S*1143(Rat #0356, Act #0338 of 2008)  General Bill, By McConnell, Martin, 
Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and 
Malloy

Similar(H 4761)
 AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE
 THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL
 USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR
 LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE
 FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR
 FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT
 RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO
 EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES,
 AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING
 SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED,
 CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM
 PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR
 SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT
 TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS
 DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE
 SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE
 ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT
 A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE
 IDENTIFICATION NUMBER (RIN) TRADING SYSTEM. - ratified title

   02/21/08  Senate Introduced and read first time SJ-56
   02/21/08  Senate Referred to Committee on Finance SJ-56
   04/23/08  Senate Committee report: Favorable with amendment
                     Finance SJ-21
   04/24/08  Senate Committee Amendment Adopted SJ-82
   04/24/08  Senate Read second time SJ-82
   04/29/08  Senate Read third time and sent to House SJ-55
   04/30/08  House  Introduced and read first time HJ-9
   04/30/08  House  Referred to Committee on Ways and Means HJ-9
   05/15/08  House  Committee report: Favorable with amendment Ways
                     and Means HJ-10
   05/21/08  House  Amended HJ-30
   05/21/08  House  Read second time HJ-32
   05/21/08  House  Roll call Yeas-109  Nays-0 HJ-32
   05/22/08  House  Read third time and returned to Senate with
                     amendments HJ-10
   05/28/08  Senate House amendment amended SJ-112
   05/28/08  Senate Returned to House with amendments SJ-112
   05/29/08  Senate  Return requested from House
   05/29/08  Senate House amendment amended
   05/29/08  Senate Returned to House with amendments
   05/29/08  House  Debate adjourned on Senate amendments until
                     Tuesday, June 3, 2008 HJ-58
   05/29/08         Scrivener's error corrected
   06/03/08  House  Debate adjourned on Senate amendments until
                     Wednesday, June 4, 2008 HJ-160
   06/04/08  House  Concurred in Senate amendment and enrolled HJ-99
   06/04/08  House  Roll call Yeas-99  Nays-10 HJ-101
   06/05/08         Ratified R 356
   06/11/08         Vetoed by Governor
   06/25/08  Senate Veto overridden by originating body Yeas-35  Nays-8
   06/25/08  House  Veto overridden Yeas-92  Nays-9
   06/30/08         Copies available
   06/30/08         Effective date See Act for Effective Date
   07/11/08         Act No. 338

(A338, R356, S1143)

AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM.

Be it enacted by the General Assembly of the State of South Carolina:

Sales tax exemption

SECTION    1.    Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding an appropriately numbered item at the end to read:

"( )    Energy efficient products purchased for noncommercial home or personal use with a sales price of two thousand five hundred dollars per product or less.

(a)    For the purposes of this exemption, an 'energy efficient product' is any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy-saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program, and gas, oil, or propane water heaters with an energy factor of 0.80 or greater and electric water heaters with an energy factor of 2.0 or greater.

(b)    This exemption shall not apply to purchases of energy efficient products purchased for trade, business, or resale.

(c)    The exemption provided in this item applies only to sales occurring during a period commencing at 12:01 a.m. on October 1, 2009, and concluding at 12:00 midnight on October 31, 2009, (National 'Energy Efficiency Month') and every year thereafter until 2019.

(d)    Each year until 2019, the State Energy Office shall prepare an annual report on the fiscal and energy impacts of the October first through October thirty-first exemption and submit the report to the General Assembly no later than January first of the following year.

(e)    Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that growth then and in any adjusted forecast made before the beginning of the fiscal year equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the exemption allowed by this item shall be allowed for the applicable year. If the February fifteenth forecast or adjusted forecast annual general fund revenue growth for the upcoming fiscal year meets the requirement for the credit, the board promptly shall certify this result in writing to the department."

Sales tax exemption; Second Amendment Recognition Act

SECTION    2.    A.    This section may be cited as the "Second Amendment Recognition Act".

B.        Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new item at the end appropriately numbered to read:

"( )    sales of handguns as defined pursuant to Section 16-23-10(1), rifles, and shotguns during the forty-eight hours of the Second Amendment Weekend. For purposes of this item, the 'Second Amendment Weekend' begins at 12:01 a.m. on the Friday after Thanksgiving and ends at twelve midnight the following Saturday."

C.        This section takes effect July 1, 2008.

Terminal and other requirements

SECTION    3.    Article 3, Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-340.    (A)    Regardless of other products offered, a terminal, as defined in Section 12-28-110(56), located within the State must offer a petroleum product that has not been blended with ethanol and that is suitable for subsequent blending with ethanol.

(B)    A person or entity must not take any action to deny a distributor, as defined in Section 12-28-110(17), or retailer, as defined in Section 12-28-110(52), who is doing business in this State and who has registered with the Internal Revenue Service on Form 637(M) from being the blender of record afforded them by the acceptance by the Internal Revenue Service of Form 637(M).

(C)    A distributor or retailer and a refiner must utilize the Renewable Identification Number (RIN) trading system. Nothing in this section should be construed to imply a market value for RINs."

Time effective

SECTION    4.    Except as otherwise stated, this act takes effect July 1, 2009. Section 3 takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Vetoed by the Governor -- 6/11/08.

Veto overridden by Senate -- 6/25/08.

Veto overridden by House -- 6/25/08.