-at

   04/14/81  House  Introduced and read first time HJ-1814
   04/14/81  House  Referred to Committee on Ways and Means HJ-1815
   04/23/81  House  Committee report: Favorable with amendment Ways
                     and Means HJ-2010
   04/29/81  House   Objection HJ-2105
   07/01/81  House  Special order, set for Follow. 2nd read. of
                     H-2353 (Under H-3085) HJ-3517
   07/07/81  House  Debate interrupted HJ-3673
   07/08/81  House  Amended HJ-3699
   07/08/81  House  Debate interrupted HJ-3705
   07/09/81  House  Amended HJ-3718
   07/09/81  House  Read second time HJ-3782
   07/10/81  House  Read third time and sent to Senate HJ-3796
   07/15/81  Senate Introduced and read first time SJ-37
   07/15/81  Senate Referred to Committee on Finance SJ-37
   08/11/81  Senate Committee report: Favorable with amendment
                     Finance SJ-22
   08/11/81  Senate Amended SJ-29
   08/11/81  Senate Read second time SJ-31
   08/11/81  Senate Ordered to third reading with notice of
                     amendments SJ-31
   08/12/81  Senate Amended SJ-10
   08/12/81  Senate  Read third time SJ-17
   08/12/81  Senate Returned SJ-17
   08/12/81  House  Concurred in Senate amendment and enrolled HJ-4542
   08/25/81  House  Ratified R 255 HJ-4660
   08/27/81         Signed By Governor
   08/27/81         Effective date 09/01/81 (Except Sec. 11-8/27/81)
   08/27/81         Act No. 177
   09/11/81         Copies available

AN ACT TO AMEND SECTIONS 12-27-230, 12-27-240, 12-27-380, 1227-400, 12-27-510, 12-27-520, 12-29-150, 12-29-310, 12-31-410 AND 12-31-450, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO GASOLINE AND OTHER MOTOR FUEL TAXES, SO AS TO INCREASE THE TAX TWO CENTS PER GALLON, MAKE OTHER TAX ADJUSTMENTS AND FURTHER PROVIDE FOR THE DISTRIBUTION OF THE TAX REVENUE; TO AMEND ACT 197 OF 1979, RELATING TO MOTOR FUEL TAXES INCLUDING GASOHOL, SO AS TO PROVIDE THAT THE PROCEEDS OF THE GASOHOL TAX SHALL BE TURNED OVER TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO REGISTRATION AND LICENSE FEES FOR PROPERTY CARRYING VEHICLES, SO AS TO INCREASE SUCH FEES; TO AMEND CHAPTER 27 OF TITLE 12 BY ADDING SECTION 12-27-265 SO AS TO EXEMPT MOTOR FUEL USED BY COMMERCIAL SHRIMP BOATS FROM THE GASOLINE TAX; TO PROVIDE THAT TRUCKING COMPANIES SHALL NOT PAY MORE THAN FIFTY PERCENT OF THE DIFFERENCE BETWEEN PAYLOAD SCALE AND GROSS WEIGHT SCALE FOR 1982; TO AMEND CHAPTER 3 OF TITLE 66, RELATING TO MOTOR VEHICLES BY ADDING SECTION 66-3-215 SO AS TO AUTHORIZE THE ISSUANCE OF FORTY-FIVE DAY PERMITS FOR OPERATION OF OUT-OF-STATE REGISTERED TRUCKS USED FOR HARVESTING AND TRANSPORTING SEASONAL CROPS; TO AMEND SECTION 12, PART II OF ACT 517 OF 1980, RELATING TO LEGISLATIVE SPENDING LIMITS, SO AS TO REDEFINE THE TERM "STATE EXPENDITURES"; TO PROVIDE FOR A LEGISLATIVE AUDIT COUNCIL AUDIT OF CERTAIN PHASES OF THE FUNCTIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR A PILOT MAINTENANCE PROGRAM BY THE DEPARTMENT; TO AMEND CHAPTER 5 OF TITLE 57, RELATING TO HIGHWAYS AND BRIDGES BY ADDING SECTION 57-5-1335 SO AS TO REQUIRE FEASIBILITY STUDIES PRIOR TO BRIDGE CONSTRUCTION; TO CREATE A LEGISLATIVE COMMITTEE TO REVIEW INTRABUDGETARY TRANSFERS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REQUIRE SERVICE SITE LOCATION REPORTS BY THE DEPARTMENT; AND TO AUTHORIZE EXPENDITURES FOR PUBLIC TRANSPORTATION STUDIES.

