(Doc Name COUNCIL\BBM\4701C017.BBM.HTC14.DOCX):
EXPLANATION:
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.