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A151, R102, H3630
Sponsors: Reps. McLeod and Duncan
Document Path: l:\council\bills\ggs\22844htc03.doc
Introduced in the House on February 18, 2003
Introduced in the Senate on February 25, 2003
Passed by the General Assembly on May 7, 2003
Governor's Action: June 2, 2003, Signed
Summary: Newberry School District School Bond-Property Tax Relief Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/18/2003 House Introduced, read first time, placed on calendar without reference HJ-5 2/19/2003 House Read second time HJ-20 2/19/2003 Scrivener's error corrected 2/20/2003 House Read third time and sent to Senate HJ-20 2/25/2003 Senate Intd. & placed on local & uncontested cal. w/o reference SJ-15 5/6/2003 Senate Read second time SJ-14 5/6/2003 Senate Unanimous consent for third reading on next legislative day SJ-14 5/7/2003 Senate Read third time and enrolled SJ-9 5/28/2003 Ratified R 102 6/2/2003 Signed By Governor 6/5/2003 Copies available 6/5/2003 Effective date 06/02/03 10/23/2003 Act No. 151
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A151, R102, H3630)
AN ACT TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Newberry County School District School Bond-Property Tax Relief Act.
SECTION 2. As used in this act:
(A) "Board" means the Newberry County District Board of Education, the governing body of the district.
(B) "County auditor" means the Newberry County Auditor.
(C) "County treasurer" means the Newberry County Treasurer.
(D) "Department" means the South Carolina Department of Revenue.
(E) "District" means the Newberry County School District.
SECTION 3. Subject to the requirements of this act and notwithstanding the limitations provided in Section 4-10-310 of the 1976 Code, the board, by resolution, may impose a sales and use tax not exceeding one percent, the amount to be determined by the board, within Newberry County for a specific purpose and for a specified period of time to collect revenues to be used to pay debt service on general obligation bonds issued pursuant to Article 1 of Chapter 71, Title 59 of the 1976 Code, the School Bond Act, or to pay directly costs of acquisition or construction of any of the improvements identified in the resolution providing for the imposition of the tax.
SECTION 4. (A)(1) The board, by resolution, may vote to impose the tax authorized by this act, but in no event may the tax be levied unless the voters approve the question presented in the referendum. The resolution must specify:
(a) the improvements to be financed through the issuance of general obligation bonds of the school district together with the imposition of the tax;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed thirty years, for which the tax may be imposed; and
(c) the maximum principal amount of general obligation bonds to be issued and repaid with proceeds of the tax.
(2) The findings provided in item (a) may be incorporated within a resolution of the board calling for a referendum upon the question of the issuance of general obligation bonds pursuant to Article 1 of Chapter 71, Title 59 of the 1976 Code, if the proposed tax is to be applied to payment of debt service upon the bonds.
(B) Upon the receipt of the resolution, the Newberry County Election Commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the county. Notice of the election must be provided in the manner provided by the general election law except that the first notice may not be later than thirty-five days before the election and the second notice must not be later than two weeks after the first notice. The notice must include the question to be voted upon or the question must be set forth in a notice of referendum under the School Bond Act. In addition, if the question of the issuance of general obligation bonds also is to be voted upon in the referendum, publication of notice of the referendum also must be given in compliance with Article 1 of Chapter 71, Title 59 of the 1976 Code. Expenses of the referendum must be paid by the school district.
(C) The question to be voted upon in the referendum must read substantially as follows:
"Shall a special sales and use tax not exceeding one percent be imposed in Newberry County for not more than thirty years in order to raise revenues which will be applied to pay directly the cost of or to pay debt service on general obligation bonds issued to defray the cost of (identify improvements) for the Newberry County School District?
The ballot may, in the discretion of the board, contain a short explanation of the question to be voted upon in this referendum.
(D) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote "yes" and all qualified electors opposed to levying the tax for the particular purpose shall vote "no". Upon receipt of the returns of the referendum, the election commission shall certify the results and file the certification with the Newberry County Clerk of Court. The certification also must be filed with the department. The certified result of the referendum is not open to question except by a civil action instituted within twenty days of the filing of the certificate with the clerk of court. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise, the tax is not imposed. A referendum on imposition of the tax authorized in this act may not be held more than once in a period of twelve consecutive months.
Imposition and termination date
SECTION 5. (A) If the tax is approved in the referendum, the tax must be imposed beginning upon the first day of the third full month following the filing of the declaration of results of the referendum with the department.
(B) The tax terminates:
(1) on the final day of the maximum time specified for the imposition; or
(2) earlier, but not if later, upon payment of the final maturing installments of principal of the general obligation bonds to which application of the tax is authorized, or upon payment of the final maturing installments of principal of general obligation bonds issued to refund the bonds.
(C) When the optional sales and use tax is imposed for more than one purpose, the board shall determine the priority for the expenditure of the net proceeds of the tax for the purposes stated in the referendum.
Administration of tax
SECTION 6. (A) The tax levied pursuant to this act must be administered and collected by the department in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(B) The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in Newberry County which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code, and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code, are exempt from the tax imposed by this act. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code, shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code, who owns or manages rental units in more than one county, shall separately report in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this act in Newberry County, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this act if a verified copy of the contract is filed with the department within six months after the imposition of the special local sales and use tax.
(G) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Uses of revenue
SECTION 7. (A) The revenues of the tax collected in the county under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the department of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer, who shall hold the debt service funds for payment of principal and interest on the bonds to which the tax is applicable. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(B) The county treasurer shall certify to the auditor of the county on July fifteenth of each calendar year as to the amount of tax revenues of the tax authorized by this act held by him as of June thirtieth of the calendar year. The county auditor shall reduce the next levy of ad valorem property taxes required to pay debt service on the bonds to which the tax is applicable by the amount of tax revenues certified as collected as of June thirtieth by the county treasurer. Tax revenues collected as of June thirtieth of a calendar year in excess of the amounts required to pay debt service due in the eighteen months following June thirtieth on bonds to which the tax is applicable may be applied either to the payment or reimbursement to the district for the payment of costs of the improvements described in the referendum or, if such improvements have been completed, these tax revenues must be applied to the redemption of the bonds authorized by the referendum on the next practicable redemption date.
(C) If the district presents the county treasurer with a surety bond or letter of credit from a financial institution which is rated in one of the two highest rating categories by two national ratings agencies, the county treasurer may treat the amount available under the surety as if it were tax revenues held by the county treasurer and shall provide the certificate called for in subsection (B) to the auditor by including the amount available under the surety or letter of credit if the amount is not in excess of ninety percent of the actual taxes collected during the prior year. The county auditor shall reduce the next levy of ad valorem property taxes required to pay debt service on bonds to which the tax is applicable by the amount so certified by the county treasurer. If the taxes collected are less than the amount required, the county treasurer shall draw upon the surety to provide for timely payment of debt service on the bonds. The costs of this surety may be paid from amounts available in the fund created in accordance with subsection (A) of this section and any reimbursement to the surety may be paid from the fund from taxes collected in the year after any draw.
(D) Before the issuance of any general obligation bonds payable from tax authorized by this act, any revenues may be applied directly to the costs of the improvements approved in the referendum provided for in Section 4 of this act.
Data for calculations
SECTION 8. The department shall furnish data to the State Treasurer and to the district for the purpose of calculating distributions and estimating revenues. The information which must be supplied to the district upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this act is subject to the penalties provided in Section 12-54-240 of the 1976 Code.
SECTION 9. This act takes effect upon approval by the Governor.
Ratified the 28th day of May, 2003.
Approved the 2nd day of June, 2003.
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