View Amendment Current Amendment: 6a to Bill 4701 Rep. MERRILL proposes the following Amendment No. 6a to H.4701 as passed by the Senate
(Doc Name COUNCIL\BBM\4701C017.BBM.HTC14.DOCX):


Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, by adding an appropriately numbered new paragraph at the end to read:

/            117. (GP: Hurricane-preparedness supplies, sales tax holiday
     (A)(1)      The sales and use tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, not including a local sales and use tax administered by the South Carolina Department of Revenue does not apply to the first one thousand five hundred dollars of the sales price of purchases of each of hurricane-preparedness item or supply as defined in this subparagraph that occur in the eligible tax exemption period.
           (2)(a)      For purposes of this paragraph, "hurricane-preparedness items or supplies" include any of the following items:
           (i)            portable self-powered light source;
           (ii)            portable self-powered radio, two-way radio, or weatherband radio;
           (iii)      tarpaulin or other flexible waterproof sheeting;
           (iv)      ground anchor system or tie-down kit;
           (v)      gas or diesel fuel tank;
           (vi)      package of AAA-cell, AA-cell, C-cell, D-cell, 6-volt, or 9-volt batteries, excluding automobile and boat batteries;
           (vii)      cell phone battery and any cell phone charger;
           (viii)      nonelectric food storage cooler;
           (ix)      portable generator used to provide light or communications or preserve food in the event of a power outage;
           (x) "storm shutter device". The term "storm shutter device" shall include materials and products manufactured, rated, and marketed specifically for the purposes of preventing window damage from storms;
           (xi)      carbon monoxide detector;
           (xii)      blue ice product.
           (b)      For purposes of this subparagraph, "eligible tax exemption period" means purchases of hurricane-preparedness items or supplies on May 30 and 31, 2015, beginning at 12:01 a.m. on May 30 and ending at 11:59 p.m. May 31.
     (B)      This paragraph applies if during the exemption period one of the following occurs:
           (1)      Title to or possession of an eligible hurricane-preparedness item or supply is transferred from a selling dealer to a purchaser.
     (2)      A customer selects an eligible item from the selling dealer's inventory for layaway that is physically set aside in the selling dealer's inventory for future delivery to that customer.
     (3)      The customer makes final payment and withdraws an item from layaway that might have been placed in layaway before the eligible tax exemption period.
     (4)      The customer orders and pays for an eligible item and the selling dealer accepts the order for immediate shipment, even if delivery is made after the eligible tax exemption period, provided that the customer has not requested delayed shipment.
     (C)      Eligible items that customers purchase during exemption period with "rain checks" qualify for exemption, regardless of when the "rain checks" are issued. However, issuance of "rain checks" during the exemption period do not qualify items for exemption if the otherwise eligible items are actually purchased after conclusion of the exemption period.
     (D)(1)      When a customer purchases an eligible item during the eligible tax exemption period and exchanges the item without additional cash consideration after conclusion of the eligible tax exemption period for an essentially identical item of different size, color, or other failure, no additional tax is due.
           (2)      When a customer, after conclusion of the exemption period returns an eligible item that was purchased during the eligible tax exemption period and receives credit on the purchase of a different item, the appropriate sales tax is due on the purchase of the new item.
     (E)      For the sixty-day period after May 31, 2015, when a customer returns an item that would qualify for an exemption, no credit or refunds of sales tax shall be given unless the customer provides a receipt or invoice that shows that the sales tax was paid or the retailer has sufficient documentation that shows that the tax was paid on the specific item. This sixty-day period is not intended to change a dealer's policy concerning the time period during which returns will be accepted.
     (F)      The provisions of this paragraph do not apply to hurricane-preparedness items or supplies sold at any airport, public lodging establishment or hotel, convenience store, or entertainment complex.

Renumber sections to conform.
Amend totals and titles to conform.