S 328 Session 112 (1997-1998)
S 0328 General Bill, By Hayes and Russell
A BILL TO AMEND SECTION 4-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO LOCAL SALES AND USE TAX OR TOLLS FOR TRANSPORTATION FACILITIES, SO
AS TO ALLOW THE REFERENDUM REQUIRED TO BE HELD BEFORE LOCAL SALES AND USE
TAXES MAY BE IMPOSED TO BE HELD AT ANY APPROPRIATE TIME RATHER THAN AT THE
TIME OF THE GENERAL ELECTION AND TO DELETE OBSOLETE PROVISIONS.
02/06/97 Senate Introduced and read first time SJ-2
02/06/97 Senate Referred to Committee on Finance SJ-2
A BILL
TO AMEND SECTION 4-37-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LOCAL SALES AND USE
TAX OR TOLLS FOR TRANSPORTATION FACILITIES, SO AS
TO ALLOW THE REFERENDUM REQUIRED TO BE HELD
BEFORE LOCAL SALES AND USE TAXES MAY BE IMPOSED
TO BE HELD AT ANY APPROPRIATE TIME RATHER THAN
AT THE TIME OF THE GENERAL ELECTION AND TO DELETE
OBSOLETE PROVISIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 4-37-30(A)(2) of the 1976 Code, as added by
Act 52 of 1995, is amended to read:
"(2) Upon receipt of the ordinance, the county election commission
shall conduct a referendum at an appropriate time on the
question of imposing the optional special sales and use tax in the
jurisdiction. If the ordinance is received prior to January 1, 1996,
the referendum must be held on the first Tuesday occurring sixty
days after the election commission receives the ordinance. If that
Tuesday is a legal holiday, then the referendum must be held on the
next succeeding Tuesday that is not a holiday. If the ordinance is
received on January 1, 1996, or thereafter, the referendum must only
be held at the time of a general election. The commission shall
publish the date and purpose of the referendum once a week for four
consecutive weeks immediately preceding the date of the referendum,
in a newspaper of general circulation in the jurisdiction. A public
hearing must be conducted at least fourteen days before the
referendum, after publication of a notice setting forth the date, time,
and location of the public hearing. The notice must be published in
a newspaper of general circulation in the county at least fourteen days
before the date fixed for the public hearing."
SECTION 2. This act takes effect upon approval by the Governor.
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