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Current Status Bill Number:View additional legislative information at the LPITS web site.910 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020122 Primary Sponsor:Richardson All Sponsors:Richardson Drafted Document Number:l:\council\bills\bbm\10640htc02.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Gasoline tax increased; portion of gas tax no longer credited to Water Recreational Resources Fund History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020122 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTIONS 12-28-310 AND 56-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE GASOLINE AND OTHER MOTOR FUELS TAX AND THE ROAD TAX ON MOTOR CARRIERS, SO AS TO INCREASE THESE TAXES FROM SIXTEEN TO TWENTY-ONE CENTS A GALLON AND TO PROVIDE FOR FURTHER INCREASES IN THESE TAXES BASED ON INCREASES IN THE CONSUMER PRICE INDEX, AND TO REPEAL SECTIONS 12-28-2730 AND 12-28-2910, RELATING TO THE CREDITING OF A PORTION OF MOTOR FUEL TAX REVENUES TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND AND THE ECONOMIC DEVELOPMENT ACCOUNT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-28-310 of the 1976 Code is amended to read:
"Section 12-28-310. (A) Subject to the exemptions provided in this chapter, a tax of sixteen twenty-one cents a gallon is imposed on all gasoline used or consumed in this State and upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles. The tax levied on taxable motor fuel pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the tax. This section does not affect the method of collecting the tax as provided in this chapter. The tax imposed by this section must be collected and paid at those times, in the manner, and by those persons specified in this chapter. The license tax imposed by this section shall be is in lieu of all sales, use, or other excise tax which may otherwise be imposed by any municipality, county, or other local political subdivision of the State.
(B) Effective December 15, 2003, and each December fifteenth thereafter, the department shall cumulatively adjust the amount of the tax imposed pursuant to subsection (A) of this section in the same manner that federal income tax brackets are adjusted in Internal Revenue Code Section (1)(f), as that code is defined in Section 12-6-40(A). However, the rounding amount provided in Section (1)(f)(6) is deemed to be one cent. The amount of the tax, as adjusted, applies beginning the next January first."
SECTION 2. Section 56-11-410 of the 1976 Code, as added by Act 459 of 1996, is amended to read:
"Section 56-11-410. (A) A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteen twenty-one cents a gallon, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law.
(B) The amount of the tax provided in subsection (A) of this section must be adjusted as provided in Section 12-28-310(B). The amount of the tax, as adjusted, applies beginning the next January first."
SECTION 3. Sections 12-28-2730 and 12-28-2910 of the 1976 Code are repealed.
SECTION 4. This act takes effect July 1, 2002.
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