H*5031 Session 112 (1997-1998)
H*5031(Rat #0398, Act #0462 of 1998) General Bill, By Lloyd, Bailey, Bowers,
Inabinett and Rhoad
Similar(S 937)
A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX
RELIEF ACT WHICH AUTHORIZES A SPECIAL ONE PERCENT SALES AND USE TAX IN THE
COUNTY OF SPECIFIED DURATION AND FOR SPECIFIED PURPOSES UPON APPROVAL IN A
REFERENDUM.-AMENDED TITLE
04/14/98 House Introduced, read first time, placed on calendar
without reference HJ-47
04/15/98 House Read second time HJ-16
04/16/98 House Read third time and sent to Senate HJ-10
04/21/98 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-32
04/23/98 Senate Read second time SJ-20
04/24/98 Senate Read third time and enrolled SJ-38
05/21/98 Ratified R 398
05/28/98 Became law without Governor's signature
06/08/98 Effective date 05/28/98
06/08/98 Copies available
09/14/98 Act No. 462
(A462, R398, H5031)
AN ACT TO ENACT THE COLLETON COUNTY SCHOOL
DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT WHICH
AUTHORIZES A SPECIAL ONE PERCENT SALES AND USE TAX
IN THE COUNTY OF SPECIFIED DURATION AND FOR SPECIFIED
PURPOSES UPON APPROVAL IN A REFERENDUM.
Be it enacted by the General Assembly of the State of South Carolina:
Citation
SECTION 1. This act may be cited as the "Colleton County
School District School Bond-Property Tax Relief Act".
One percent sales and use tax
SECTION 2. Subject to the requirements of this act, the
governing body of the Colleton County School District may by resolution
impose a one percent sales and use tax within Colleton County for a
specific purpose and for a specified period of time to collect funds to be
used to pay debt service on general obligation bonds issued pursuant to
Article 1 of Chapter 71, Title 59 of the 1976 Code (School Bond Act).
Procedures to be followed; referendum
SECTION 3. (A)(1) The governing body of the Colleton County
School District may vote to impose the tax authorized by this act, subject
to a referendum, by enacting a resolution. The resolution must specify:
(a) the improvements to be financed through the issuance of
general obligation bonds of the school district together with the
imposition of the tax;
(b) the maximum time, stated in calendar years or calendar
quarters, or a combination of them, not to exceed twenty years, for which
the tax may be imposed; and
(c) the maximum principal amount of general obligation bonds
to be issued and repaid with proceeds of the tax.
(2) The findings provided in item (1) may be incorporated within
a resolution of the governing body of the Colleton County School District
calling for a referendum upon the question of the issuance of general
obligation bonds pursuant to Article 1 of Chapter 71, Title 59 of the 1976
Code, if the proposed tax will be applied to payment of debt service upon
the bonds.
(B) Upon receipt of the resolution, the Colleton County Board of
Elections and Voter Registration shall conduct a referendum on the
question of imposing the optional special sales and use tax in the county.
Notice of the election must be provided in the manner provided by the
general election law and include the question to be voted upon in the
referendum. In addition, if the question of the issuance of general
obligation bonds is to also be voted upon in the referendum, publication
of notice of the referendum must also be given in compliance with Article
1 of Chapter 71, Title 59 of the 1976 Code. Expenses of the referendum
must be paid by the school district.
(C) The question to be voted upon in the referendum shall read
substantially as follows:
"Must a special one percent sales and use tax be imposed in
Colleton County for not more than twenty years in order to raise funds
which will be applied to pay debt service on general obligation bonds
issued to defray the cost of (identify improvements) for the Colleton
County School District?
Yes []
No [] "
The ballot may, in the discretion of the governing body of the school
district, contain a short explanation of the question to be voted upon in
this referendum.
(D) All qualified electors desiring to vote in favor of imposing the
tax for a particular purpose shall vote "yes" and all qualified
electors opposed to levying the tax for the particular purpose shall vote
"no". Upon receipt of the returns of the referendum, the
election commission shall, by resolution, declare the results of it and shall
file the resolution with the Colleton County Clerk of Court. The
resolution shall also be filed with the South Carolina Department of
Revenue. The results of the referendum, as declared by resolution of the
election commission and as filed with the clerk of court, is not open to
question except by a civil action instituted within twenty days of the filing
of it. If a majority of the votes cast are in favor of imposing the tax, then
the tax is imposed as provided in this act; otherwise the tax is not
imposed. A referendum on imposition of the tax authorized in this act
may not be held more than once in a period of twelve consecutive months.
Imposition of tax
SECTION 4. (A) If the tax is approved in the referendum, the tax
must be imposed beginning upon the first day of the third full month
following the filing of the declaration of results of the referendum with
the Department of Revenue.
