of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
H. 4824 -- Rep. Fulmer: A BILL TO AMEND SECTION 56-5-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING OF AN UNATTENDED MOTOR VEHICLE, SO AS TO PROVIDE FOR AN EXCEPTION FOR WHEELCHAIRS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES AND MEETING AND PASSING SCHOOL BUSES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION, AND FURTHER PROVIDE FOR WHEN A DRIVER OF A SCHOOL BUS NEED NOT STOP; TO AMEND SECTION 56-5-4700, RELATING TO REQUIRED EQUIPMENT FOR EMERGENCY VEHICLES AND SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS REQUIRED EQUIPMENT AND ITS USE; TO AMEND SECTION 59-67-10, RELATING TO THE DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 59-67-20, AS AMENDED, RELATING TO REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING DESIGN AND OPERATION OF SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-30, RELATING TO PAINTINGS AND MARKINGS OF SCHOOL BUSES, SO AS TO REQUIRE THESE MARKINGS TO CONFORM TO SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-50, RELATING TO REMOVAL OF IDENTIFICATION MARKS FROM FORMER SCHOOL BUSES, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-60, RELATING TO REQUIRED REPAINTING OF FORMER SCHOOL BUSES IN A COLOR DIFFERENT THAN YELLOW, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-80, RELATING TO WIPERS, BRAKES, LIGHTS, AND OTHER EQUIPMENT ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS EQUIPMENT; TO AMEND SECTION 59-67-100, RELATING TO SEATING SPACE ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THESE SPACE REQUIREMENTS; TO AMEND SECTION 59-67-110, RELATING TO EXITS ON SCHOOL BUSES, SO AS TO PROVIDE THAT EMERGENCY EXITS MUST BE IN COMPLIANCE WITH SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-150, RELATING TO QUALIFICATIONS OF SCHOOL BUS DRIVERS AND PROHIBITED ACTS ON BUSES, SO AS TO FURTHER PROVIDE FOR THESE QUALIFICATIONS AND TO SPECIFY THE PERSONS TO WHOM THIS PROHIBITION APPLIES AND WHERE IT APPLIES; TO AMEND SECTION 59-67-190, RELATING TO THE PROHIBITION AGAINST A SCHOOL BUS DRIVER LEAVING THE BUS WHILE THE ENGINE IS RUNNING, SO AS TO PROVIDE AN EXCEPTION FOR ASSISTING PERSONS WITH DISABILITIES OR IN EMERGENCIES; TO AMEND SECTION 59-67-200, RELATING TO THE REQUIREMENT OF A COMPLETE STOP TO DISCHARGE PASSENGERS, SO AS TO STIPULATE THE REQUIREMENTS FOR A COMPLETE STOP AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 59-67-210, RELATING TO THE PROHIBITION AGAINST ONE SCHOOL BUS PASSING ANOTHER, SO AS TO PERMIT SUCH PASSING ON MULTIPLE-LANE ROADS, TO AMEND SECTION 59-67-220, RELATING TO THE PROHIBITION AGAINST FILLING THE GASOLINE TANK OF A SCHOOL BUS WHILE THE ENGINE IS RUNNING, SO AS TO CHANGE THE REFERENCE FROM GASOLINE TO FUEL; TO AMEND SECTION 59-67-230, RELATING TO THE REQUIREMENT THAT A SCHOOL BUS STOP BEFORE CROSSING RAILROAD TRACKS, SO AS TO STIPULATE CERTAIN SITUATIONS WHEN THE SECTION DOES NOT APPLY; TO AMEND SECTION 59-67-240, RELATING TO DISCIPLINARY DUTIES OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THE ADOPTION OF DISCIPLINARY PROCEDURES; TO AMEND SECTION 59-67-245, RELATING TO INTERFERENCE WITH THE OPERATION OF SCHOOL BUSES, SO AS TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF SCHOOL BUSES, SO AS TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION AS WELL AS THE HIGHWAY PATROL TO INSPECT BUSES; TO AMEND SECTION 59-67-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN SCHOOL BUS PROVISIONS, SO AS TO INCREASE SUCH