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H 4244
Session 113 (1999-2000)


H 4244 General Bill, By Stille
 A BILL TO AMEND SECTION 4-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAXES,
 SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF
 INDUSTRIAL DEVELOPMENT PROJECTS, AND SECTION 12-44-30, RELATING TO DEFINITIONS
 FOR PURPOSES OF A SIMPLIFIED FEE IN LIEU OF PROPERTY TAXES, ALL SO AS TO
 ENLARGE THE DEFINITION OF "PROJECT" TO INCLUDE INFRASTRUCTURE IMPROVEMENTS AS
 DEFINED IN SECTION 12-21-6520 FOR PURPOSES OF THE TOURISM INFRASTRUCTURE
 ADMISSION TAX ACT OF 1997.

   06/03/99  House  Introduced and read first time HJ-98
   06/03/99  House  Referred to Committee on Ways and Means HJ-98



A BILL

TO AMEND SECTION 4-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAXES, SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS, AND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF A SIMPLIFIED FEE IN LIEU OF PROPERTY TAXES, ALL SO AS TO ENLARGE THE DEFINITION OF "PROJECT" TO INCLUDE INFRASTRUCTURE IMPROVEMENTS AS DEFINED IN SECTION 12-21-6520 FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSION TAX ACT OF 1997.

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

SECTION 1. Section 4-12-10(2) of the 1976 Code, as added by Act 125 of 1995, is amended to read:

"(2) 'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings, and all infrastructure improvements as defined in Section 12-21-6520(1) which are considered necessary, suitable, or useful."

SECTION 2. Section 4-29-10(3) of the 1976 Code, as amended by Act 151 of 1997, is further amended to read:

"(3) 'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings, and all infrastructure improvements as defined in Section 12-21-6520(1) which are considered necessary, suitable, or useful by the following or any combination of them:

(a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products;

(b) any commercial enterprise engaged in storing, warehousing, distributing, transporting, or selling products of agriculture, mining, or industry, or engaged in providing laundry services to hospitals, to convalescent homes, or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State;

(c) any enterprise for research in connection with any of the foregoing or for the purpose of developing new products or new processes or improving existing products or processes;

(d) any enterprise engaged in commercial business including, but not limited to, wholesale, retail, or other mercantile establishments; residential and mixed use developments of two thousand five hundred acres or more; office buildings; computer centers; tourism, sports, and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and

(e) any enlargement, improvement, or expansion of any existing facility in subitems (a), (b), (c), and (d) of this item.

The term 'project' does not include facilities for an enterprise primarily engaged in the sale or distribution to the public of electricity, gas, or telephone services. A project may be located in one or more counties or incorporated municipalities. The term 'project' also includes any structure, building, machinery, system, land, interest in land, water right, or other property necessary or desirable to provide facilities to be owned and operated by any person, firm, or corporation for the purpose of providing drinking water, water, or wastewater treatment services or facilities to any public body, agency, political subdivision, or special purpose district. This definition is for purposes of industrial revenue bonds only."

SECTION 3. Section 12-44-30(16) of the 1976 Code, as added by Act 149 of 1997, is amended to read:

"(16) 'Project' means land and buildings and other improvements on the land including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings, and all infrastructure improvements as defined in Section 12-21-6520(1) which are necessary, suitable, or useful."

SECTION 4. This act takes effect upon approval by the Governor and is effective for taxable years beginning after 1998.

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