(B) The tax terminates:
(1) on the final day of the maximum time specified for the
imposition; or
(2) if earlier, but not if later, upon payment of the final maturing
installments of principal of the bonds to which application of the tax is
authorized, or upon payment of the final maturing installments of
principal of general obligation bonds issued to refund the bonds.
(C) When the optional sales and use tax is imposed for more than
one purpose, the governing body of the school district authorizing the
referendum for the tax shall determine the priority for the expenditure of
the net proceeds of the tax for the purposes stated in the referendum.
Administration and collection of tax
SECTION 5. (A) The tax levied pursuant to this act must be
administered and collected by the Department of Revenue in the same
manner that other sales and use taxes are collected. The department may
prescribe the amounts which may be added to the sales price because of
the tax.
(B) The tax authorized by this act is in addition to all other local
sales and use taxes and applies to the gross proceeds of the sales in the
applicable jurisdiction which are subject to the tax imposed by Chapter
36, Title 12 of the 1976 Code and the enforcement provisions of Chapter
54, Title 12 of the 1976 Code. The gross proceeds of the sale of items
subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are
exempt from the tax imposed by this act. The gross proceeds of the sale
of food which may lawfully be purchased with United States Department
of Agriculture food stamps are exempt from the tax imposed by this act.
The tax imposed by this act also applies to tangible personal property
subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976
Code.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36,
Title 12 of the 1976 Code shall identify the county in which the tangible
personal property purchased at retail is stored, used, or consumed in this
State.
(D) Utilities are required to report sales in the county in which
consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920 of
the 1976 Code who owns or manages rental units in more than one county
shall separately report in his sales tax return the total gross proceeds from
business done in each school district.
(F) The gross proceeds of sales of tangible personal property
delivered after the imposition date of the tax levied under this act in
Colleton County, either under the terms of a construction contract
executed before the imposition date, or a written bid submitted before the
imposition date, culminating in a construction contract entered into before
or after the imposition date, are exempt from the special local sales and
use tax provided in this section if a verified copy of the contract is filed
with the Department of Revenue within six months after the imposition
of the special local sales and use tax.
(G) Notwithstanding the imposition date of the special local sales
and use tax authorized pursuant to this act, with respect to services that
are regularly billed on a monthly basis, the special local sales and use tax
is imposed beginning on the first day of the billing period beginning on
or after the imposition date.
Distribution of revenues
SECTION 6. (A) The revenues of the tax collected in the county
under this act must be remitted to the State Treasurer and credited to a
fund separate and distinct from the general fund of the State. After
deducting the amount of refunds made and costs to the Department of
Revenue of administering the tax, not to exceed one percent of the
revenues, the State Treasurer shall distribute the revenues quarterly to the
county treasurer who holds the debt service funds established for payment
of principal and interest on the bonds to which the tax is applicable. The
State Treasurer may correct misallocation costs or refunds by adjusting
subsequent distributions, but these adjustments must be made in the same
fiscal year as the misallocation.
(B) The Colleton County Treasurer holding taxes collected pursuant
to this act must certify to the auditor of the county on July fifteenth of
each calendar year as to the amount of taxes held by that county treasurer
as of June thirtieth of the calendar year. The Colleton County Auditor
shall reduce the next levy of ad valorem property taxes required to pay
debt service on bonds to which the tax is applicable by the amount of tax
revenues certified as collected as of June thirtieth by the county treasurer.
Taxes collected as of June thirtieth of a calendar year in excess of the
amounts required to pay debt service due in the eighteen months
following June thirtieth on bonds to which the tax is applicable must be
applied to reduce the next levy of ad valorem property taxes required for
payment of operational and maintenance expenses of the Colleton County
School District.
(C) The State Treasurer, in consultation with the Department of
Education, shall determine an average per pupil amount by dividing the
amount of revenues generated in the county by the imposition of the tax
authorized by this act by the total number of students in grades K-12 in
Colleton County. The State Treasurer shall pay any other school district
located in Colleton County an amount equal to the average per pupil
amount based on the number of pupils attending schools residing in
Colleton County to be used exclusively for capital projects.
Data furnished
SECTION 7. The Department of Revenue shall furnish data to the
State Treasurer and to the school districts receiving tax revenues pursuant
to this act for the purpose of calculating distributions and estimating
revenues. The information which must be supplied to the Colleton
County School District upon request includes, but is not limited to, gross
receipts, net taxable sales, and tax liability by taxpayers. Information
about a specific taxpayer is considered confidential and is governed by the
provisions of Section 12-54-240 of the 1976 Code. A person violating
this section is subject to the penalties provided in Section 12-54-240 of
the 1976 Code.
Time effective
SECTION 8. This act takes effect upon approval by the
Governor.
Became law without the signature of the Governor -- 05/28/98.
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