Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we move towards the last activities of this Session, we come, Lord, in the awareness of how precious is this time. We, therefore, seek Your guidance to use our every God-given moment carefully and wisely. Keep us focused on doing Your will as we, with hands joined, walk and work as partners together.
May Your never failing presence be within us to refresh us, above us to bless us, around us to protect us, before us to lead us, and beneath us to hold us up. So soon, now, we will go our separate ways. Wherever we go, whatever we do, may our relationship with our God be not as a spare tire, but as a steering wheel always.
The Lord bless us and keep us, now and forever. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Thursday, June 13, the SPEAKER ordered it confirmed.
Rep. YOUNG-BRICKELL moved that when the House adjourns, it adjourn in memory of Robert E. Atkinson of Summerville, which was agreed to.
The following was received.
June 18, 1996
The Honorable Scott Beck
22 Rapids Ct.
N. Augusta, S.C. 29841
Dear Scott:
It is with pleasure that I appoint you to the House Agriculture, Natural Resources and Environmental Affairs Committee effective immediately.
I know that you will serve this committee with great honor and distinction. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Received as information.
The following was received.
July 10, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Speaker Wilkins:
I am advised that my appointment to the Public Service Authority's Board of Directors (Santee-Cooper) is effective July 10, 1996.
Please consider this correspondence as my resignation from the S.C. House of Representatives as the Representative for House District 3, Pickens County, effective this date.
Sincerely,
Claude V. Marchbanks
Received as information.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Gamble Govan Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay McMahand Meacham Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, June 26.
Michael F. Jaskwhich Timothy F. Rogers Ronald C. Fulmer James S. Klauber C. Alex Harvin III Eugene C. Stoddard Richard M. Quinn, Jr. Ronald N. Fleming Theodore A. Brown
LEAVES OF ABSENCE
The SPEAKER granted Rep. FLEMING a temporary leave of absence for the day.
The SPEAKER granted Rep. CARNELL a leave of absence for the day.
The SPEAKER granted Rep. TUCKER a leave of absence for the day.
June 19, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker and Members of the House:
I am returning H. 4600, R. 520, the 1996-1997 Appropriations Act, with vetoes.
Part IA, Section 17B, B&C-Division of Operations, page 67, line 40, -OTHER PERSONAL SERVICE 30,000. This veto is necessary to comply with balanced budget requirements and offsets my veto of Section 64 in Part II.
Part IB, Section 11, Attorney General's Office, page 407, proviso 11.10. - I am vetoing this proviso because it eliminates a resource directed to support investigation and prosecution of insurance fraud.
Part II, Section 64, page II-65, -Insurance Fraud - I am vetoing Section 64 because it eliminates a resource directed to support investigation and prosecution of insurance fraud.
Part II, Section 79, pages II-73 and II-74, -Qualifications for 4% Assessment Ratio - I am vetoing Section 79 because it was passed in other, separate legislation.
Part II, Section 84, pages II-76 and II-77, -Greige Mills Machinery and Equipment Tax Exemption - I am vetoing Section 84 because it was passed in other, separate legislation.
Part II, Section 101, page II-85 and II-86, -County Delegation Payments in Lieu of the Provision of Office Space - I am vetoing Section 101 because the question of local governments providing office space for local legislative delegations is addressed in current law.
For these reasons, I veto these items.
Sincerely,
David M. Beasley
Part IA, Section 17B, B&C-Division of Operations, page 67, line 40, -OTHER PERSONAL SERVICE 30,000.
Rep. FELDER explained the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allison Baxley Beck Boan Brown, G. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cotty Easterday Felder Gamble Govan Harrell Harris, J. Haskins Herdklotz Hines, M. Hodges Hutson Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay Meacham Neal Phillips Rhoad Rice Richardson Riser Robinson Scott Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stuart Tripp Trotter Vaughn Wells Whatley White Wilder Wilkins Witherspoon Wright Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I was not in the Chamber when the vote was taken on Veto 1 of the Appropriations Act, Part IA, Section 17B, Page 67, Line 40. Had I been in the Chamber, I would have voted to sustain the veto.
