1996 Permanent House Journal Printed Pages 4730-4741 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

Printed Page 4720, May 30 | Printed Page 4741, May 30

Printed Page 4730 . . . . . Thursday, May 30, 1996

printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3141--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4755--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Printed Page 4731 . . . . . Thursday, May 30, 1996

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 871--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.

Whereas, the General Assembly on September 22, 1991, unanimously passed and the Governor signed the Ethics Act; and

Whereas, since January 1, 1992, this act bans public officials in the legislative branch of government from accepting gifts, gratuities, and campaign contributions from lobbyists. It limits gifts from lobbyists' principals to not more than two hundred dollars annually; and

Whereas, the people of South Carolina strongly endorse and support the Ethics Act and believe that its prohibitions and restrictions on lobbyists, lobbyists' principals, and state legislators are appropriate; and

Whereas, South Carolina's Ethics Act has served as a model for the nation, inspiring imitation by a large number of states in recent months; and

Whereas, lobbyists' gifts, gratuities, and campaign contributions on the congressional level have been covered extensively by the media and, at a minimum, give the public the perception that lobbyists have acquired undue influence over Congress. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of South Carolina urges the South Carolina Congressional Delegation to become the first congressional delegation in the United States to promise publicly to refrain in the future from accepting gifts and gratuities from lobbyists and to support legislation

Printed Page 4732 . . . . . Thursday, May 30, 1996

prohibiting the giving and receiving of lobbyists' gifts and gratuities to members of Congress and their staff members and employees.

Be it further resolved that a copy of this resolution be forwarded to the members of South Carolina's Congressional Delegation.

Rep. SHEHEEN moved to table the Concurrent Resolution, which was not agreed to by a division vote of 15 to 44.

The Concurrent Resolution was adopted and ordered returned to the Senate.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SEITHEL a temporary leave of absence.

S. 1432--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.

Whereas, according to the 1994 Annual Report of the South Carolina Judicial Department, the magistrates courts handle more cases than any other level of court and in 1993 disposed of sixty-six percent of cases in the courts; and

Whereas, the last comprehensive legislation concerning the magistrates courts' system was enacted in 1988; and

Whereas, the case of Davis v. County of Greenville, decided by the Supreme Court of South Carolina on January 8, 1996, and other cases and Attorney General's opinions have raised some questions about the current state of the law concerning the procedure for determining the number, location, compensation, and workload of magistrates in a county; and

Whereas, these issues require study to determine current needs, research more effective methods of meeting these needs, and offer the General

Printed Page 4733 . . . . . Thursday, May 30, 1996

Assembly alternatives for improving existing conditions in the magistrates courts. Now therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That a study committee be appointed to study the jurisdiction, number of available positions, location, qualifications, continuing education and certification requirements, and compensation and other benefits of magistrates in each county and throughout the state and the magistrates courts' role in the uniform judicial system. The committee shall be composed of the following: three members appointed by the Chairman of the Senate Judiciary Committee and three members appointed by the Speaker of the House of Representatives.

The committee shall submit its report to the General Assembly at the beginning of the 1997 legislative session at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Chairman of the Senate Judiciary Committee from the Senate staff and by the Speaker of the House of Representatives from the House staff.

Rep. TUCKER explained the Concurrent Resolution.

The Concurrent Resolution was adopted and ordered returned to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHARPE.

S. 119--CONTINUED

The following Bill was taken up.

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO

Printed Page 4734 . . . . . Thursday, May 30, 1996

REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

Rep. HUTSON moved to continue the Bill, which was agreed to.

S. 72--RECOMMITTED

The following Bill was taken up.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 28, by the Committee on Judiciary.

Rep. LIMBAUGH moved to table the amendment, which was agreed to.

Printed Page 4735 . . . . . Thursday, May 30, 1996

Rep. LIMBAUGH proposed the following Amendment No. 2 (Doc Name P:\amend\PFM\9460AC.96).

Amend the Judiciary Committee Report, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1 Section 20-3-10 of the 1976 Code is amended by adding at the end:

"(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."

SECTION 2. This act takes effect upon ratification of an amendment to SECTION 3, Article XVII of the South Carolina Constitution authorizing involuntary separation as a ground for divorce./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. CROMER spoke against the amendment.

Rep. McELVEEN spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. SIMRILL moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 73--RECOMMITTED

The following Joint Resolution was taken up.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.

Rep. SIMRILL moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. LITTLEJOHN moved that the House recur to the morning hour, which was agreed to.

Printed Page 4736 . . . . . Thursday, May 30, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the House having receded from their amendments, the Senate has ordered the Bill Enrolled for Ratification:

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Very respectfully,
President

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.

Printed Page 4737 . . . . . Thursday, May 30, 1996

Ordered for consideration tomorrow.

H. 4825--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. CARNELL, the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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

Printed Page 4738 . . . . . Thursday, May 30, 1996

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

Printed Page 4739 . . . . . Thursday, May 30, 1996

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

Printed Page 4740 . . . . . Thursday, May 30, 1996

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",

Printed Page 4741 . . . . . Thursday, May 30, 1996

RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.

Printed Page 4720, May 30 | Printed Page 4741, May 30

Page Finder Index