View Amendment Current Amendment: 3 to Bill 36 Reps. BINGHAM, TOOLE, HUGGINS, BALLENTINE, SPIRES, ATWATER, QUINN, FRYE, HARRELL, COOPER, OTT, RUTHERFORD, SELLERS, J.E. SMITH propose the following Amendment No. 3 to S. 36 (COUNCIL\BBM\10259HTC11):

Reference is to Printer's Date 5/12/11-H.

Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:

/ SECTION      __.      Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:

     "Section 12-36-2691.      (A)      Notwithstanding another provision of this chapter, owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish nexus with South Carolina for sales and use tax purposes.
     (B)(1)      For purposes of this section, 'Distribution facility' means an establishment where only shipments of tangible personal property are processed for delivery to customers and no retail sales are made. The definition of 'distribution facility' provided in Section 12-6-3360(M)(8) for purposes of the targeted jobs tax credit and its provisions allowing limited retail sales at such a facility specifically do not apply with respect to a 'distribution facility' as defined for purposes of this section.
     (C)      This section only applies to a taxpayer that:
           (1)      places a distribution facility in service after December 31, 2010, and before December 31, 2013;
           (2)      makes, or causes to be made through a third party, a capital investment of at least one hundred twenty-five million dollars after December 31, 2010, and before December 31, 2013;
           (3)      creates at least two thousand full-time jobs which include a comprehensive health plan for those employees, after December 31, 2010, and before December 31, 2013. For purposes of this item, 'full-time' and 'new job' have the same meaning as provided in Section 12-6-3360; and
           (4)      after meeting the requirements of item (3), maintains at least one thousand jobs until January 1, 2016.
     (D)      This section no longer applies on the earlier of:
           (1)      January 1, 2016;
           (2)      when the company fails to meet the requirements provided in subsection (C) of this section; or
           (3)      the effective date of a law enacted by the United States Congress that allows a state to require that its sales tax be collected and remitted even if the taxpayer does not have substantial nexus with that state." /

Renumber sections to conform.
Amend title to conform.