Rep. L. HUNTER LIMBAUGH
Part IB, Section 11, Attorney General's Office, page 407, proviso 11.10.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allison Anderson Baxley Beck Boan Brown, J. Byrd Cain Cato Cave Chamblee Cotty Davenport Delleney Easterday Felder Gamble Hallman Harrell Hines, M. Hodges Hutson Keegan Kelley Kinon Kirsh Knotts Koon Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McAbee McKay McTeer Meacham Rhoad Rice Richardson Robinson Seithel Sharpe Simrill Smith, R. Spearman Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wright Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Part II, Section 64, page II-65, -Insurance Fraud
Rep. FELDER explained the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Knotts
Those who voted in the negative are:
Allison Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Cato Chamblee Clyburn Cooper Cotty Cromer Davenport Delleney Easterday Felder Gamble Govan Harrell Harris, J. Hines, M. Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kirsh Koon Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks McAbee McCraw McElveen McKay McMahand Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilder Wilkins Witherspoon Wright Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I would like to be recorded as voting to sustain Veto 3 on H. 4600. I was unable to do so because of a malfunction with my roll call key.
Rep. J.M. KNOTTS, JR.
Part II, Section 79, pages II-73 and II-74,
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Bailey Baxley Beck Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cooper Cotty Davenport Delleney Easterday Felder Gamble Govan Harrell Harris, J. Harris, P. Haskins Hines, M. Hodges Howard Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Law Lee Limbaugh Limehouse Loftis Marchbanks Martin McAbee McCraw McElveen McKay Meacham Neal Neilson Phillips Rhoad Rice Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Williams Wofford Wright Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Part II, Section 84, pages II-76 and II-77,
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Bailey Baxley Beck Boan Brown, G. Brown, H. Brown, J. Byrd Cato Cave Chamblee Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Felder Gamble Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Inabinett Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand Meacham Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Stuart Townsend Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Williams Witherspoon Wofford Wright Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Part II, Section 101, page II-85 and II-86,
Reps. BAILEY and SHEHEEN spoke against the veto.
Rep. HUTSON spoke in favor of the veto.
Reps. G. BROWN and BAILEY spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Dantzler Govan Hallman Harris, P. Hines, J. Hines, M. Howard Inabinett Keyserling Kinon Lanford Law Lloyd Martin McAbee McElveen McMahand McTeer Neal Neilson Richardson Scott Seithel Sheheen Whatley Whipper, L. Whipper, S. White Williams Wofford Young-Brickell
Those who voted in the negative are:
Allison Beck Boan Brown, H. Cain Cato Chamblee Cooper Cotty Delleney Easterday Felder Gamble Harrell Harris, J. Haskins Herdklotz Hodges Hutson Jennings Keegan Kelley Kirsh Knotts Koon Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Phillips Rhoad Rice Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkes Wilkins Witherspoon Wright Young
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
June 19, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4717, R. 524, an Act:
TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.
This Bill would exempt persons who wish to construct a short-term structural landfill from the requirement that the landfill be consistent with applicable solid waste plans. The South Carolina Solid Waste Policy and Management Act of 1991 required the State and every county, either alone or in cooperation with other counties, to prepare comprehensive solid waste management plans. Now that these plans have been developed and are being implemented, it would be inappropriate for state law to determine that those plans will not be followed for a category of landfills.
For the above reasons, I am vetoing H. 4717, R. 524.
Sincerely,
David M. Beasley
Rep. SHARPE spoke against the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Beck Boan Brown, G. Brown, H. Brown, J. Cain Cato Chamblee Clyburn Cooper Cromer Dantzler Davenport Delleney Easterday Felder Gamble Govan Hallman Harrell Harris, J. Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 4717 General Subject Matter: Landfill and Trash Facilities - on the vote to override permitting the Governor's veto
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. I abstained because my law partner advises he has a client purchasing land with intent to seek permits from state and counties for operating a construction debris landfill.
Rep. WILLIAM F. COTTY
Rep. WHITE made a statement relative to Reps. McTEER, RICHARDSON and KEYSERLING's service in the House.
Rep. HODGES made a statement relative to Rep. DOUG McTEER's service in the House.
Rep. LLOYD made a statement relative to Rep. BILLY KEYSERLING's service in the House.
Rep. DOUG McTEER made a statement relative to his service in the House of Representatives.
Rep. SCOTT RICHARDSON made a statement relative to his service in the House of Representatives.
Rep. BILLY KEYSERLING made a statement relative to his service in the House of Representatives.
Rep. KOON and the Lexington Delegation made a statement relative to Rep. DAVID WRIGHT's service in the House.
Rep. DAVID WRIGHT made a statement relative to his service in the House of Representatives.
Rep. YOUNG-BRICKELL moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The House stood at ease subject to the call of Chair.
At 3:40 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., June 26, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WELLS the invitation was accepted.
At 3:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R530) S. 1101 -- Senator Holland: AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND BY ADDING SECTION 7-13-72 SO AS TO PROVIDE FOR THE APPOINTMENT OF MANAGERS AND CLERKS.
