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(C) All fuel vendor records must be maintained in English and Arabic numerals or acceptable to electronic formats.

(D) Each fuel vendor shall make an annual report of taxable gallons sold at retail by county in accordance with Section 12-28-720 12-28-1390.

(E) In its discretion, the department may exempt from subsection (A) persons who possess a valid supplier, terminal operator, carrier transporter, importer, tank wagon operator, or exporter license. The fee for the full fuel vendor license is fifty dollars."

M. The 1976 Code is amended by adding:

"Section 12-28-1139. Each person who is 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 shall obtain a miscellaneous fuel tax license. There is no registration fee for this license."

N. Section 12-28-1150 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1150. Applicants, including corporate officers, partners, and individuals, for a license issued by the commissioner director, may be required to submit their fingerprints to the department at the time of applying. Officers of publicly-held corporations and their subsidiaries are exempt from this fingerprinting provision. Persons, other than applicants for an importer's license, who possessed licenses issued under a predecessor statute continuously for three years before the effective date of this chapter also are exempt from this provision. Fingerprints required by this section must be submitted on forms prescribed by the department. The department may forward to the Federal Bureau of Investigation or any other agency for processing all fingerprints submitted by license applicants. The receiving agency shall issue its findings to the department. The license application fee must be used to pay the cost of the investigation. The department or another state agency may maintain a file of fingerprints."

O. Section 12-28-1155(D) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(D) Fuel vendors defined in Section 12-28-1135, other than persons required to be licensed under provisions other than in that section those sections, and miscellaneous fuel tax licensees defined in Section 12-28-1139, are exempt from the bonding requirements of this section."

P. Section 12-28-1180(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

Q. Section 12-28-1300(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(B) The reports required by this section article must be filed with respect to information for the preceding calendar month on or before the twenty-second day of the current month."

R. Section 12-28-1300(C)(13) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(13) corrections made by the supplier pursuant to Section 12-28-795 12-28-1525 for changes in destination state which affect the supplier's or his customer's tax liability to this State;"

S. Section 12-28-1320 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1320. Each licensed tank wagon operator importer shall file with the department monthly a verified sworn statement of operations within this State plus other information in respect of the source and means of transportation of nonexempt taxable motor fuel as the department in its discretion may require on forms it prescribes and furnishes. A person who knowingly violates or knowingly aids and abets another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

T. Section 12-28-1390(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A) A fuel vendor shall file an annual report of total gallons of gasoline sold at retail through a retail outlet accessible to the general public by that vendor by county before January twenty-first February twenty-eighth annually for the preceding calendar year."

U. The 1976 Code is amended by adding:

"Section 12-28-1395. A person licensed as a miscellaneous fuel tax licensee in this State shall file monthly a sworn statement on forms prescribed by the department and furnish any information the department considers necessary to the enforcement of this chapter."

V. Section 12-28-1505(A)(3)(b) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(b) receives from the Secretary of State Department of Revenue and Taxation or its agent a verification number authorizing the diversion;"

"Section 12-28-2110. (A) The department in its discretion may must collect in lieu of the tax imposed by this chapter on taxable motor fuels consumed on the highways by state and local government diesel and other federally exempt fuel-powered highway vehicles, a fuel replacement tax imposed on the operation and the use on the highways of the vehicles, to be collected and administered in accordance with subsections (B) and (C) Sections 12-28-1139 and 12-28-1395.

(B) The tax imposed by this section must be paid before April first annually by the operator of each state and local government and other federally exempt vehicles used on the highways in this State. The amount of tax must be determined by the department to equate to the amount of motor fuel tax which would have been paid if that tax also is levied on diesel fuel consumed on the highways in the State and local government and other federally exempt diesel-powered highway vehicles by reference to a formula of reasonably expected mileage for that vehicle and fuel consumption for diesel powered vehicles of similar weight, design, and intended use.

(C) No person charged with responsibility for operation of a vehicle covered by this section may permit the operation of any such vehicle on the highways of this State without the affixation of a decal issued annually by the department which establishes that the fuel replacement tax was paid with respect to that vehicle."

X. Section 12-28-2360 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2360. A person may present to the department proof that he has paid an inspection fee on petroleum products in error or has paid an inspection fee on shipments of petroleum products subsequently diverted from the State, whereupon the department shall refund the amount of the inspection fee to the payee out of the petroleum products inspection fund, if the proof of the claim is submitted within six months from the date shown on the delivery manifest the time period provided for in Section 12-54-85."

Y. Section 12-28-2380 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2380. 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 tax fees provided in this chapter article. This section does not apply to a seller-user of liquefied petroleum gas."

"Section 12-28-2520. An oil company A motor fuel licensee may furnish the department with a statement of assets and liabilities, and if in the judgment of the department the property owned by the oil company motor fuel licensee is sufficient to protect the State in the payment of all gasoline motor fuel taxes due, a bond is not required."

