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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt No. 1A (Doc. Path council\agm\19288mm08)
Amt No. 2A (Doc. Path council\dt\27347bb08)
June 5, 2008
H. 4344
S. Printed 6/4/08--S.
Read the first time June 3, 2008.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 37 of the 1976 Code is amended by adding:
Section 37-29-100. There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
Section 37-29-110. PalmettoPride is governed by a board of directors composed of eleven members to be appointed as follows: five members of the public must be appointed by the Governor; three members must be appointed by the President Pro Tempore of the Senate, to include one member of the Senate and two members of the public; three members must be appointed by the Speaker of the House of Representatives, to include one member of the House of Representatives and two members of the public. The members of the board shall elect the chairman of the board from among the public members. The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
Section 37-29-120. The chairman of the board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an Executive Coordinator. The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget recommended by the Executive Coordinator.
Section 37-29-130. PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recreation and Tourism. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes."
SECTION 2. A. 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, or, in the case of a Qualified Toll Project, operating 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 a Qualified Toll Project, acquisition, cost of 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, financing, toll charges shall cease, or in the case of a Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of all of the parties to an agreement authorized under Section 57-3-200, toll charges on such qualified toll projects shall cease.
(C) For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project involving an agreement between the department and another entity or entities on which tolls were being collected before January 1, 2008. The department has the authority to assign, amend, and extend the terms of a Qualified Toll Project agreement. However, an amendment or extension does not create a pecuniary obligation on the part of the department, the State of South Carolina, its agencies or subdivisions, or its taxpayers to pay any debt associated with the Qualified Toll Project."
B. 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 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 a 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.
(B) 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. However, in the case of a Qualified Toll Project, the department, after setting the initial toll rate or rates, may delegate to the political subdivision, transportation authority, or private entity the power to revise the toll for inflation in an amount not to exceed the increase in the Consumer Price Index.
(C) The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by toll or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or other political subdivisions do not possess under other provisions of this code."
SECTION 3. This act takes effect upon approval by the Governor.
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