South Carolina General Assembly
105th Session, 1983-1984

Bill 511


                    Current Status

Bill Number:               511
Ratification Number:       151
Act Number                 84
Introducing Body:          Senate
Subject:                   "C" construction funds, so as to provide
                           the formula for determining the
           apportionment of funds
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A84, R151, S511)

AN ACT TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO PROVIDE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO THE COUNTIES, TO ALLOW THE USE OF TWENTY-FIVE PERCENT OF THE FUNDS FOR THE ROCKING OR IMPROVING OF COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS, TO PROVIDE THAT A MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS SHALL APPROVE THE ROADS UPON WHICH "C" FUNDS ARE TO BE EXPENDED IN THEIR COUNTY AND THAT THEY MAY CONTRACT FOR THE IMPROVEMENTS, TO PROVIDE THAT IMPROVED ROADS MUST BE MAINTAINED BY THE GOVERNING BODY OF THE COUNTY, AND TO PROVIDE THAT ROADS CONSTRUCTED OF ROCK USING "C" CONSTRUCTION FUNDS MUST CONSIST OF NOT LESS THAN ONE INCH OR MORE THAN TWO AND ONE-HALF INCHES OF ROCK.

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

"C" construction funds - distribution of

SECTION 1. Section 12-27-400 of the 1976 Code, as last amended by Act 177 of 1981, is further amended to read:

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

Twenty-five 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. 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 twenty-five 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 or more than two and one-half inches of rock or its equivalent. The provisions of this paragraph apply only to those counties with ten percent or more of their state maintained and local roads unpaved. The percent of unpaved roads in a county is determined from the official records of the Department of Highways and Public Transportation on December 31, 1982.

The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the twenty-five 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 shall take effect upon approval by the Governor.