AA. Section 12-28-2510 of the 1976 Code is repealed.

BB.Section 12-28-1575 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1575. In general, a notice stating: "DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE" must be:

(1) provided by the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator;

(2) provided by a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of item (3);

(3) posted by a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer."

CC. Section 12-28-710(A)(1)(c) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(c) which is destined for use other than for resale within the destination state for which an exemption has been made available by the destination state subject to procedural regulations promulgated by the department;"

DD. Section 12-28-710(A)(7) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(7) subject to determination by the department, that portion of diesel fuel taxable motor fuel used to operate equipment attached to a motor vehicle, if the diesel fuel taxable motor fuel was placed into the fuel supply tank of a motor vehicle that has a common fuel reservoir for travel on a highway and for the operation of equipment;"

EE.Notwithstanding any other effective date provided in this act, this section takes effect May 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Rep. SCOTT 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.

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

The following were received and referred to the appropriate committee for consideration.

Document No. 1928
Promulgated By Department of Health and Environmental Control
61-69. Classified Waters
Received By Speaker May 29, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date September 26, 1996
(Subject to Sine Die Revision)

Document No. 2040
Promulgated By Department of Health and Environmental Control
61.98 State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received By Speaker May 29, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date September 26, 1996
(Subject to Sine Die Revision)

The following was received.
Columbia, S.C., May 29, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Waldrep of the Committee of Conference on the part of the Senate on S. 943:

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH

Received as information.

Rep. KELLEY moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.

H. 5068 -- Rep. Cotty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LONNIE B. NELSON OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HIS MANY FRIENDS AND ADMIRERS.

H. 5070 -- Reps. Scott, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Govan, J. Hines, Howard, Inabinett, Kennedy, Lloyd, McMahand, Moody-Lawrence, Neal, L. Whipper, S. Whipper, White, Allison, Askins, Bailey, Baxley, Boan, G. Brown, H. Brown, Cain, Carnell, Cato, Chamblee, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, M. Hines, Hodges, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells,

H. 5071 -- Reps. Scott, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Govan, J. Hines, Howard, Inabinett, Kennedy, Lloyd, McMahand, Moody-Lawrence, Neal, L. Whipper, S. Whipper, White, Williams, Allison, Askins, Bailey, Baxley, Boan, G. Brown, H. Brown, Cain, Carnell, Cato, Chamblee, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, M. Hines, Hodges, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE RALPH ANDERSON OF GREENVILLE COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EXEMPLARY LEGISLATIVE SERVICE.

H. 5072 -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING MRS. JOYCE ANN LAW OF RICHLAND COUNTY ON BEING RECOGNIZED AS THE 1995-96 TEACHER OF THE YEAR AT A. J. LEWIS GREENVIEW ELEMENTARY SCHOOL AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

H. 5074 -- Rep. Wilkins: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND APPRECIATION TO THE HONORABLE HEYWARD GROVERMAN HUTSON A DEDICATED, CONSCIENTIOUS, AND COMMITTED MEMBER OF THE HOUSE

H. 5075 -- Reps. Baxley, Kinon and M. Hines: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LARRY L. ELLIOTT OF MARION COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING PUBLIC SERVICE.

H. 5076 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING T. L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE CLASS AAA STATE CHAMPIONSHIP IN BOYS SOCCER FOR 1996.

H. 5077 -- Reps. H. Brown and Law: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE SANDRA S. "SANDI" WOFFORD OF BERKELEY COUNTY FOR HER OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

H. 5078 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION WISHING GOOD HEALTH AND A SPEEDY RECOVERY TO THE HONORABLE DARWIN WRIGHT, MAYOR OF ANDERSON, FOLLOWING HIS RECENT SURGERY IN ATLANTA.

H. 5079 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION COMMENDING RICHARD SHIRLEY OF ANDERSON FOR A JOB WELL DONE AS VICE PRESIDENT AND CITY EXECUTIVE FOR BB&T, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

H. 5080 -- Reps. Cromer, Scott, J. Brown, Byrd, Rogers, Howard, Cotty, Harrison, Quinn and Sheheen: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JUNE STROTHER SHISSIAS OF RICHLAND COUNTY FOR HER OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

H. 5081 -- Reps. Allison, Littlejohn, Walker, Wilder, D. Smith, Davenport, Lee, Vaughn and Lanford: A CONCURRENT

H. 5082 -- Reps. Jennings, Baxley and Kinon: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM CONTINUED SUCCESS IN HIS CAREER.

At 7:00 P.M. the House in accordance with the motion of Rep. S. WHIPPER adjourned in memory of Ardenia Gamble and Lykes Gamble, Sr. of Liberty Hill, N. Charleston, to meet at 10:00 A.M. tomorrow.

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