by adding section 12 36 2140 so as to sunset state sales and use tax exemptions every three years beginning

							                                  South Carolina General Assembly
                                      115th Session, 2003-2004

S. 795

STATUS INFORMATION

General Bill
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


VERSIONS OF THIS BILL

12/16/2003
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 9                               A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING SECTION 12-36-2140 SO AS TO
13   “SUNSET” STATE SALES AND USE TAX EXEMPTIONS
14   EVERY THREE YEARS BEGINNING IN 2005 AND TO
15   PROVIDE THAT EXEMPTIONS MAY BE REINSTATED
16   ONLY BY MEANS OF A JOINT RESOLUTION ENACTED BY
17   THE GENERAL ASSEMBLY WHICH BY ITS TERMS
18   SPECIFICALLY REINSTATES EXEMPTIONS, TO REQUIRE
19   ADDITIONALLY THAT FOR REINSTATEMENT OF A
20   SPECIFIC EXEMPTION IT’S REINSTATEMENT MUST
21   RECEIVE A SEPARATE AFFIRMATIVE RECORDED
22   TWO-THIRDS VOTE IN EACH HOUSE OF THE GENERAL
23   ASSEMBLY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE
24   FOR NOTICE OF DELETED AND REINSTATED
25   EXEMPTIONS.
26
27   Be it enacted by the General Assembly of the State of South
28   Carolina:
29
30   SECTION 1. Article 21, Chapter 36, Title 12 of the 1976 Code is
31   amended by adding:
32
33      “Section 12-36-2140. State sales and use exemptions allowed
34   pursuant to Sections 12-36-2120 and 12-36-2130 as of June 30,
35   2005, and every three years thereafter, are deemed deleted
36   effective the succeeding July first unless the exemptions are
37   reinstated by means of a joint resolution enacted by the General
38   Assembly solely for that purpose before July first of the applicable
39   year which by its terms specifically and individually reinstates the
40   exemptions otherwise scheduled for deletion. Additionally, no
41   reinstatement of a specific exemption occurs unless its
42   reinstatement contained in the joint resolution receives an

     [795]                            1
 1   affirmative recorded vote of at least two-thirds of the members
 2   present and voting in each house of the General Assembly. The
 3   provisions of this section do not apply to any exemptions arising
 4   under the laws or Constitution of the United States. The Code
 5   Commissioner shall certify to the Director of the Department of
 6   Revenue those exemptions determined to be reinstated and cause
 7   the printing of the affected code sections in the annual cumulative
 8   supplement to reflect those exemptions deleted and reinstated
 9   pursuant to this section.”
10
11   SECTION 2. This act takes effect upon approval by the Governor.
12                            ----XX----
13




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