PENALTIES; TO AMEND SECTION 59-67-290, RELATING TO NEGLIGENCE OF SCHOOL BUS DRIVERS NOT BEING IMPUTABLE TO PASSENGERS, SO AS TO REQUIRE SUCH DRIVERS TO COMPLY WITH ALL DEPARTMENT OF EDUCATION REGULATIONS; TO AMEND SECTION 59-67-410, RELATING TO CONTROL BY THE STATE BOARD OF EDUCATION OF SCHOOL BUS TRANSPORTATION, SO AS TO DELEGATE TO THE DEPARTMENT OF EDUCATION THE POLICY AUTHORITY OVER SCHOOL BUS TRANSPORTATION; TO AMEND SECTION 59-67-420, AS AMENDED, RELATING TO THE EXTENT OF SCHOOL TRANSPORTATION PROVIDED, SO AS TO REVISE THESE TRANSPORTATION OBLIGATIONS THE STATE ASSUMES AND TO REVISE OTHER PROVISIONS RELATING TO TRANSPORTATION OF CHILDREN INCLUDING MAXIMUM TIME LIMITS ON SCHOOL BUS RIDES; TO AMEND SECTION 59-67-425, RELATING TO TRANSPORTATION OF CHILDREN ATTENDING KINDERGARTEN, SO AS TO FURTHER PROVIDE FOR THE CHILDREN WHO MAY BE TRANSPORTED AND CONDITIONS TO WHICH AND UNDER WHICH THIS SECTION APPLIES; TO AMEND SECTION 59-67-460, RELATING TO CONTRACTS FOR TRANSPORTATION SERVICES WITH PRIVATE PERSONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CONTRACTS MAY BE ISSUED AND THE COSTS OF SUCH TRANSPORTATION; TO AMEND SECTION 59-67-470, RELATING TO THE SELECTION, ELIGIBILITY, AND TRAINING OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THIS SELECTION, ELIGIBILITY, AND TRAINING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 59-67-480, RELATING TO SALARIES OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A SALARY SCHEDULE FOR SCHOOL BUS DRIVERS; TO AMEND SECTION 59-67-490, RELATING TO SCHOOL BUS ROUTES OF STATE-OWNED BUSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL APPROVE THE ROUTES; TO AMEND SECTION 59-67-500, RELATING TO SCHOOL BUS ROUTES OF LOCALLY-OWNED BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF TRANSPORTATION EQUIPMENT FOR SPECIAL EVENTS, SO AS TO CLARIFY AND REVISE CERTAIN TERMS AND REFERENCES; TO AMEND SECTION 59-67-520, RELATING TO TRANSPORTATION OF HANDICAPPED STUDENTS, SO AS TO CHANGE REFERENCES FROM HANDICAPPED PERSONS TO PERSONS WITH DISABILITIES; TO AMEND SECTION 59-67-535, RELATING TO USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT BLIND, ELDERLY, OR DISABLED PERSONS, SO AS TO CLARIFY REFERENCES THEREIN AND THE MANNER IN WHICH SUCH BOATS MAY BE USED FOR THESE PURPOSES; TO AMEND SECTION 59-67-540, AS AMENDED, RELATING TO MAINTENANCE OF STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR THIS MAINTENANCE TO BE THE RESPONSIBILITY OF THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-550, RELATING TO INSTALLMENT PURCHASES OF SCHOOL BUS MAINTENANCE SHOPS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THE SECTION FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-570, AS AMENDED, RELATING TO STATE BOARD OF EDUCATION REGULATIONS PERTAINING TO SCHOOL TRANSPORTATION, SO AS TO DELETE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 59-67-720, RELATING TO INSURANCE PREMIUMS ON STATE-OWNED SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; AND TO REPEAL SECTIONS 59-67-70, 59-67-90, 59-67-120, 59-67-250, 59-67-260, 59-67-440, 59-67-450, AND 59-67-530 RELATING TO SCHOOL BUSES AND TRANSPORTATION.
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 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; 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.
H. 4826 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 24, IMPOSING A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 OF THE 1976 CODE, RELATING TO THE DOCUMENTARY STAMP TAX.
