1996 Permanent House Journal Printed Pages 5060-5072 - 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 5050, June 26 | Printed Page 5072, June 26

Printed Page 5060 . . . . . Wednesday, June 26, 1996

STATEMENT BY REP. HODGES

Rep. HODGES made a statement relative to Rep. DOUG McTEER's service in the House.

STATEMENT BY REP. LLOYD

Rep. LLOYD made a statement relative to Rep. BILLY KEYSERLING's service in the House.

STATEMENT BY REP. McTEER

Rep. DOUG McTEER made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. RICHARDSON

Rep. SCOTT RICHARDSON made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. KEYSERLING

Rep. BILLY KEYSERLING made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. KOON

Rep. KOON and the Lexington Delegation made a statement relative to Rep. DAVID WRIGHT's service in the House.

SPEAKER IN CHAIR

STATEMENT BY REP. WRIGHT

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.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 3:40 P.M. the House resumed, the SPEAKER in the Chair.

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MESSAGE FROM THE SENATE

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.

RATIFICATION OF ACTS

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

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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

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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

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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

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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

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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

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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

Printed Page 5068 . . . . . Wednesday, June 26, 1996

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,

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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

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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

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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

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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.

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