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H. 4863
STATUS INFORMATION
General Bill
Sponsors: Reps. McLeod, Funderburk, J.H. Neal, Herbkersman, Clyburn and Cobb-Hunter
Document Path: l:\council\bills\gjk\20587sd08.doc
Introduced in the House on March 13, 2008
Currently residing in the House Committee on Ways and Means
Summary: County Transportation Committee Enhancement Act of 2008
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/13/2008 House Introduced and read first time HJ-18 3/13/2008 House Referred to Committee on Ways and Means HJ-19
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE "COUNTY TRANSPORTATION COMMITTEE ENHANCEMENT ACT OF 2008" INCLUDING PROVISIONS TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION AND USES OF MOTOR FUELS USER FEES CREDITED TO THE COUNTY TRANSPORTATION "C" FUND, SO AS TO REQUIRE A PORTION OF A COUNTY'S "C" FUND REVENUES TO BE USED FOR PUBLIC TRANSIT NEEDS, TO REQUIRE REPRESENTATION OF PUBLIC TRANSIT STAKEHOLDERS ON THE COUNTY TRANSPORTATION COMMITTEE, AND REVISE THE ALLOCATION PERCENTAGE ON THE USES OF A COUNTY'S "C" FUND REVENUES; AND TO AMEND SECTION 12-28-2750, RELATING TO THE USES OF THE REVENUES OF THE USER FEE ON MOTOR FUELS, SO AS TO STEER ADDITIONAL REVENUES OF THIS USER FEE TO THE COUNTY TRANSPORTATION "C" FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "County Transportation Committee Enhancement Act of 2008."
SECTION 2. Subsections (A), (B), and (C) of Section 12-28-2740 of the 1976 Code, as last amended by Act 293 of 2002, are further amended to read:
"(A) The proceeds from two and sixty-six one-hundredths cents a gallon of the user fee on gasoline only as levied and provided for in this chapter, plus additional amounts remitted to the County Transportation Fund pursuant to Section 12-28-2750, 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:
(1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third distributed 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;
(3) one-third distributed in the ratio which the mileage of all rural 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 Transportation. The Department of Revenue shall collect the information required pursuant to Section 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by May first of the following calendar year. Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county.
All interest earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in proportion to each county's portion of the entire County Transportation Fund. Except for those funds being used in connection with highway projects administered by the Department of Transportation on behalf of counties administering their own 'C' funds, these distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own 'C' funds.
(B) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee which must contain a public transit element. The county transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county and individuals representing public transit stakeholders. 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 twenty-five percent of a county's apportionment of 'C' funds, based on a biennial averaging of expenditures, must be expended on the state highway system for construction, improvements, and maintenance. At least twenty-five percent of a county's apportionment of 'C' funds, based on a biennial averaging of expenditure must be expended on public transit. 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 fifty 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."
SECTION 3. Section 12-28-2750 of the 1976 Code is amended to read:
"Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline and fuel user fees levied and provided for in this chapter must be remitted to the State Highway County Transportation Fund."
SECTION 4. This act takes effect July 1, 2008.
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