H 5071 General Bill, By Cobb-Hunter
 A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE LOCAL SALES AND
 USE TAX, SO AS TO EXTEND THE IMPOSITION OF THIS TAX TO MOTOR FUELS SUBJECT TO
 THE STATE MOTOR FUEL USER FEE AND TO PROVIDE FOR THE DISTRIBUTION AND USE OF
 LOCAL SALES AND USE TAX REVENUE ON MOTOR FUEL.

   03/31/04  House  Introduced and read first time HJ-38
   03/31/04  House  Referred to Committee on Ways and Means HJ-38

TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE LOCAL SALES AND USE TAX, SO AS TO EXTEND THE IMPOSITION OF THIS TAX TO MOTOR FUELS SUBJECT TO THE STATE MOTOR FUEL USER FEE AND TO PROVIDE FOR THE DISTRIBUTION AND USE OF LOCAL SALES AND USE TAX REVENUE ON MOTOR FUEL.

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

SECTION    1.    Section 4-10-20 of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:

"Section 4-10-20.    (A)    A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Section 12-36-2110 and Article 17 of Chapter 36 of Title 12 is exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-36-1310. Taxpayers required to remit taxes under Section 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county or municipality, shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality.

(B)(1)    Notwithstanding the provisions of subsection (A) of this section and Section 12-36-2120(15), the tax imposed pursuant to this section applies to motor fuel subject to the user fee on motor fuels pursuant to Section 12-28-310.

(2)    All revenue of the tax imposed on motor fuels pursuant to this subsection must be credited to the County/Municipal Revenue Fund and distributed from this fund in the manner that revenues in that fund are distributed. Revenues attributable to the tax on motor fuels must be used by recipient counties and municipalities only for road construction and improvements and road maintenance. This special crediting of revenue is not included in the schedule of allocation of local sales and use tax revenue between the Property Tax Credit Fund and the County/Municipal Revenue Fund provided pursuant to Section 4-10-90(B)."

SECTION    2.    This act takes effect July 1, 2004.