Reference is to Printer's Date 4/14/15-H.
Amend the bill, as and if amended, by striking Part 4 and inserting:
SECTION 12. Before the first item of subsection (A) of Section 12-28-2740 of the 1976 Code is amended to read:
"(A) The proceeds
from two and sixty-six one-hundredths
three 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 and expended for purposes set forth in this
section. The monies must be apportioned among the counties of
the State in the following manner:"
SECTION 13. A. Section 12-28-2740(B), (C), (D), and (O) of the 1976 Code is amended to read:
"(B) The funds
expended must be approved by and used in furtherance of a
countywide transportation plan adopted by a county
transportation committee. The county transportation committee
must be appointed by the county legislative delegation and must
be made up of fair representation from
municipalities within the county and unincorporated areas
of the county. The municipal representation must include at
least a mayor, a municipal council member, and a municipal
employee, all representing different municipalities. Any mayor
or municipal council member shall serve ex officio. County
transportation committees may join in approving a regional
transportation plan, and the funds must be used in furtherance
of the regional transportation plan. This subsection does not
prohibit the county legislative delegation from making project
recommendations to the county transportation committee. A county
transportation committee may expend from the funds allocated
under this section an amount not to exceed two thousand dollars
for reasonable administrative expenses directly related to the
activities of the committee. Administrative expenses may include
costs associated with copying, mailings, public notices,
correspondence, and recordkeeping but do not include the payment
of per diem or salaries for members of the committee.
(C) At
least 'C' funds only may be used within the public
right of way for paving, resurfacing, bridge construction or
replacement, street and traffic signs, traffic signals, street
lighting, and other road and bridge infrastructure projects.
'C' funds also may be used for labor, mowing, ditching, and
other general maintenance. No portion twenty-five
percent of a county's apportionment of 'C'
funds, based on a biennial averaging of expenditures,
must may be expended on the state highway system
for construction, improvements, and maintenance. The
Department of Transportation shall administer all funds expended
on the state highway system unless the department has given
explicit authority to a county or municipal government or other
agent acting on behalf of the county transportation committee to
design, engineer, construct, and inspect projects using their
own personnel. The county transportation committee, at its
discretion, may expend up to seventy-five percent of 'C'
construction funds for activities including other local paving
or improving county roads, for street and traffic signs, and for
other road and bridge projects.
(D) The funds allocated
to the county also may be used to issue county bonds or state
highway bonds as provided in subsection (J), pay directly for
appropriate highway projects, including engineering,
contracting, and project supervision, and match federal funds
available for appropriate projects. Beginning July 1,
2002 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. Expenditures must be
documented on a per-project basis upon the completion of each
project in reports to the respective county transportation
committees. This documentation must be provided by the agency or
local government actually expending the funds and it shall
include a description of the completed project and a general
accounting of all expenditures made in connection with the
project summaries of these reports then must be forwarded by
each county transportation committee to the department using
guidelines established by the department and the department
shall compile these reports into an annual statewide report to
be submitted to the General Assembly by the second Tuesday of
January of each year. The documentation and reporting
requirements of this subsection apply only to counties
administering their own "C" funds. For purposes of
this section, "uncommitted funds" means funds held in
the county's "C" fund account that have not been
designated for specific projects.
(O) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the county. Upon the abolition, the governing body of the county must appoint a 'C' funds advisory committee that must include representation from municipalities within the county and unincorporated areas of the county. The municipal representation must include at least a mayor, a municipal council member, and a municipal employee, all representing different municipalities. The advisory committee shall make recommendations to the governing body of the county regarding the expenditure of the county's 'C' funds. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed to constitute dual office holding."
B. Effective July 1, 2015, all existing
county transportation committees are abolished and the authority
of each county transportation committee is devolved upon the
legislative delegation of each county. Upon the authority being
devolved, the legislative delegation of each county shall
appoint a new county transportation committee pursuant to
Section 12-28-2740(B), devolve the duties of the county
transportation committee upon the local governing body of the
county pursuant to Section 12-28-2740(O), or request the
Department of Transportation to administer the county's 'C'
funds. Nothing in this subsection prohibits a county
legislative delegation from appointing a member to the county
transportation committee that previously served on the
committee. /
Renumber sections to conform.
Amend title to conform.