Reference is to Printer's Date 4/14/15-H.
Amend the bill, as and if amended, by striking Section 57-1-100, as contained in SECTION 12, and inserting:
/ "Section 57-1-100. (A)
This section is intended to set forth the process by which
the Department of Transportation transfers certain state roads,
or portions thereof, to the political subdivisions of this
State.
(B) The department
shall determine which state roads to transfer to political
subdivision control by selecting roads that are most
appropriately considered local or rural routes. The department
may not select more than a total of nineteen thousand centerline
miles of road to transfer. By July 1, 2015, the department
shall notify the governing body of each county of the roads
selected for transfer within the county. Also, the department
shall notify each municipality of the roads selected for
transfer within its municipal limits. The department shall
transfer the roads selected pursuant to the process set forth in
subsection (C).
(C) Subject to
subsections (E) and (F), on January 1, 2016, of the roads
selected pursuant to subsection (B), the department shall
transfer at least one-third of the selected centerlines miles
within each county to the political subdivisions of that
respective county. However, if the governing body of the county
notifies the department by November 1, 2015, the governing body
of the county may designate the specific local routes to be
transferred. Also, the governing body of a municipality may
designate the specific local routes within its municipal limit
to be transferred by notifying the department by November 1,
2015. If the governing body of the county or a municipality
does not notify the department or does not designate at least
one-third of the centerline miles, then the department shall
determine which local routes to transfer. However, the
department may not transfer to a political subdivision more than
one-third of the selected centerline miles within the political
subdivision, unless the respective governing body of the
political subdivision agrees to the transfer of the excess.
(D) On January 1, 2018,
and on January 1, 2020, the department shall transfer the
remaining local routes in the same manner as set forth in
subsection (C), mutatis mutandis.
(E)(1) The governing
body of the county may elect not to accept the transfer of any
state roads on January 1, 2016, by notifying the department of
its refusal by November 1, 2015. The provisions of this section
do not apply to any county that refuses to participate pursuant
to this subsection.
(2)
A county's refusal pursuant to item (1) is considered
permanent; however, if the governing body of the county wishes
to participate in the subsequent transfers set forth in
subsection (D), then the governing body of the county shall
notify the department by the September first immediately
preceding the transfer. Upon notifying the department, the
governing body of the county may designate the specific local
routes to be transferred in the same manner as set forth in
subsection (C).
(F)(1) The governing
body of a municipality may elect not to accept the transfer of
any state roads by notifying the department of its refusal by
November 1, 2015. The provisions of this section do not apply
to any municipality that refuses to participate pursuant to this
subsection. If a municipality elects not to participate, but
the county in which the municipality is located does
participate, then the county shall accept the roads inside
municipal limits. If a municipality elects to participate, and
the county in which the municipality is located also
participates, then the municipality shall take control of the
selected roads within its municipal limits.
(2)
A municipality's refusal pursuant to item (1) is
considered permanent; however, if the governing body of a
municipality wishes to participate in the subsequent transfers
set forth in subsection (D), then the municipality shall notify
the department by the September first immediately preceding the
transfer. Upon notifying the department, the governing body of
the municipality may designate the specific local routes to be
transferred in the same manner as set forth in subsection
(C).
(G)(1) Notwithstanding
Section 12-28-2740, beginning July 1, 2016, for counties
participating in the road transfer pursuant to this section, the
proceeds from an additional one and thirty-four hundredths cents
a gallon of the user fee on gasoline only as levied and provided
for in this chapter must be deposited with the State Treasurer
in a separate 'C' funds account and expended for purposes set in
Section 12-28-2740. Beginning July 1, 2018, the proceeds
credited to the State Treasurer for the purposes of this
subsection must be increased to two and thirty-four hundredths
cents a gallon. Also, the amount must be increased again
beginning July 1, 2020, to three and thirty-four hundredths
cents a gallon.
(2)(a)
First, the monies in the separate fund must be distributed
to each participating county based on the time the county began
participating. For counties that participated in the 2016
transfer, each county shall receive one million dollars of
distributions. For counties that began participating in the
2018 transfer, each county shall receive five hundred thousand
dollars of distributions. For counties that began participating
in the 2020 transfer, each county shall receive two hundred
fifty thousand dollars of distributions. The monies distributed
pursuant to this subitem must be distributed pro rata based on
the amount of distributions the county receives pursuant to this
subitem.
(b)
The remaining monies in the separate account must be
apportioned among all the counties of the State in the same
manner as provided in Section 12-28-2740(A), except that any
money apportioned to a county that is not participating instead
must be credited to the State Highway Fund.
(H) Notwithstanding
Section 12-28-2740, for counties participating in the 2016 road
transfer pursuant to this section, to account for the additional
monies pursuant to subsection (G), beginning July 1, 2016, for
any new 'C' fund allocations received on or after this date, the
balance of uncommitted funds carried forward from one year into
the next may not exceed three hundred percent of the county's
total apportionment for the most recent year. Also, to account
for the graduated increased monies pursuant to subsection (G)
that begin on July 1, 2018, and July 1, 2020, the July 1, 2016,
date in this subsection is deemed to be July 1, 2018 beginning
on July 1, 2018, and July 1, 2020, beginning on July 1,
2020.
(I) The department may
promulgate regulations necessary to implement the provisions of
this section, including emergency regulations for the transfer
occurring on January 1, 2016.
(J) As used in this
section:
(1)
'Centerline miles' means the length of the road, as
measured by miles, so that the total length of the road is the
same regardless of the numbers of lanes.
(2)
'Political subdivision' means counties and
municipalities.
(3)
'Road' has the same meaning as provided in Section
57-3-120." /
Renumber sections to conform.
Amend title to conform.