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

License tax

SECTION 1. Section 12-27-230 of the 1976 Code, as last amended by Section l of Act 506 of 1980, is further amended by striking on line nine "8.84" and inserting "10.34". The section when amended shall read:

"Section 12-27-230. Every oil company doing domestic or intrastate business within this State and engaging in the business of selling, consigning, using, shipping or distributing for the purpose of sale within this State any gasoline or any substitute therefor, or combination thereof, for the privilege of carrying on such business shall be subject to the payment of a license tax, which shall be measured by and graduated in accordance with the volume of sales of such oil company within the State. Every such oil company shall pay to the State an amount of money equal to 10.34 cents per gallon on all gasoline, combinations thereof or substitutes therefor sold or consigned, used, shipped or distributed for the purpose of sale within the State. The license tax imposed by this section shall be in lieu of all sales, use or other excise tax which may otherwise be imposed by any municipality, county or other local political subdivision of the State."

Additional tax

SECTION 2. Section 12-27-240 of the 1976 Code, as last amended by Section 2 of Act 506 of 1980, is further amended by striking on line three "2 16" and inserting "2.66". The section when amended shall read:

"Section 12-27-240. In addition to the tax imposed by Section 12-27-230, every such oil company shall pay to the State an additional amount of money equal to 2.66 cents per gallon on all gasoline, combinations thereof or substitutes therefor, sold or consigned, used, shipped or distributed for the purpose of sale within this State. All the provisions of this chapter shall apply with equal force and effect to the additional tax on gasoline levied by this section."

Distribution of tax

SECTION 3. Section 12-27-380 of the 1976 Code, as last amended by Section 4 of Act 506 of 1980, is further amended by striking on line one "8.84" and inserting "10.34" and by striking on line three "7.84" and inserting "9.34". The section when amended shall read:

"Section 12-27-380. The license tax of 10.34 cents per gallon on gasoline as levied and provided for in this article shall be distributed as follows: 9.34 cents on each gallon shall be turned over to the Department of Highways and Public Transportation for the purpose of the Department and one cent per gallon shall be distributed to the counties of the State to be used exclusively for the construction and maintenance of county roads. The distribution of the one cent per gallon license tax among the counties shall be in the proportion that the total of the sums received from motor vehicle license fees collected from motor vehicles registered in the several counties bears to the total of the sums received from all motor vehicle license fees collected in the State, except that fifteen percent of the amount for distribution in excess of 2.17 percent of the total amount for distribution shall be withheld from those counties receiving in excess of 2.17 percent of the total for distribution and the amount thus withheld shall be distributed equally among counties receiving less than 2.17 percent. But in no case shall the distribution of such fifteen percent increase the distributive share of any county to an amount in excess of 2.17 percent of the total for distribution and no county shall receive less than fourteen thousand dollars per year. In making adjustments necessary to bring the distributive share of each county to the fourteen thousand dollar minimum herein established, the total of the amount between a twelve thousand dollar minimum and the fourteen thousand dollar minimum shall be taken equally from the distributive shares otherwise due to the four counties receiving the largest amounts hereunder. Provided, however, that the funds collected under the provisions of this section shall be used in an equitable manner to construct and maintain the roads in the incorporated and unincorporated areas of the county."

Distribution of tax among counties

SECTION 4. Section 12-27-400 of the 1976 Code, as last amended by Section 5 of Act 506 of 1980, is further amended by striking on line seventeen "2.16" and inserting "2.66". The section when amended shall read:

"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 shall 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, shall he 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.