(R531) S. 1117 -- Education Committee: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED FOR PUBLIC SCHOOL FACILITIES ASSISTANCE.
(R532) S. 1216 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, MAKE THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
(R533) H. 3446 -- Rep. Sharpe: AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 20 SO AS TO ENACT PROVISIONS TO REGULATE CONFINED SWINE FEEDING OPERATIONS, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, FEES, PUNISHMENT FOR VIOLATIONS OF THIS CHAPTER, AND THE PROMULGATION OF REGULATIONS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT NO ESTABLISHED AGRICULTURAL FACILITY OR ANY AGRICULTURAL OPERATION AT AN ESTABLISHED AGRICULTURAL FACILITY IS OR MAY BECOME A NUISANCE, PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR ABOUT THE LOCALITY OF THE FACILITY OR OPERATION, AND TO DELETE CERTAIN LANGUAGE; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS REGARDING CONFINED SWINE FEEDING OPERATIONS, WHICH ADDITIONAL REGULATIONS ARE SEPARATE AND DISTINCT FROM THE REGULATIONS PROMULGATED PURSUANT TO CHAPTER 20, TITLE 47; AND TO PROVIDE THAT WHEN THESE "SEPARATE AND DISTINCT" OR "ADDITIONAL" REGULATIONS ARE APPROVED BY THE GENERAL ASSEMBLY, OR TAKE EFFECT WITHOUT ACTION OF THE GENERAL ASSEMBLY, VARIOUS PROVISIONS CONTAINED IN THIS ACT AND CERTAIN REGULATIONS ARE REPEALED.
(R534) H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS; BY ADDING ARTICLE 6 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE; TO AMEND SECTION 16-23-20, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A HUNTER OR FISHERMAN MAY CARRY A PISTOL AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 16-23-460, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF CERTAIN CONCEALED WEAPONS, SO AS TO REVISE THE TYPE OF CONCEALED WEAPONS THAT MAY BE CARRIED WITH AND WITHOUT A PERMIT AND TO REVISE THE PENALTY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO THE PENALTY FOR UNLAWFULLY CARRYING A FIREARM ONTO A PREMISES OF A BUSINESS SELLING CERTAIN ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS OFFENSE WHO POSSESSED A CONCEALABLE WEAPON PERMIT MUST HAVE HIS PERMIT REVOKED; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO CARRYING OR DISPLAYING A FIREARM IN OR AROUND AN EDUCATIONAL INSTITUTION OR A PUBLIC BUILDING, SO AS TO REVISE THE LOCATIONS IN WHICH A FIREARM MAY NOT BE CARRIED ONTO; BY ADDING SECTION 23-31-217 SO AS TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 AFFECTS THE PROVISIONS CONTAINED IN SECTION 16-23-20; TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 SHALL BE CONSTRUED TO LIMIT, DIMINISH, OR INFRINGE ON CERTAIN RIGHTS; TO AMEND SECTION 10-11-340, RELATING TO PERFORMANCE OF DUTIES BY MEMBERS OF THE GENERAL ASSEMBLY AND PERSONS REQUIRED TO PERFORM DUTIES WITHIN THE CAPITOL BUILDING, SO AS TO REVISE THE PERSONS THIS PROVISION APPLIES TO; TO AMEND SECTION 40-17-120, AS AMENDED, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT PRECLUDE A PRIVATE DETECTIVE FROM OBTAINING A CONCEALABLE WEAPON PERMIT AND THAT A PERSON ISSUED A PERMIT TO CARRY A WEAPON PURSUANT TO THIS PROVISION MAY ALSO OBTAIN A CONCEALABLE WEAPON PERMIT; TO PROVIDE THAT NOTHING CONTAINED IN THIS ACT AFFECTS THE VALIDITY OF CERTAIN PERMITS ISSUED PURSUANT TO ARTICLE 3, CHAPTER 31, TITLE 23; TO PROVIDE THAT A PERSON HOLDING A CONCEALABLE WEAPON PERMIT PURSUANT TO ARTICLE 4, CHAPTER 31, TITLE 23, MAY NOT CARRY A CONCEALABLE WEAPON INTO THE RESIDENCE OF ANOTHER PERSON WITHOUT THE PERMISSION OF CERTAIN PERSONS AND TO PROVIDE PENALTIES; TO PROVIDE THE MANNER IN WHICH THE POSTING OF SIGNS PROHIBITING THE CARRYING OF A CONCEALABLE WEAPON UPON A PREMISES MAY BE SATISFIED; TO PROVIDE THAT A PERSON MAY CARRY A CONCEALABLE WEAPON FROM A MOTOR VEHICLE TO CERTAIN RENTED ROOMS; AND TO REPEAL SECTION 23-31-120 RELATING TO PERSONS TO WHOM WEAPON PERMITS MAY BE ISSUED.
