South Carolina General Assembly
107th Session, 1987-1988

Bill 397

                    Current Status

Bill Number:               397
Ratification Number:       166
Act Number                 119
Introducing Body:          Senate
Subject:                   Distribution and use of certain gasoline
                           tax revenue
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A119, R166, S397)

AN ACT TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE, SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR CERTAIN PURPOSES, TO ADD OTHER AUTHORIZED PURPOSES, AND TO DELETE LANGUAGE WHICH LIMITS THE ABOVE PROVISIONS TO PARTICULAR COUNTIES.

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

Use of "C" construction funds

SECTION 1. Section 12-27-400 of the 1976 Code is amended to read:

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

Fifty percent of a county's apportionment of 'C' construction funds may be expended for rocking or improving county roads and for street and traffic signs, and other paving projects. A majority of the legislative delegation members of the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the fifty percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the fifty percent 'C' construction funds must 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 must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.