South Carolina General Assembly
117th Session, 2007-2008

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A338, R356, S1143

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy
Document Path: l:\s-jud\bills\mcconnell\jud0052.nvc.doc
Companion/Similar bill(s): 4761

Introduced in the Senate on February 21, 2008
Introduced in the House on April 30, 2008
Last Amended on May 29, 2008
Passed by the General Assembly on June 4, 2008
Governor's Action: June 11, 2008, Vetoed
Legislative veto action(s): Veto overridden

Summary: Sales tax exemptions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/21/2008  Senate  Introduced and read first time SJ-56
   2/21/2008  Senate  Referred to Committee on Finance SJ-56
   4/23/2008  Senate  Committee report: Favorable with amendment Finance SJ-21
   4/24/2008  Senate  Committee Amendment Adopted SJ-82
   4/24/2008  Senate  Read second time SJ-82
   4/29/2008  Senate  Read third time and sent to House SJ-55
   4/30/2008  House   Introduced and read first time HJ-9
   4/30/2008  House   Referred to Committee on Ways and Means HJ-9
   5/15/2008  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-10
   5/21/2008  House   Amended HJ-30
   5/21/2008  House   Read second time HJ-32
   5/21/2008  House   Roll call Yeas-109  Nays-0 HJ-32
   5/22/2008  House   Read third time and returned to Senate with amendments 
                        HJ-10
   5/28/2008  Senate  House amendment amended SJ-112
   5/28/2008  Senate  Returned to House with amendments SJ-112
   5/29/2008  Senate  Return requested from House
   5/29/2008  Senate  House amendment amended
   5/29/2008  Senate  Returned to House with amendments
   5/29/2008  House   Debate adjourned on Senate amendments until Tuesday, 
                        June 3, 2008 HJ-58
   5/29/2008          Scrivener's error corrected
    6/3/2008  House   Debate adjourned on Senate amendments until Wednesday, 
                        June 4, 2008 HJ-160
    6/4/2008  House   Concurred in Senate amendment and enrolled HJ-99
    6/4/2008  House   Roll call Yeas-99  Nays-10 HJ-101
    6/5/2008          Ratified R 356
   6/11/2008          Vetoed by Governor
   6/25/2008  Senate  Veto overridden by originating body Yeas-35  Nays-8
   6/25/2008  House   Veto overridden Yeas-92  Nays-9
   6/30/2008          Copies available
   6/30/2008          Effective date See Act for Effective Date
   7/11/2008          Act No. 338

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/21/2008
4/23/2008
4/24/2008
5/15/2008
5/21/2008
5/28/2008
5/29/2008
5/29/2008-A


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

(A338, R356, S1143)

AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM.

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

Sales tax exemption

SECTION    1.    Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding an appropriately numbered item at the end to read:

"( )    Energy efficient products purchased for noncommercial home or personal use with a sales price of two thousand five hundred dollars per product or less.

(a)    For the purposes of this exemption, an 'energy efficient product' is any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy-saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program, and gas, oil, or propane water heaters with an energy factor of 0.80 or greater and electric water heaters with an energy factor of 2.0 or greater.

(b)    This exemption shall not apply to purchases of energy efficient products purchased for trade, business, or resale.

(c)    The exemption provided in this item applies only to sales occurring during a period commencing at 12:01 a.m. on October 1, 2009, and concluding at 12:00 midnight on October 31, 2009, (National 'Energy Efficiency Month') and every year thereafter until 2019.

(d)    Each year until 2019, the State Energy Office shall prepare an annual report on the fiscal and energy impacts of the October first through October thirty-first exemption and submit the report to the General Assembly no later than January first of the following year.

(e)    Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that growth then and in any adjusted forecast made before the beginning of the fiscal year equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the exemption allowed by this item shall be allowed for the applicable year. If the February fifteenth forecast or adjusted forecast annual general fund revenue growth for the upcoming fiscal year meets the requirement for the credit, the board promptly shall certify this result in writing to the department."

Sales tax exemption; Second Amendment Recognition Act

SECTION    2.    A.    This section may be cited as the "Second Amendment Recognition Act".

B.        Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new item at the end appropriately numbered to read:

"( )    sales of handguns as defined pursuant to Section 16-23-10(1), rifles, and shotguns during the forty-eight hours of the Second Amendment Weekend. For purposes of this item, the 'Second Amendment Weekend' begins at 12:01 a.m. on the Friday after Thanksgiving and ends at twelve midnight the following Saturday."

C.        This section takes effect July 1, 2008.

Terminal and other requirements

SECTION    3.    Article 3, Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-340.    (A)    Regardless of other products offered, a terminal, as defined in Section 12-28-110(56), located within the State must offer a petroleum product that has not been blended with ethanol and that is suitable for subsequent blending with ethanol.

(B)    A person or entity must not take any action to deny a distributor, as defined in Section 12-28-110(17), or retailer, as defined in Section 12-28-110(52), who is doing business in this State and who has registered with the Internal Revenue Service on Form 637(M) from being the blender of record afforded them by the acceptance by the Internal Revenue Service of Form 637(M).

(C)    A distributor or retailer and a refiner must utilize the Renewable Identification Number (RIN) trading system. Nothing in this section should be construed to imply a market value for RINs."

Time effective

SECTION    4.    Except as otherwise stated, this act takes effect July 1, 2009. Section 3 takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Vetoed by the Governor -- 6/11/08.

Veto overridden by Senate -- 6/25/08.

Veto overridden by House -- 6/25/08.

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This web page was last updated on Monday, October 10, 2011 at 1:31 P.M.