<p> 1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3111 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Whipper, CobbHunter and RobinsonSimpson 10 Document Path: l:\council\bills\bbm\9526dg17.docx 11 12 Introduced in the House on January 10, 2017 13 Currently residing in the House Committee on Ways and Means 14 15 Summary: Imposition of Additional User Fee 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/15/2016 House Prefiled 22 12/15/2016 House Referred to Committee on Ways and Means 23 1/10/2017 House Introduced and read first time ( House Journalpage 76) 24 1/10/2017 House Referred to Committee on Ways and Means ( House Journalpage 76) 25 1/12/2017 House Member(s) request name added as sponsor: RobinsonSimpson 26 27 View the latest legislative information at the website 28 29 30 VERSIONS OF THIS BILL 31 32 12/15/2016 33 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 4 TO CHAPTER 28, TITLE 12 13 SO AS TO IMPOSE AN ADDITIONAL USER FEE EQUAL TO 14 SEVEN CENTS A GALLON ON CERTAIN MOTOR FUELS, 15 TO PROVIDE THAT THE REVENUE BE CREDITED TO THE 16 STATE HIGHWAY FUND, AND TO TERMINATE THE 17 ADDITIONAL USER FEE IF WHOLESALE PRICES EXCEED 18 AVERAGES; AND BY ADDING ARTICLE 6 TO CHAPTER 11, 19 TITLE 56 SO AS TO IMPOSE AN ADDITIONAL ROAD TAX 20 IN THE SAME MANNER AS THE ADDITIONAL USER FEE. 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 SECTION 1. A.Chapter 28, Title 12 of the 1976 Code is amended 26 by adding: 27 28 “Article 4 29 30 Imposition of Additional User Fee 31 32 Section 1228410. (A) In addition to the user fee imposed 33 pursuant to Section 1228310, a user fee equal to seven cents a 34 gallon is imposed on: 35 (1) all gasoline, gasohol, or blended fuels containing 36 gasoline that are used or consumed for any purpose in this State; 37 and 38 (2) all diesel fuel, substitute fuels, or alternative fuels, or 39 blended fuels containing diesel fuel that are used or consumed in 40 this State in producing or generating power for propelling motor 41 vehicles.</p><p>[3111] 2 1 (B) Except where specified otherwise, the user fee imposed 2 pursuant to this article shall be imposed, collected, and 3 administered in the same manner as the user fee imposed pursuant 4 to Section 1228310. 5 6 Section 1228420. All revenue collected pursuant to this article 7 must be credited to the State Highway Fund to be used to improve 8 road conditions and supporting infrastructure in this State. 9 10 Section 1228430. (A) The provisions of this article terminate 11 on July 1, 2022, if as of June 1, 2022, the Revenue and Fiscal 12 Affairs Office determines that the current average wholesale price 13 of motor fuel is greater than the average wholesale price of motor 14 fuel over the previous five years. The Revenue and Fiscal Affairs 15 Office must use information on refiner and gas plant operator sales 16 prices of finished motor gasoline and diesel fuel for resale, 17 published by the United States Department of Energy in the 18 ‘Monthly Energy Review’, or equivalent data. 19 (B) If the provisions of this article do not terminate on July 1, 20 2022, then every five years thereafter, the provisions of this article 21 are subject to termination pursuant to the process set forth in 22 subsection (A), mutatis mutandis.” 23 24 B.This section takes effect July 1, 2017. 25 26 SECTION 2. A.Chapter 11, Title 56 of the 1976 Code is amended 27 by adding: 28 29 “Article 6 30 31 Road User Fee 32 33 Section 5611510. (A) In addition to the road tax imposed 34 pursuant to Section 5611410, a road user fee for the privilege of 35 using the streets and highways in this State is imposed upon every 36 motor carrier. The user fee is equivalent to seven cents a gallon, 37 calculated on the amount of gasoline or other motor fuel used by 38 the motor carrier in its operations within this State. 39 (B) Except where specified otherwise, the road user fee 40 imposed pursuant to this article shall be imposed, collected, and 41 administered in the same manner as the road tax imposed pursuant 42 to Section 5611410, including the credit provisions of Section 43 5611450, mutatis mutandis.</p><p>[3111] 3 1 2 Section 5611520. All revenue collected pursuant to this article 3 must be credited to the State Highway Fund to be used to improve 4 road conditions and supporting infrastructure in this State. 5 6 Section 5611530. (A) The provisions of this article terminate 7 on July 1, 2022, if as of June 1, 2022, the Revenue and Fiscal 8 Affairs Office determines that the current average wholesale price 9 of motor fuel is greater than the average wholesale price of motor 10 fuel over the previous five years. The Revenue and Fiscal Affairs 11 Office must use information on refiner and gas plant operator sales 12 prices of finished motor gasoline and diesel fuel for resale, 13 published by the United States Department of Energy in the 14 ‘Monthly Energy Review’, or equivalent data. 15 (B) If the provisions of this article do not terminate on July 1, 16 2022, then every five years thereafter, the provisions of this article 17 are subject to termination pursuant to the process set forth in 18 subsection (A), mutatis mutandis.” 19 20 B.This section takes effect July 1, 2017. 21 22 SECTION 3. Except as otherwise provided, this act takes effect 23 upon approval by the Governor. 24 XX 25</p><p>[3111] 4</p>
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