The construction, improvement and maintenance of the farm-tomarket or state secondary highway program shall 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 shall have the approval of a majority of the legislative delegation members of the county in which the expenditures are to bc made. Provided, however, that approval of the expenditure of 'C' funds shall be in an equitable manner in the incorporated and unincorporated areas of the county."

Additional tax

SECTION 5. Section 12-27-510 of the 1976 Code, as last amended by Section G of Act 506 of 1980, is further amended by striking on line nine "8.84" and inserting "10.34". The section when amended shall read:

"Section 12-27-510. Every person, firm, corporation, municipality or county, or any subdivision thereof, in the State which shall import into this State from any other state or foreign country or shall receive by any means into this State and keep in storage in this State for a period of twenty-four hours or more after it shall have lost its interstate character as a shipment in interstate commerce any gasoline or any other like product of petroleum, under whatever name designated, which is intended to be stored or used for consumption in this State, shall pay a license tax of 10.34 cents per gallon for every gallon of gasoline or other like product of petroleum aforementioned which shall have been shipped or imported into this State from any other state or foreign country and which shall hereafter for a period of twenty-four hours after it loses its interstate character as a shipment of interstate commerce be kept in storage in this State to be used and consumed in this State by any person, firm, corporation, municipality, county or subdivision thereof and which has not already been subjected to the payment of the license taxes imposed upon the sale thereof by this chapter. One percent to cover loss by evaporation, spillage or otherwise shall be deducted by the taxpayer when remitting the tax required by this section."

Further

SECTION 6. Section 12-27-520 of the 1976 Code, as last amended by Section 7 of Act 506 of 1980, is further amended by striking beginning on line three "two and one-sixteenths" and inserting "two

and sixty-six". The section when amended shall read:

"Section 12-27-520. In addition to the tax imposed by Section 12-27-510, every such person, firm, corporation, municipality or county, or any subdivision thereof, shall pay an additional tax of two and sixty-six hundredths cents per gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. All of the provisions of this chapter shall apply with equal force and effect to the additional tax on gasoline levied by this section."

Licensing of persons purchasing or selling combustible gases or liquids

SECTION 7. Section 12-29-150 of the 1976 Code, as last amended by Section 8 of Act 506 of 19~0, is further amended by striking on line twenty-three "eleven" and inserting "thirteen". The section when amended shall read:

"Section 12-29-150. Any person who purchases, sells or uses combustible gases or liquids, except gasoline which may be used to propel a motor vehicle, shall be licensed by the Tax Commission and shall file with the Commission, upon such forms as the Commission may prescribe, a report which shall show the amount of such fuel purchased, sold or used; provided, that a person licensed as a supplier or a person buying fuel for use and not for resale upon which the tax has been paid at the time of the purchase shall not be required to be licensed by this section, except that any person who operates or causes to be operated motor carriers and who maintains bulk storage facilities in this State for the purpose of purchasing and storing tax paid motor fuel other than gasoline for use in such motor carriers shall secure a license and file reports as required by this section; provided, further, that any person acquiring any such fuel solely for heating purposes and not for resale or for the sole purpose of operating locomotives, farm tractors, pleasure boats or commercial watercraft, aircraft and such fuel used solely for the purpose of manufacturing or processing materials shall not be required to be licensed under this section; provided, further, that the provisions of this section shall not apply to a seller-user of liquefied petroleum gas. All combustible gases and liquids not specifically reported and shown to be used for nonhighway purposes shall be taxed at the rate of thirteen cents per gallon together with interest and penalties as provided by Section 12-29-620.

The Commission may require any person required to secure a license under the provisions of this section to post a bond either by cash or by a surety company authorized to do business in this State in an amount to be determined by the Tax Commission. This section shall not apply to any person or firm maintaining storage facilities for kerosene of not more than three hundred gallons and whose average monthly sales do not exceed twelve hundred gallons. The reports required by this section shall be filed on or before the twentieth day of each month and shall show all inventories, purchases, sales and use of fuel by the licensee during the preceding calendar month."

