South Carolina General Assembly
109th Session, 1991-1992

Bill 3773


                    Current Status

Introducing Body:               House
Bill Number:                    3773
Ratification Number:            176
Act Number:                     110
Primary Sponsor:                Baker
Type of Legislation:            GB
Subject:                        Sales tax exemption on research
                                machinery
Companion Bill Number:          841
Date Bill Passed both Bodies:   May 17, 1991
Computer Document Number:       CYY/18443.SD
Governor's Action:              S
Date of Governor's Action:      May 30, 1991
Introduced Date:                Apr 04, 1991
Last History Body:              ------
Last History Date:              May 30, 1991
Last History Type:              Act No. 110
Scope of Legislation:           Statewide
All Sponsors:                   Baker
                                Sharpe
                                Kirsh
                                Nettles
                                Keesley
                                Baxley
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3773  ------  May 30, 1991  Act No. 110
 3773  ------  May 30, 1991  Signed by Governor
 3773  ------  May 27, 1991  Ratified R 176
 3773  Senate  May 17, 1991  Read third time, enrolled for
                             ratification
 3773  Senate  May 16, 1991  Read second time, unanimous
                             consent for third reading on
                             Friday, May 17
 3773  Senate  May 16, 1991  Recalled from Committee         06
 3773  Senate  May 09, 1991  Introduced, read first time,    06
                             referred to Committee
 3773  House   May 09, 1991  Read third time, sent to
                             Senate
 3773  House   May 08, 1991  Read second time
 3773  House   Apr 25, 1991  Committee Report: Favorable     30
 3773  House   Apr 04, 1991  Introduced, read first time,    30
                             referred to Committee

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

(A110, R176, H3773)

AN ACT TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.

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

Sales tax exemption made permanent

SECTION 1. Section 1 of Joint Resolution 550 of 1986 is amended to read:

"Section 1. The maximum tax levied pursuant to Chapter 36 of Title 12 of the 1976 Code on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this section, `machinery for research and development' means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this section, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this section. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."

Property tax ememption made permanent

SECTION 2. Section 2 of Joint Resolution 550 of 1986 is amended to read:

"Section 2. The facilities of all new enterprises engaged in research and development activities located in any of the counties of this State, and all additions valued at fifty thousand dollars or more to existing facilities of enterprises engaged in research and development are exempt from ad valorem taxation in the same manner and to the same extent as the exemption allowed pursuant to item (7) of subsection A of Section 12-37-220 of the 1976 Code. For purposes of this section, facilities of enterprises engaged in research and development activities are facilities devoted directly and exclusively to research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the exemption allowed by this section, the facility must be a separate facility devoted exclusively to research and development as defined in this section. The exemption does not include facilities used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."

Code section designation

SECTION 3. (A) Section 1 of Joint Resolution 550 of 1986, as amended by this act, is designated as subsection (D) of Section 12-36-2110 of the 1976 Code on the effective date of this act.

(B) Section 2 of Joint Resolution 550 of 1986, as amended by this act, is designated as item (34) of subsection B. of Section 12-37-220 of the 1976 Code on the effective date of this act.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 30th day of May, 1991.