(R535) H. 3845 -- Rep. Cromer: AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN SEPTEMBER OF 1996 AND EVERY THIRD YEAR THEREAFTER IN THE SAME MONTH, RATHER THAN IN NOVEMBER OF EVERY YEAR, THE DEPARTMENT OF PUBLIC SAFETY SHALL FURNISH THE STATE ELECTION COMMISSION A COMPUTER TAPE CONTAINING CERTAIN INFORMATION OF PERSONS OVER EIGHTEEN AND CITIZENS OF THE UNITED STATES RESIDING IN EACH COUNTY WHO HOLD A VALID SOUTH CAROLINA DRIVER'S LICENSE OR AN IDENTIFICATION CARD.
(R536) H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED FILING FEES AND COURT COSTS RELATING TO INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED RELEASE CREDITS UNDER CERTAIN CIRCUMSTANCES, TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION, TO PROVIDE THAT THIS CHAPTER IS NOT APPLICABLE TO CERTAIN CASES THAT REQUIRE AN INDIGENT PERSON BE ALLOWED ACCESS TO THE COURTS; AND TO PROVIDE A SEVERABILITY CLAUSE.
(R537) H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.
(R538) H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.
(R539) H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: AN ACT TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE PROPERTY TAXATION OF MOTOR CARRIER VEHICLES; TO AMEND SECTION 12-28-310, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS; TO AMEND SECTION 12-28-1575, RELATING TO NONTAXABLE DYED DIESEL FUEL, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF SUCH FUEL; TO AMEND SECTION 12-28-710, RELATING TO GASOLINE TAX EXEMPTIONS, SO AS TO REVISE SPECIFIC REQUIREMENTS FOR TAX EXEMPTION; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO GROSS VEHICLE WEIGHT LIMITATIONS, SO AS TO REVISE THESE LIMITATIONS; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO HIGHWAY FINANCING, SO AS TO PROVIDE FOR A STATE HIGHWAY CONSTRUCTION DEBT SERVICE FUND.
(R540) H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: AN ACT TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES AND TO ADOPT PROVISIONS OF THE INTERNAL REVENUE CODE FOR CERTAIN DETERMINATIONS OF TIME OF FILING AND PAYMENT; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO GIVE THE AUTHORITY TO APPEAL A DEPARTMENTAL DETERMINATION TO THE LOCAL GOVERNING BODY; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCREASE THE MAXIMUM ACREAGE ON WHICH EXEMPTIONS MAY BE CLAIMED FOR PROPERTY ACQUIRED FOR NONPROFIT RESIDENTIAL CONSTRUCTION FOR RESALE TO ECONOMICALLY DISADVANTAGED PERSONS; AND TO AMEND SECTION 12-28-710, RELATING TO GASOLINE TAX EXEMPTIONS, SO AS TO EXEMPT GASOLINE USED IN AIRCRAFT.
At 3:55 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., June 26, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 1037, R. 502 by a vote of 5 to 33.
(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 26, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4717, R. 524 by a vote of 42 to 1.
(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.
Very respectfully,
President
Received as information.
Rep. SANDIFER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5106 -- Reps. Harvin, Kelley and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE TEAM MEMBERS FROM SOUTH CAROLINA WHO HAVE BEEN SELECTED BY INTERNATIONAL SOCCER USA TO PLAY IN THE GOTHIA CUP IN GOTHENBURG, SWEDEN AND THE GOLD COAST CLASSIC IN TORBAY, ENGLAND.
We turn to You again, Lord - this time to thank You for opportunities of service which have been ours. We are grateful for friendships made, for worthwhile accomplishments enjoyed, for hours made brilliant by success and lessons learned by failure. But above all, we thank You for Your never failing presence - guarding, leading, and correcting us.
Take now the product of our efforts. Bless and bring to full fruition that which is in accord with Your plans and purposes; bring to naught that which is contrary to Your will. And now may
"The Lord bless you and keep you;
The Lord make His face to shine on you and be gracious to you;
The Lord lift up His countenance upon you and give you peace."
Amen.
At 4:05 P.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Robert E. Atkinson of Summerville and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned Sine Die.
This web page was last updated on Monday, June 29, 2009 at 1:38 P.M.