South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

A50, R70, S440

STATUS INFORMATION

General Bill
Sponsors: Senators Talley and Reese
Document Path: l:\s-res\sft\015reha.sp.sft.docx
Companion/Similar bill(s): 3682

Introduced in the Senate on January 29, 2019
Introduced in the House on March 20, 2019
Last Amended on May 8, 2019
Passed by the General Assembly on May 9, 2019
Governor's Action: May 16, 2019, Signed

Summary: SC Textiles Communities Revitalization Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/29/2019  Senate  Introduced and read first time (Senate Journal-page 5)
   1/29/2019  Senate  Referred to Committee on Finance (Senate Journal-page 5)
   3/12/2019  Senate  Committee report: Favorable with amendment Finance 
                        (Senate Journal-page 47)
   3/13/2019          Scrivener's error corrected
   3/14/2019  Senate  Committee Amendment Adopted (Senate Journal-page 27)
   3/14/2019  Senate  Read second time (Senate Journal-page 27)
   3/14/2019  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 27)
   3/19/2019  Senate  Read third time and sent to House 
                        (Senate Journal-page 12)
   3/20/2019  House   Introduced and read first time (House Journal-page 10)
   3/20/2019  House   Referred to Committee on Ways and Means 
                        (House Journal-page 10)
    5/2/2019  House   Committee report: Favorable Ways and Means 
                        (House Journal-page 12)
    5/8/2019  House   Amended (House Journal-page 120)
    5/8/2019  House   Read second time (House Journal-page 120)
    5/8/2019  House   Roll call Yeas-103  Nays-0 (House Journal-page 121)
    5/9/2019          Scrivener's error corrected
    5/9/2019  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 130)
    5/9/2019  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 106)
   5/13/2019          Ratified R  70
   5/16/2019          Signed By Governor
   5/31/2019          Effective date  See Act for Effective Date
    6/5/2019          Act No.  50

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/29/2019
3/12/2019
3/13/2019
3/14/2019
5/2/2019
5/8/2019
5/9/2019

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

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(A50, R70, S440)

AN ACT TO AMEND SECTION 12-65-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO PROVIDE THAT A CERTAIN CAP ON REHABILITATION EXPENSES ONLY APPLIES TO CERTAIN REHABILITATED BUILDINGS ON CONTIGUOUS PARCELS; AND BY ADDING SECTION 12-67-170 SO AS TO PROVIDE FOR AN EXTENSION OF THE PLACED IN SERVICE DATE FOR A REHABILITATED ABANDONED BUILDING UNDER CERTAIN CIRCUMSTANCES.

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

South Carolina Textiles Communities Revitalization Act definitions

SECTION    1.    Section 12-65-20(4) and (8) of the 1976 Code, as last amended by Act 265 of 2018, is further amended to read:

"(4)(a)    'Textile mill site' means the textile mill together with the land and other improvements on it which were used directly for textile manufacturing operations or ancillary uses. However, the area of the site is limited to the land located within the boundaries where the textile manufacturing, dying, or finishing facility structure is located and does not include land located outside the boundaries of the structure or devoted to ancillary uses.

(b)    Notwithstanding the provisions of item (4)(a), with respect to (i) any site acquired by a taxpayer before January 1, 2008, (ii) a site located on the Catawba River near Interstate 77, or (iii) a site which, on the date the notice of intent to rehabilitate is filed, is located in a distressed area of a county in this State, as designated by the applicable council of government, 'textile mill site' means the textile mill structure, together with all land and improvements which were used directly for textile manufacturing operations or ancillary uses, or were located on the same parcel or a contiguous parcel within one thousand feet of any textile mill structure or ancillary uses. For purposes of this subitem, 'contiguous parcel' means any separate tax parcel sharing a common boundary with an adjacent parcel or separated only by a private or public road.

(8)(a)    'Rehabilitation expenses' means the expenses or capital expenditures incurred in the rehabilitation, renovation, or redevelopment of the textile mill site, including without limitations, the demolition of existing buildings, environmental remediation, site improvements and the construction of new buildings and other improvements on the textile mill site, but excluding the cost of acquiring the textile mill site or the cost of personal property located at the textile mill site. For expenses associated with a textile mill site to qualify for the credit, the textile mill and buildings on the textile mill site must be either renovated or demolished.

(b)    Notwithstanding subitem (a), for the purpose of calculating the credit with regard to new or rehabilitated buildings on 'contiguous parcels' pursuant to item (4)(b), 'rehabilitation expenses' do not include expenses that increase the amount of square footage of the buildings that existed on that contiguous parcel immediately preceding the time at which the textile mill became abandoned by more than two hundred percent."

Placed in service date extension for rehabilitated abandoned buildings

SECTION    2.    A.        Notwithstanding Section 1 of Act 265 of 2018, and Section 1.B. of Act 57 of 2013, upon the repeal of Chapter 67, Title 12 of the 1976 Code, any carryforward credits shall continue to be allowed until the five or eight year time period in Section 12-67-140 is completed.

B.    Chapter 67, Title 12 of the 1976 Code is amended by adding:

"Section 12-67-170.    Notwithstanding any other provision of this chapter, if a taxpayer files a notice of intent to rehabilitate and has been rehabilitating an abandoned building continuously for the preceding year and is more than sixty percent complete, then the taxpayer must be allowed to extend the placed in service date until ninety days after completion of construction, provided construction continues diligently until that date. Nothing in this section may be construed to allow a taxpayer to earn a credit allowed by this chapter before the applicable phase or portion of the building site is placed in service."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and first applies to tax years beginning after 2017.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.

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This web page was last updated on June 5, 2019 at 1:42 PM