South Carolina General Assembly
118th Session, 2009-2010

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A280, R302, S717

STATUS INFORMATION

General Bill
Sponsors: Senators Coleman, Setzler, Land, Campbell and Hayes
Document Path: l:\council\bills\bbm\9332htc09.docx

Introduced in the Senate on April 15, 2009
Introduced in the House on February 16, 2010
Last Amended on May 26, 2010
Passed by the General Assembly on June 1, 2010
Governor's Action: June 11, 2010, Vetoed
Legislative veto action(s): Veto overridden

Summary: Sales and use tax exemptions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/15/2009  Senate  Introduced and read first time SJ-5
   4/15/2009  Senate  Referred to Committee on Finance SJ-5
    2/3/2010  Senate  Committee report: Favorable Finance SJ-31
    2/4/2010          Scrivener's error corrected
    2/4/2010  Senate  Read second time SJ-8
    2/9/2010  Senate  Read third time and sent to House SJ-17
   2/16/2010  House   Introduced and read first time HJ-8
   2/16/2010  House   Referred to Committee on Ways and Means HJ-8
   5/20/2010  House   Recalled from Committee on Ways and Means HJ-30
   5/25/2010  House   Debate adjourned until Wednesday, May 26, 2010 HJ-46
   5/26/2010  House   Amended HJ-19
   5/26/2010  House   Read second time HJ-19
   5/26/2010  House   Roll call Yeas-91  Nays-0 HJ-19
   5/27/2010  House   Read third time and returned to Senate with amendments 
                        HJ-33
    6/1/2010  Senate  Concurred in House amendment and enrolled SJ-148
    6/7/2010          Ratified R 302
   6/11/2010          Vetoed by Governor
   6/16/2010  Senate  Veto overridden by originating body Yeas-33  Nays-10 
                        SJ-31
   6/16/2010  House   Veto overridden Yeas-103  Nays-1 HJ-417
   7/13/2010          Effective date 06/16/10
   7/14/2010          Act No. 280

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/15/2009
2/3/2010
2/4/2010
5/20/2010
5/26/2010

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

(A280, R302, S717)

AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT MACHINERY, EQUIPMENT, BUILDING AND OTHER RAW MATERIALS, AND ELECTRICITY USED BY A FACILITY OWNED BY A TAX EXEMPT ORGANIZATION INVESTING AT LEAST TWENTY MILLION DOLLARS OVER THREE YEARS IN THE FACILITY WHEN THAT FACILITY IS USED PRINCIPALLY FOR RESEARCHING AND TESTING THE IMPACT OF NATURAL HAZARDS SUCH AS WIND, FIRE, EARTHQUAKE, AND HAIL ON BUILDING MATERIALS USED IN RESIDENTIAL, COMMERCIAL, AND AGRICULTURAL BUILDINGS.

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

Sales tax exemption, certain research and testing equipment

SECTION    1.    Section 12-36-2120 of the 1976 Code, as last amended by Act 124 of 2009, is further amended by adding a new item at the end appropriately numbered to read:

"( )    machinery and equipment, building and other raw materials, and electricity used in the operation of a facility owned by an organization which qualifies as a tax exempt organization pursuant to the Internal Revenue Code Section 501(c)(3) when the facility is principally used for researching and testing the impact of such natural hazards as wind, fire, water, earthquake, and hail on building materials used in residential, commercial, and agricultural buildings. To qualify for this exemption, the taxpayer shall notify the department of its intent to qualify and shall invest at least twenty million dollars in real or personal property at a single site in this State over the three-year period beginning on the date provided by the taxpayer to the department in its notices. After the taxpayer notifies the department of its intent to qualify and use the exemption, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes. Within six months of the third anniversary of the taxpayer's first use of the exemption, the taxpayer shall notify the department in writing that it has met the twenty million dollar investment requirement or, that it has not met the twenty million dollar investment requirement. The department may assess any tax due on the machinery and equipment purchased tax free pursuant to this item but due the State as a result of the taxpayer's failure to meet the twenty million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the twenty million dollar investment requirement."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2010.

Vetoed by the Governor -- 6/11/2010.

Veto overridden by Senate -- 6/16/2010.

Veto overridden by House -- 6/16/2010.

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This web page was last updated on Friday, August 16, 2013 at 1:56 P.M.