Tax on fuel sold by nonlicensed supplier

SECTION 8. Section 12-29-310 of the 1976 Code, as last amended by Section 9 of Act 506 of 1980, is further amended by striking on line one "eleven" and inserting "thirteen". The section when amended shall read:

"Section 12-29-310. A tax at the rate of thirteen cents per gallon is hereby imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of this chapter."

Road tax

SECTION 9. Section 12-31-410 of the 1976 Code, as last amended by Section 10 of Act 506 of 1980, is further amended by striking on line three "eleven" and inserting "thirteen". The section when amended shall read:

"Section 12-31-410. A road tax for the privilege of using the streets and highways in this State is hereby imposed upon every motor carrier. The tax shall be equivalent to thirteen cents per gallon, calculated on the amount of gasoline or other motor fuel used by such motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to any taxes imposed upon such carriers by any other provisions of law."

Credit

SECTION 10. Section 12-31-450 of the 1976 Code, as last amended by Section 11 of Act 506 of 1980, is further amended by striking on line two "eleven" and inserting "thirteen". The section when amended shall read:

"Section 12-31-450. Every motor carrier subject to the tax hereby imposed shall be entitled to a credit on such tax equivalent to thirteen cents per gallon on all gasoline or other motor fuel purchased by such carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Evidence of the payment of such tax in such form as may be required by or is satisfactory to the Commission shall be furnished by each carrier claiming the credit herein allowed. When the amount of the credit herein provided exceeds the amount of the tax for which the carrier is liable for the same quarter, such excess may under regulations of the Commission be allowed as a credit on the tax for which the carrier would be otherwise liable for another quarter or quarters. The Commission is hereby authorized to refund the amount of the credit herein allowed if within its discretion the refund is preferable to the credit, Such refund shall be made only if the carrier has fully complied with all the rules and regulations of the Commission and the provisions of this chapter."

Tax on gasohol

SECTION 11. Section 14 of Act 197 of 1979 is amended by adding at the end:

"The proceeds from the imposition of this tax shall be turned over to the Department of Highways and Public Transportation for the purposes of the Department." The section, when amended shall read:

"Section 14. The following tax shall be imposed on motor fuel which consists of a combination or a mixture of gasoline and agriculturally derived ethyl or methyl alcohol whose purity shall be at least ninety-nine percent and which mixture or combination shall be at least ten percent ethyl or methyl alcohol. There shall be no tax imposed on 'gasohol' until October 1, 1979, after which time the following schedule shall apply:

Beginning Rate

October 1, 1979 Six cents per gallon until July 1, 1985, or until loss of revenue reaches five million dollars and at such time all tax incentives shall be removed;

July 1, 1985 Seven cents per gallon or until loss of revenue reaches five million dollars and at such time all tax incentives shall be removed;

July 1, 1987 Prevailing gasoline tax per gallon.

The tax imposed herein shall be collected as provided in Chapters 27, 29 and 31 of Title 12 of the 1976 Code, as amended. The provisions for the enforcement and penalties for the violation of such provisions shall be in accordance with the requirement of the aforementioned chapters of the 1976 Code. The proceeds from the imposition of this tax shall be turned over to the Department of Highways and Public Transportation for the purposes of the Department."

Determination of gross vehicle weight

SECTION 12. Section 56-3-660 of the 1976 Code, as last amended by Section 5 of Act 738 of 1976, is further amended to read:

