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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Richardson and Short
Document Path: l:\council\bills\ggs\22363htc04.doc
Companion/Similar bill(s): 4554
Introduced in the Senate on January 13, 2004
Currently residing in the Senate Committee on Finance
Summary: State sales and use tax exemptions, "sunset" and reinstatement provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/16/2003 Senate Prefiled 12/16/2003 Senate Referred to Committee on Finance 1/13/2004 Senate Introduced and read first time SJ-25 1/13/2004 Senate Referred to Committee on Finance SJ-25
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2140 SO AS TO "SUNSET" STATE SALES AND USE TAX EXEMPTIONS EVERY THREE YEARS BEGINNING IN 2005 AND TO PROVIDE THAT EXEMPTIONS MAY BE REINSTATED ONLY BY MEANS OF A JOINT RESOLUTION ENACTED BY THE GENERAL ASSEMBLY WHICH BY ITS TERMS SPECIFICALLY REINSTATES EXEMPTIONS, TO REQUIRE ADDITIONALLY THAT FOR REINSTATEMENT OF A SPECIFIC EXEMPTION IT'S REINSTATEMENT MUST RECEIVE A SEPARATE AFFIRMATIVE RECORDED TWO-THIRDS VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR NOTICE OF DELETED AND REINSTATED EXEMPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2140. State sales and use exemptions allowed pursuant to Sections 12-36-2120 and 12-36-2130 as of June 30, 2005, and every three years thereafter, are deemed deleted effective the succeeding July first unless the exemptions are reinstated by means of a joint resolution enacted by the General Assembly solely for that purpose before July first of the applicable year which by its terms specifically and individually reinstates the exemptions otherwise scheduled for deletion. Additionally, no reinstatement of a specific exemption occurs unless its reinstatement contained in the joint resolution receives an affirmative recorded vote of at least two-thirds of the members present and voting in each house of the General Assembly. The provisions of this section do not apply to any exemptions arising under the laws or Constitution of the United States. The Code Commissioner shall certify to the Director of the Department of Revenue those exemptions determined to be reinstated and cause the printing of the affected code sections in the annual cumulative supplement to reflect those exemptions deleted and reinstated pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.
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