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656Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010501Primary Sponsor: O'DellAll Sponsors: O'Dell, Ford and McGillDrafted Document Number: l:\council\bills\bbm\10245htc01.docResiding Body: SenateCurrent Committee: Finance Committee 06 SFSubject: Electric power license tax; imposition of extended, certain exemption deleted; Electricity, Public utilities, TaxationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010501 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTIONS 12-23-10 AND 12-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ELECTRIC POWER LICENSE TAX AND EXEMPTIONS FROM THIS TAX, SO AS TO EXTEND THE IMPOSITION OF THE TAX TO ELECTRIC POWER SOLD FOR RESALE AND SOLD TO ULTIMATE USERS RATHER THAN ELECTRIC POWER SOLD FOR RESALE OR TO THE ULTIMATE USER IN THIS STATE, AND TO DELETE THE EXEMPTION FROM THE TAX OF ELECTRIC POWER GENERATED IN PLANTS CONSTRUCTED AFTER MAY 1, 1951 AND EXPORTED TO ANOTHER STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-23-10 of the 1976 Code is amended to read:
"Section 12-23-10. In addition to all other taxes of every kind imposed by law:
(1) every person, except the State, a county, a municipality, or an agency or political subdivision of it, engaged in the business of selling electric power for resale
within the State is subject to the payment of an excise, license, or privilege tax of five-tenths of one mill upon each kilowatt hour of electric power sold for resale within the State, except upon such electric power purchased from a vendor, however remote, previously taxed under this subsection. Sales for resale of an electric cooperative to a customer whose sales are taxed under subsection (2) must not be taxed under this subsection; and
(2) except a municipality, every public utility and electric cooperative engaged in the business of selling electric power within the State to the ultimate user of the power is subject to the payment of an excise, license, or privilege tax of five-tenths of one mill upon each kilowatt hour sold
within the State to the ultimate user, except such electric power purchased from vendors, however remote, taxed under subsection (1)."
SECTION 2. Section 12-23-20(2) of the 1976 Code is amended to read:
Electric power or energy generated in the State by plants constructed after May 1, 1951 and exported to another state;"
SECTION 3. This act takes effect July 1, 2001.
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