H. 4827 -- Reps. Kennedy, Knotts and Herdklotz: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-145 SO AS TO PROVIDE FOR THE CREATION OF GRIEVANCE COMMISSION PANELS TO INVESTIGATE AND HEAR COMPLAINTS AGAINST LAW ENFORCEMENT OFFICERS, TO DETERMINE THE NECESSARY ACTION TO BE TAKEN AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE THAT CERTAIN PROCEEDINGS ARE CONFIDENTIAL AND CIVIL PENALTIES FOR A BREACH OF THE CONFIDENTIALITY PROVISION, AND TO PROVIDE A PROCESS TO APPEAL A DECISION.
H. 4828 -- Rep. Harrison: A BILL TO AMEND SECTION 40-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO PROVIDE THAT THE BOARD MUST USE A NATIONAL, RATHER THAN A STATE, PRACTICAL EXAMINATION FOR LICENSURE AND TO REQUIRE APPLICANTS TO TAKE A WRITTEN EXAMINATION ON SOUTH CAROLINA REGULATIONS AND OTHER SUBJECTS AS THE BOARD MAY REQUIRE.
H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
H. 4830 -- Rep. Harrison: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
H. 4831 -- Reps. Jaskwhich, Anderson, Townsend and Marchbanks: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO EXAMINE ITS HIGHWAY PATROL DIVISION'S USE OF UNMARKED PATROL VEHICLES TO DETERMINE WHETHER THEIR CONTINUED USE IS NECESSARY AND TO REPORT ITS FINDINGS TO THE SENATE AND HOUSE JUDICIARY COMMITTEES.
H. 4832 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE JOEL A. SMITH III, OF COLUMBIA, PRESIDENT OF NATIONSBANK, N.A. (CAROLINAS), UPON BEING NAMED 1996 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.
H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL 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.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, 12-36-120, 12-36-1710, 12-36-2110, AND 12-36-2120, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO CHANGE REFERENCES FROM "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS AND TO REVISE THE APPLICATION OF THE EXEMPTION FOR POLLUTION CONTROL EQUIPMENT IN GREIGE MILLS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, ESTABLISH ADDITIONAL REQUIREMENTS TO QUALIFY FOR THE FOUR PERCENT OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSMENT RATIO AND VARIOUS METHODS OF PROVIDING DOCUMENTATION TO THE ASSESSOR OF ELIGIBILITY AND TO PROVIDE EXCEPTIONS, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO TAX SALES, SO AS TO PROVIDE FOR NOTICE OF ANY EXCESS FOR THE SALE DUE THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-120, AS AMENDED, RELATING TO REDEMPTION OF PROPERTY, SO AS TO REVISE NOTICE REQUIREMENTS AND CONFORM THE REFERENCE TO AN INTEREST RATE TO CURRENT LAW; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO PAYMENT OF TAXES IN FUNDS IMMEDIATELY AVAILABLE, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PRESCRIBE ALTERNATIVE MEANS FOR FILING TAX RETURNS AND REPORTS AND PROVIDE FOR THE TIME INTEREST AND PENALTIES MAY APPLY TO SUCH PAYMENTS; TO ADD SECTIONS 12-21-3920, 12-21-3940, 12-21-3950, AND 12-21-4060 SO AS TO PROVIDE DEFINITIONS AND LICENSING REQUIREMENTS FOR THE GAME OF BINGO; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO SOUTH CAROLINA INDIVIDUAL INCOME TAX DEDUCTIONS, SO AS TO DELETE THE DEDUCTIONS FOR BINGO PRIZES; TO ADD SECTION 12-21-3955 SO AS TO PROVIDE FOR THE DESIGNATION OF A PROMOTER FOR PURPOSES OF BINGO REGULATION; TO AMEND SECTIONS 12-21-4000 AND 12-21-4030, RELATING TO BINGO, SO AS TO DELETE CERTAIN REQUIREMENTS OF THE CALLER AND LIMIT CHARGES FOR CARDS; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO EXCLUDE FROM THE DEFINITION CERTAIN SOLID WASTE
Last Updated: Monday, June 29, 2009 at 1:45 P.M.