"Section 56-3-660. The determination of gross vehicle weight for the purpose of registering and licensing self-propelled property carrying vehicles shall be the empty weight of the vehicle or combination of vehicles and the heaviest load to be transported by the vehicle or combination of vehicles as declared by the registered owner. Any determination of weight shall be made in units of one thousand pounds or major fraction thereof. Weights of over five hundred pounds shall be counted as one thousand pounds and weights of five hundred pounds or less shall be disregarded. The declared gross vehicle weight shall apply to all self-propelled property carrying vehicles operated in tandem with trailers or semitrailers except that the gross weight of a trailer or semitrailer is not required to be included when the operation is to be in tandem with a self-propelled property carrying vehicle which is licensed for 6000 pounds or less gross weight and the gross vehicle weight of such combination does not exceed 9000 pounds. The Department may register and license any vehicle of this classification for which the annual registration and license fee is eighty dollars or more for a semiannual or one-half year beginning on January first and ending on June thirtieth of the same year upon application to the Department by the owner and the payment of the appropriate fees. The registration and license fee for vehicles in this classification which are registered for the remaining eleven months or less of the twelve-month license year ending on December thirty-first or the remaining five months or less for the one-half period ending on June thirtieth shall be the proportionate part of the specified annual fee for the remainder of the year or one-half year based on one-twelfth of the specified twelve-month fee for every month or part of a month remaining in such registration and license year or one-half year. No proportionate fee shall be reduced lower than ten dollars. Every person making application for a registration and license for a motor vehicle of this classification shall declare the true unloaded or empty weight of every such vehicle.

All truck tags shall increase under the conversion from a payload tag to a gross weight tag.

The fees for the Gross Vehicle Weight shall be as follows:

