South Carolina General Assembly
117th Session, 2007-2008

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H. 4549

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrell, W.D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Merrill, Bingham, Littlejohn, G.R. Smith, Bedingfield, Taylor, Shoopman, Haley, Hardwick, J.R. Smith, Lowe, Viers, Hutson, Erickson, Ballentine, Frye, Pinson, D.C. Smith, Huggins, Toole, Bowen, Brady, Mahaffey, Bannister, Clemmons, Delleney, Duncan, Gambrell, Herbkersman, Mulvaney, E.H. Pitts, Sandifer, Spires, Thompson, Umphlett, Whitmire, Limehouse, Owens, Gullick, Knight, Loftis, Hodges, Skelton and Hagood
Document Path: l:\council\bills\bbm\10279htc08.doc

Introduced in the House on January 24, 2008
Introduced in the Senate on April 15, 2008
Last Amended on April 9, 2008
Currently residing in the Senate Committee on Finance

Summary: Sales, use and excise tax revenues

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/24/2008  House   Introduced and read first time HJ-2
   1/24/2008  House   Referred to Committee on Ways and Means HJ-2
   1/28/2008          Scrivener's error corrected
   1/29/2008          Scrivener's error corrected
    3/6/2008  House   Member(s) request name added as sponsor: Limehouse
   3/11/2008  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-77
   3/13/2008  House   Debate adjourned until Tuesday, March 25, 2008 HJ-27
   3/25/2008  House   Member(s) request name added as sponsor: Owens, Gullick, 
                        Knight
   3/25/2008  House   Debate adjourned until Wednesday, March 26, 2008 HJ-41
   3/26/2008  House   Member(s) request name added as sponsor: Loftis
   3/26/2008  House   Debate adjourned until Thursday, March 27, 2008 HJ-28
   3/27/2008  House   Debate adjourned until Tuesday,  April 1, 2008 HJ-20
    4/1/2008  House   Debate adjourned until Wednesday, April 2, 2008 HJ-27
    4/2/2008  House   Debate adjourned until Tuesday, April 8, 2008 HJ-32
    4/8/2008  House   Member(s) request name added as sponsor: Hodges
    4/8/2008  House   Debate adjourned until Wednesday, April 9, 2008 HJ-15
    4/9/2008  House   Member(s) request name added as sponsor: Skelton, Hagood
    4/9/2008  House   Requests for debate-Rep(s). GR Smith, Whipper, Kennedy, 
                        R Brown, Hosey, Hamilton, Toole, Shoopman, Littlejohn, 
                        Cooper, Bannister, Bedingfield, JR Smith, FN Smith, 
                        Brantley, Mack, Anthony, Phillips, Clemmons, Rice, 
                        Clyburn, JH Neal, Breeland, Ott, Funderburk, and Hart 
                        HJ-24
    4/9/2008  House   Amended HJ-83
    4/9/2008  House   Read second time HJ-95
    4/9/2008  House   Roll call Yeas-90  Nays-10 HJ-95
   4/10/2008  House   Read third time and sent to Senate HJ-46
   4/10/2008          Scrivener's error corrected
   4/15/2008  Senate  Introduced and read first time SJ-7
   4/15/2008  Senate  Referred to Committee on Finance

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/24/2008
1/28/2008
1/29/2008
3/11/2008
4/9/2008
4/10/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 9, 2008

H. 4549

Introduced by Reps. Harrell, W.D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Merrill, Bingham, Littlejohn, G.R. Smith, Bedingfield, Taylor, Shoopman, Haley, Hardwick, J.R. Smith, Lowe, Viers, Hutson, Erickson, Ballentine, Frye, Pinson, D.C. Smith, Huggins, Toole, Bowen, Brady, Mahaffey, Bannister, Clemmons, Delleney, Duncan, Gambrell, Herbkersman, Mulvaney, E.H. Pitts, Sandifer, Spires, Thompson, Umphlett, Whitmire, Limehouse, Owens, Gullick, Knight, Loftis, Hodges, Skelton and Hagood

S. Printed 4/9/08--H.    [SEC 4/10/08 4:13 PM]

Read the first time January 24, 2008.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PHASE IN THIS DISTRIBUTION, TO PROVIDE FOR THE USE OF THESE REVENUES, AND TO "HOLD HARMLESS" THE EDUCATION IMPROVEMENT ACT (EIA) FUND FOR REVENUES NOT CREDITED TO IT PURSUANT TO THE PROVISIONS OF SECTION 12-36-2647 AS ADDED BY THIS ACT.

Amend Title To Conform

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

SECTION    1.    The General Assembly finds that:

(1)    before a motor vehicle may be licensed and registered by the South Carolina Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;

(2)    without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and

(3)    the revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the "sources of revenue" that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.

SECTION    2.    Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2647.    (A)    Notwithstanding the provisions of Section 59-21-1010, an amount as provided in subsection (B) of this section of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the South Carolina Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this section must be used exclusively for highway, road, and bridge maintenance.

(B)    In fiscal year 2008-2009, an amount equal to ten million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this subsection in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this subsection in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this subsection must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C). The balance of the revenue credited in a fiscal year pursuant to this subsection must be credited to the State Non-Federal Aid Highway Fund.

(C)    There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this section.

(D)    In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal     Aid Highway Fund pursuant to subsection (B) in each fiscal year must be similarly transferred."

SECTION    3.    Section 12-28-2920 of the 1976 Code is amended to read:

"Section 12-28-2920.    (A)    The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1)    credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding:

(a)    the cost of construction, financing, operation, and maintenance of the toll project; or

(b)    in the case of any Qualified Toll Project, the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or

(2)    used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.

(B)    Upon repayment of the cost of construction and financing, toll charges shall cease, and in addition, in the case of any Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of the department under any agreement authorized under Section 57-3-200, toll charges shall cease.

(C)    For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project on which tolls were being collected prior to January 1, 2008."

SECTION    4.    Section 57-3-200 of the 1976 Code is amended to read:

"Section 57-3-200.    (A)    From the funds appropriated to the Department of Transportation and from any other sources which may be available to the Department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and or private entities to finance, by tolls and other financing methods,:

(1)    the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in this State.;

(2)    in the case of any Qualified Toll Project (as defined in Section 12-28-2920), the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State, or

(3)    the department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing.

(B)    The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of this Code."

SECTION    5.    The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly.

SECTION    6.    This act takes effect July 1, 2008.

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