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1316Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000406Primary Sponsor: PassailaigueAll Sponsors: PassailaigueDrafted Document Number: l:\council\bills\swb\5133mm00.docCompanion Bill Number: 4873Residing Body: SenateCurrent Committee: Finance Committee 06 SFSubject: Motor fuel taxes, Revenue Department to conduct inspections and remove samples; Taxation, Fuel, GasolineHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000407 Companion Bill No. 4873 Senate 20000406 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 12-28-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF TAXES ON MOTOR FUELS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE OR ITS DESIGNEE TO CONDUCT INSPECTIONS AND REMOVE SAMPLES OF FUEL FROM ANY VEHICLE, TANK, OR OTHER CONTAINER, INSTEAD OF LIMITING THE INSPECTION AND REMOVAL OF SAMPLES TO A PLACE WHERE THE TAXABLE FUEL IS PRODUCED, STORED, OR LOADED FOR TRANSPORT; AND BY REPEALING CHAPTERS 27 AND 29 OF TITLE 12 RELATING TO TAX ON GASOLINE AND ON OTHER MOTOR FUELS; AND TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO TAX ON MOTOR FUELS, SO AS TO REENACT FORMER SECTION 12-27-405 AS SECTION 12-28-2940.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-28-1910(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(A) The department or its appointees including federal government employees or persons operating under contract with the State, upon presenting appropriate credentials, may conduct inspections and remove samples of fuel from a vehicle, tank, or another container to determine coloration of diesel fuel or to identify shipping paper violations
at any place where taxable fuel is or may be produced, stored, or loaded into transport vehicles. Inspection must be performed in a reasonable manner consistent with the circumstances. However, prior notice is not required. Inspectors physically may inspect, examine, or otherwise search a tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel. Inspection may be made of equipment used for, or in connection with, the production, storage, or transportation of fuel. Inspectors may demand to be produced for immediate inspection the shipping papers, documents, and records required to be kept by a person transporting fuel. These places may include, but are not limited to, a:
(2) fuel storage facility that is not a terminal;
(3) retail fuel facility;
(4) highway rest stops; or
(5) designated inspection site defined as any state highway or waterway inspection station, weigh station, agricultural inspection station,
mobil mobile station, or other location designated by the department either fixed or mobile."
SECTION 2. Chapters 27 and 29 of Title 12 of the 1976 Code are repealed.
SECTION 3. Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-2940. Acquisitions by the Department of Transportation under the 'C' Fund program are exempt from the requirements of all appraisal provisions of Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 13-1-1330, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, 59-123-90."
SECTION 4. This act takes effect upon approval by the Governor.
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