Gross Vehicle Weight Fee

Not over 3500 pounds $10.00

3501 pounds to 5000 pounds 15.00

5001 pounds to 6000 pounds 21.00

6001 pounds to 7000 pounds 28.00

7001 pounds to 8000 pounds 32.00

8001 pounds to 9000 pounds 36.00

9001 pounds to 10,000 pounds 40.00

10,001 pounds to 11,000 pounds 49.50

11,001 pounds to 12,000 pounds 54.00

12,001 pounds to 13,000 pounds 58.50

13,001 pounds to 14,000 pounds 63.00

14,001 pounds to 15,000 pounds 67.50

15,001 pounds to 16,000 pounds 80.00

16,001 pounds to 17,000 pounds 85.00

17,001 pounds to 18,000 pounds 90.00

18,001 pounds to 19,000 pounds 95.00

19,001 pounds to 20,000 pounds 110.00

20,001 pounds to 21,000 pounds 115.50

21,001 pounds to 22,000 pounds 132.00

22,001 pounds to 23,000 pounds 138.00

23,001 pounds to 24,000 pounds 156.00

24,001 pounds to 25,000 pounds 162.50

25,001 pounds to 26,000 pounds 169.50

26,001 pounds to 27,000 pounds 175.50

27,001 pounds to 28,000 pounds 182.00

28,001 pounds to 29,000 pounds 188.50

29,001 pounds to 30,000 pounds 195.00

30,001 pounds to 31,000 pounds 201.50

31,001 pounds to 32,000 pounds 208.00

32,001 pounds to 33,000 pounds 214.50

33,001 pounds to 34,000 pounds 221.00

34,001 pounds to 35,000 pounds 227.50

35,001 pounds to 36,000 pounds 234.00

36,001 pounds to 37,000 pounds 240.50

37,001 pounds to 38,000 pounds 247.00

38,001 pounds to 39,000 pounds 253.50

39,001 pounds to 40,000 pounds 260.00

40,001 pounds to 41,000 pounds 266.50

Gross Vehicle Weight Fee

41,001 pounds to 42,000 pounds 273.00

42,001 pounds to 43,000 pounds 279.50

43,001 pounds to 44,000 pounds 286.00

44,001 pounds to 45,000 pounds 292.50

45,001 pounds to 46,000 pounds 299.00

46,001 pounds to 47,000 pounds 305.50

47,001 pounds to 48,000 pounds 312.00

48,001 pounds to 49,000 pounds 318.50

49,001 pounds to 50,000 pounds 325.00

50,001 pounds to 51,000 pounds 331.50

51,001 pounds to 52,000 pounds 338.00

52,001 pounds to 53,000 pounds 344.50

53,001 pounds to 54,000 pounds 351.00

54,001 pounds to 55,000 pounds 357.50

55,001 pounds to 56,000 pounds 364.00

56,001 pounds to 57,000 pounds 370.50

57,001 pounds to 58,000 pounds 377.00

58,001 pounds to 59,000 pounds 383.50

59,001 pounds to 60,000 pounds 390.00

60,001 pounds to 61,000 pounds 396.50

61,001 pounds to 62,000 pounds 403.00

62,001 pounds to 63,000 pounds 409.50

63,001 pounds to 64,000 pounds 416.00

64,001 pounds to 65,000 pounds 487.50

65,001 pounds to 66,000 pounds 495.00

66,001 pounds to 67,000 pounds 502.50

67,001 pounds to 68,000 pounds 510.00

68,001 pounds to 69,000 pounds 517.50

69,001 pounds to 70,000 pounds 525.00

70,001 pounds to 71,000 pounds 532.50

71,001 pounds to 72,000 pounds 576.00

72,001 pounds to 73,000 pounds 584.00

73,001 pounds to 74,000 pounds 592.00

74,001 pounds to 75,000 pounds 600.00

75,001 pounds to 76,000 pounds 608.00

76,001 pounds to 77,000 pounds 654.50

77,001 pounds to 78,000 pounds 663.00

78,001 pounds to 79,000 pounds 671.50

79,001 pounds to 80,000 pounds 680.00

Notwithstanding any other provision of this chapter, the Department may enter into agreement with other states in a registration and license reciprocal agreement known as the International Registration Plan and the registration and license required in this section may be apportioned for vehicles which (qualify and are licensed in accordance with the provisions of the International Registration Plan. Such funds shall be deposited to the State Highway Fund as established in Section 57-11-20, and expended for the law enforcement activities of the Department and other purposes as provided by law."

Exempt from tax

SECTION 12A. Chapter 27 of Title 12 of the 1976 Code is amended by adding:

"Section 12-27-265. Gasoline sold or dispensed for use in commercial shrimp boats shall not be subject to the gasoline tax."

Maximum payment

SECTION 13. No trucking company shall pay more than fifty percent of the difference between the payload scale and the gross weight scale for 1982.

Special permits for farm trucks

SECTION 14. The 1976 Code is amended by adding:

"Section 56-3-215. The Department shall be authorized to issue special permits to owners of farm trucks registered and licensed in another state which special permits shall authorize the operation of such trucks in this State for a period of forty-five days without the requirement that such trucks be registered and licensed in this State.

Trucks eligible for these special permits shall be those which are brought into this State on a short-term temporary basis for the sole purpose of harvesting and transporting seasonal crops to other locations both within and without South Carolina. The Department insole discretion shall determine what farm trucks qualify for these special permits and may require such proof as it deems necessary of the usage of trucks to which special permits shall apply.

The Department shall prescribe the form of such permit (including the permit application) and shall be displayed or kept in the truck at all times during the exemption period. The Department shall not issue a special permit to any owner unless he first furnishes evidence of motor vehicle liability insurance in at least the minimum amounts required by law in South Carolina. The fee for each permit shall be one-tenth of the annual fee required for trucks of the same weight. Only one permit for a particular truck shall be issued in any one calendar year.

The Department shall promulgate such regulations as may be necessary to implement the provisions of this section."

State expenditures

SECTION 15. The first paragraph of subsection C, Section 12 of Part II of Act 517 of 1980 is amended to read:

