South Carolina General Assembly
113th Session, 1999-2000

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Bill 3218


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3218
Ratification Number:              190
Act Number:                       111
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Miller
All Sponsors:                     Miller
Drafted Document Number:          l:\council\bills\pt\1141htc99.doc
Date Bill Passed both Bodies:     19990623
Date of Last Amendment:           19990623
Governor's Action:                S
Date of Governor's Action:        19990630
Subject:                          Taxpayer information filed with county, 
                                  municipality in return, etc. confidential; 
                                  Taxation, Political Subdivisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990721  Act No. A111
------  19990630  Signed by Governor
------  19990624  Ratified R190
House   19990623  Ordered enrolled for ratification
House   19990623  Conference Committee Report adopted    98 HCC
House   19990623  Conference powers granted,             98 HCC  Miller
                  appointed Reps. to Committee of                Maddox
                  Conference                                     Altman
Senate  19990623  Conference Committee Report adopted    88 SCC
Senate  19990622  Conference powers granted,             88 SCC  McConnell
                  appointed Senators to Committee                Ford
                  of Conference                                  Rankin
Senate  19990622  Insists upon amendment
House   19990622  Non-concurrence in Senate amendment
House   19990622  Debate adjourned on Senate amendment
Senate  19990603  Amended, read third time, 
                  returned to House with amendment
Senate  19990601  Read second time, notice of
                  general amendments
Senate  19990601  Recalled from Committee                11 SJ
Senate  19990504  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990429  Read third time, sent to Senate
House   19990428  Amended, read second time
House   19990427  Committee report: Favorable with       25 HJ
                  amendment
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19990106  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
Revised on April 27, 1999 - Word format
Revised on April 28, 1999 - Word format
Revised on June 1, 1999 - Word format
Revised on June 3, 1999 - Word format
Revised on June 23, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A111, R190, H3218)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY REQUIREMENTS OF STATE TAX RETURNS, SO AS TO EXTEND THIS REQUIREMENT TO THE ADMISSIONS LICENSE TAX.

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

Confidentiality of returns

SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-120. (A) Except in accordance with a proper judicial order or as otherwise provided by law, it is unlawful for an officer or employee of a county or municipality, or the agent of such an officer or employee to divulge or make known in any manner the information provided by a taxpayer included in a report, tax return, or application required to be filed by the taxpayer with that county or municipality, pursuant to a county or municipal ordinance imposing a:

(1) tax authorized under Article 5 or Article 7 of this chapter;

(2) business license tax authorized under Section 4-9-30(12) or Section 5-7-30;

(3) fee the measure of which is (a) gross proceeds of sales of goods or services, or (b) paid admissions to a place of amusement.

(B) Nothing in this section prohibits the:

(1) publication of statistics classified to prevent the identification of particular reports, returns, or applications and the information on them; and

(2) inspection of reports, returns, or applications and the information included on them by an officer or employee of the county or municipality or an agent retained by an officer or employee in connection with audits of the taxpayer, appeals by the taxpayer, and collection efforts in connection with the tax or fee which is the subject of the return, report, or application.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. In addition, if the person convicted is an officer or employee of the county or municipality, the offender is dismissed from the office or position held and is disqualified from holding a public office in this State for five years following the conviction."

Confidentiality of returns

SECTION 2. Section 12-54-240(A) of the 1976 Code, as last amended by Act 76 of 1995, is further amended to read:

"(A) Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for a person to divulge or make known in any manner any particulars set forth or disclosed in any report or return required under Chapters 6, 8, 11, 13, 16, 20, or 36 or Article 17 of Chapter 21 of this title. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. If the offender is an officer or an employee of the State, he must be dismissed from office and is disqualified from holding any public office in this State for a period of five years thereafter. If the offender is an officer or employee of a company retained by the State on an independent contract basis under subsection (B)(3) of this section or Section 12-4-350, the contract is immediately terminated and the company is not eligible to contract with the State for this purpose for a period of five years thereafter."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.

__________


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