H*3059(Rat #0185, Act #0161 of 2012)  General Bill, By Merrill, Stavrinakis, 
J.E. Smith and Whipper
 AN ACT TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE
 THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", REVISE THE METHOD OF ALLOCATING
 THE CREDIT, PROVIDE THAT CERTAIN INFORMATION MUST BE PROVIDED TO THE
 DEPARTMENT OF REVENUE IN ORDER TO CLAIM THE CREDIT, REVISE ITS EXPIRATION
 DATE, AND PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE CLAIMANTS
 DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVED BASIS. - ratified title

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Ways and Means
   01/11/11  House  Introduced and read first time (House Journal-page 27)
   01/11/11  House  Referred to Committee on Ways and Means
                     (House Journal-page 27)
   03/02/11  House  Member(s) request name added as sponsor: McCoy,
                     Stavrinakis
   03/29/11  House  Member(s) request name removed as sponsor: McCoy
   04/06/11  House  Committee report: Favorable Ways and Means
                     (House Journal-page 61)
   04/07/11         Scrivener's error corrected
   04/13/11  House  Debate adjourned (House Journal-page 71)
   04/13/11  House  Rejected (House Journal-page 77)
   04/13/11  House  Roll call Yeas-24  Nays-67 (House Journal-page 77)
   04/13/11  House  Motion noted- Rep. Merrill moved to reconsider
                     the vote whereby H. 3059 was rejected
                     (House Journal-page 94)
   04/14/11  House  Reconsidered (House Journal-page 33)
   04/14/11  House  Requests for debate-Rep(s). Norman, Simrill,
                     Bikas, Agnew, Nanney, McLeod, Knight, Chumley,
                     Crosby, Butler Garrick, Bales, and Merrill
                     (House Journal-page 33)
   04/28/11  House  Requests for debate removed-Rep(s). Knight,
                     Bales, and Crosby (House Journal-page 66)
   04/28/11  House  Debate adjourned until Tuesday, May 3, 2011
                     (House Journal-page 75)
   05/05/11  House  Member(s) request name added as sponsor:
                     J.E.Smith, Whipper
   05/05/11  House  Amended (House Journal-page 25)
   05/05/11  House  Read second time (House Journal-page 25)
   05/05/11  House  Roll call Yeas-64  Nays-40 (House Journal-page 25)
   05/05/11  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 29)
   05/06/11  House  Read third time and sent to Senate
                     (House Journal-page 108)
   05/11/11  Senate Introduced and read first time (Senate Journal-page 13)
   05/11/11  Senate Referred to Committee on Finance
                     (Senate Journal-page 13)
   03/07/12  Senate Committee report: Favorable with amendment
                     Finance (Senate Journal-page 12)
   03/20/12  Senate Committee Amendment Amended and Adopted
                     (Senate Journal-page 85)
   03/20/12  Senate  Second Reading Failed (Senate Journal-page 85)
   03/20/12  Senate Roll call Ayes-7  Nays-29 (Senate Journal-page 85)
   03/21/12  Senate Reconsider vote whereby read second time
                     (Senate Journal-page 5)
   04/12/12  Senate Read second time (Senate Journal-page 18)
   04/12/12  Senate Roll call Ayes-27  Nays-9 (Senate Journal-page 18)
   04/18/12  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 20)
   04/25/12  House  Debate adjourned until Thur., 04-26-12
                     (House Journal-page 39)
   04/26/12  House  Debate adjourned until Tues., 05-01-12
                     (House Journal-page 69)
   05/01/12  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 52)
   05/01/12  House  Roll call Yeas-53  Nays-48 (House Journal-page 52)
   05/08/12         Ratified R 185
   05/14/12         Signed By Governor
   05/17/12         Effective date See Act for Effective Date
   05/21/12         Act No. 161

(A161, R185, H3059)

AN ACT TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", REVISE THE METHOD OF ALLOCATING THE CREDIT, PROVIDE THAT CERTAIN INFORMATION MUST BE PROVIDED TO THE DEPARTMENT OF REVENUE IN ORDER TO CLAIM THE CREDIT, REVISE ITS EXPIRATION DATE, AND PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE CLAIMANTS DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVED BASIS.

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

Plug-in hybrid vehicle tax credit

SECTION    1.    Section 12-6-3376 of the 1976 Code, as added by Act 83 of 2007, is amended to read:

"Section 12-6-3376.    (A)    For taxable years beginning in 2012 and before 2017, a taxpayer is allowed a tax credit against the income tax imposed pursuant to this chapter for the in-state purchase or lease of a new plug-in hybrid vehicle.

A plug-in hybrid vehicle is a vehicle that:

(1)    shares the same benefits as an internal combustion and electric engine with an all-electric range of no less than nine miles;

(2)    has four or more wheels;

(3)    draws propulsion using a traction battery;

(4)    has at least four kilowatt hours of battery capacity; and

(5)    uses an external source of energy to recharge the battery.

Qualified plug-in hybrid vehicles also must be manufactured primarily for use on public streets, roads, highways, and not be classified as low or medium speed vehicles. Low-speed vehicles are vehicles capable of a speed of at least twenty but not more than twenty-five miles per hour, is used primarily for short trips and recreational purposes, and has safety equipment such as lights, reflectors, mirrors, parking brake, windshield, and safety belts. Medium-speed vehicles are vehicles capable of a speed of at least thirty but not more than forty-six miles per hour and has safety equipment such as lights, reflectors, mirrors, parking brake, windshield, and safety belts.

The credit is equal to six hundred sixty-seven dollars, plus one hundred eleven dollars if the vehicle has at least five kilowatt hours of battery capacity, plus an additional one hundred eleven dollars for each kilowatt hour of battery capacity in excess of five kilowatt hours. The maximum credit allowed by this section is two thousand dollars. The credit allowed by this section is nonrefundable and if the amount of the credit exceeds the taxpayer's liability for the applicable taxable year, any unused credit may be carried forward for five years.

(B)    To claim the credit allowed by this section, the taxpayer must provide the department with a certification from the vehicle manufacturer, or in the case of a foreign vehicle manufacturer, its domestic distributor, stating that the vehicle is a qualified plug-in hybrid as described in subsection (A), and the vehicle's number of kilowatt hours of battery capacity.

(C)    Notwithstanding the credit amount allowed pursuant to this section, for a calendar year all claims made pursuant to this section must not exceed two hundred thousand dollars and must apply to eligible claimants on a first-come, first-served basis as determined by the Department of Revenue in a manner it prescribes until the total allowable credits for that calendar year are exhausted."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and applies to in-state purchases and leases made on or after the first day of the calendar month beginning at least thirty days after the effective date of this act.

Ratified the 8th day of May, 2012.

Approved the 14th day of May, 2012.