"C. As used in this section, effective for fiscal year 1982-83 and thereafter, 'state expenditures' shall mean total state general fund appropriations and the highway fund appropriations less federal funds as contained in the annual state general appropriations act and acts amendatory thereto. As used in this section, the highway fund is revenue derived from Sections 56-1-50, 56-1-140, 56-1-200, 56-1-390, 56-3-620, 56-3-640, 56-3-650, 56-3-660, 56-3-670, 56-3-700, 56-3-710, 56-3-720, 56-3-740, 56-3-750, 56-3-760, 56-3-770, 56-3-780, 56-3-790, 56-3-800, 56-3-830, 56-3-840, 56-3-870, 56-3-1270, 56-3-1320, 56-3-1510, 56-3-1610, 56-3-1710, 56-3-2020, 56-3-2060, 56-3-2120, 56-3-2220, 56-3-2230, 56-3-2310, 56-5-4160, 56-5-420, 56-9-840, 56-19-420, 56-19-425, 56-23-40, 56-23-80, 57-3-910, 57-3-740, 57-5-580, 57-25-150, 12-27-230, 12-27-380, 12-27-510, 12-29-150, 12-29-310, 12-31-410, 12-31-450 and additional sections as added by acts of the General Assembly."

Audit Council to conduct audit

SECTION 16. The Legislative Audit Council shall conduct a comprehensive program audit of the State Department of Highways and Public Transportation in the expenditure of funds generated under Chapters 27, 29 and 31 of Title 12; Chapters 1, 3, 5, 9, 19 and 23 of Title 56; and Chapters 3, 5 and 25 of Title 57 of the 1976 Code. Such audit shall be submitted to the General Assembly as soon as practicable but no later than December 31, 1982, and shall make recommendations relative to a greater utilization of equipment, personnel and material directed toward reducing all costs of the Department.

Department to conduct pilot program

SECTION 17. The Department of Highways and Public Transportation shall conduct a pilot program during the calendar year 1982 in a county in which it expends funds for repairing pot holes, mowing of rights-of-way and other lands maintained by the department and for installation of sideline pipe (driveway) on such lands. In executing the program the department shall advertise for sealed bids from contractors to perform the services above described and shall award a contract to the contractor who enters the lowest qualified bid. On January 1, 1983, the Department of Highways and Public Transportation shall report its findings to the General Assembly.

Department required to conduct feasibility study

SECTION 18. The 1976 Code is amended by adding:

"Section 57-5-1335. The Department of Highways and Public Transportation, before constructing a bridge or replacing an existing bridge which qualifies as a turnpike facility as defined in Section 57-5-1320, shall conduct the feasibility study required by Section 57-5-1330 and shall forward copies of the study to the Chairmen of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study."

Committee created to renew transfer of funds

SECTION 18A. (1) There is hereby created a six-member committee to review the intrabudgetary transfers of funds of the Department of Highways and Public Transportation. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members

shall be coterminous with their terms as Senators and members of the House of Representatives.

(2) Based on its review of intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first report of the committee shall be furnished to the General Assembly no later than April 1, 1982.

The Highways and Public Transportation Commission shall assist and cooperate with the committee in the conduct of its fund transfer reviews.

Department to prepare report

SECTION 19. Within the funds allocated herein the department shall prepare a report for the General Assembly not later than January 2, 1982, outlining the following:

a. Location of each existing service site in the State;

b. Type of function performed at each service site (e.g. license examination, registration and sale of license plates, etc.);

c. Identification of each 1980 county census division which exceeds 50,000 population and which does not have a service site;

d. Estimated cost of establishing a service site in each enumeration district identified in "c" above. At a minimum each such site should provide for issuing and renewing licenses, registering vehicles and selling plates. Costs shall include personnel, facilities and operating estimates.

e. Plans, if any, to establish such offices and where and when.

Department may expend monies for public transportation studies

SECTION 20. Notwithstanding any other provision of law, the Department of Highways and Public Transportation may expend monies in an amount not to exceed two hundred fifty thousand dollars annually until June 30, 1985, for public transportation studies and providing expertise to local government programs and projects from funds collected by Section 12-27-240 of the 1976 Code for the State Secondary Highway Program and in the same manner as expenditures are approved pursuant to Section 12-27-400 of the 1976 Code for such funds. Such programs and projects, however, shall not be concerned with the transportation of people by rail, subway or monorail and shall be limited to programs and projects concerning the transportation of people in vehicles using the highways of this State.

Time effective

SECTION 21. This act shall take effect September 1, 1981, except Section 11 which shall take effect upon approval by the Governor.