Printed Page 1050, Mar. 12
| Printed Page 1070, Mar. 12
|
Printed Page 1050, Mar. 12
| Printed Page 1070, Mar. 12
| /The provisions of this subsection do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993./
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
Senator WILSON argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Drummond Ford Glover Land McGill Patterson Rankin Short Smith, G. Smith, J.V. Washington
Alexander Boan Bryan Courson Fair Giese Gregory Hayes Lander Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Reese *Richter *Rose Russell Ryberg Setzler Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by the leave of the Senate, with unanimous consent.
Amendment No. 38-P3A was not adopted.
Senator McCONNELL proposed the following Amendment No. 38-P5 (3901R107.GFM), which was adopted:
Amend the amendment bearing DOC. NO. 3901R099.TLM, as and if amended, by adding the following appropriately numbered new PART:
/
SECTION 1. Notwithstanding any other provision of law to the contrary, no entity may expend or authorize the expenditure of public or other non-private funds, either directly or indirectly, to influence or attempt to influence the outcome of a referendum question established in this act if the members or employees of that entity receive benefits in whole or in part that are available under state law to state employees, such as health, dental, or life insurance benefits or who are eligible to establish or earn service in any of the state retirement systems.
SECTION 2. This Part takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Glover Hayes McGill Patterson Smith, G. Washington
Alexander Boan Cork Courson Courtney Elliott Fair Giese Gregory Land Lander Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese *Richter *Rose Russell
Ryberg Setzler Short Smith, J.V. Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by the leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Amendment No. 38-P5 was adopted.
Senator CORK proposed the following Amendment No. 38-P6 (3901R115.HAC), which was adopted:
Amend the amendment bearing DOC. NO. 3901r099.tlm, as and if amended, page 15, between SECTION 4 and SECTION 5, by adding a new SECTION to read:
/SECTION 5. Section 132B, Part II of Act 497 of 1994 is amended to read:
"132B. The provisions of Section 6-1-70 of the 1976 Code do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993, if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996, in each county or municipality which imposed the fee on or before August 1, 1993, vote in favor of the continued imposition of the fee. The question on the ballot shall read substantially as follows:
`Shall the real estate transfer fee continue to be imposed in the of ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'./
Amend the amendment further, as and if amended, page 12, subsection (F), by adding a sentence at the end to read:
`Shall the real estate transfer fee continue to be imposed in the of ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'.'/
Amend the amendment further, as and if amended, page 15, subsection (F), by adding a sentence at the end to read:
/The provisions of this subsection do not apply in the case of any municipal real estate transfer tax or fee imposed on or before August 1, 1993, if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996, in each municipality which imposed the fee on or before August 1, 1993, vote in favor of the continued imposition of the fee. The question on the ballot shall read substantially as follows:
`Shall the real estate transfer fee continue to be imposed in the of ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'.'/
Amend the amendment further, as and if amended, page 16, SECTION 6, by adding a sentence at the end to read:
/However, the provisions of this PART relating to a referendum on the continued imposition of a real estate transfer fee take effect January 1, 1997, but apply only in counties or municipalities in which the entity authorized to hold elections has certified a majority "yes" vote in the referendum on the contined imposition of a real estate transfer fee./
Renumber sections to conform.
Amend title to conform.
Senator WILSON argued contra to the adoption of the amendment.
Senator WASHINGTON argued in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Bryan Cork Courson Courtney Drummond Fair Ford Glover Gregory Hayes Land Lander Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese *Richter *Rose Russell Short Smith, G. Smith, J.V. Waldrep Washington
Alexander Elliott Ryberg Setzler Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by the leave of the Senate, with unanimous consent.
Amendment No. 38-P6 was adopted.
Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 38-P5 (3901R107.GFM) was adopted.
There was no objection and the motion to reconsider was adopted.
Senator McCONNELL proposed the following Amendment No. 38-P8 (3901R114.GFM), which was adopted:
Amend the amendment bearing DOC. NO. 3901R099.TLM, as and if amended, by adding the following appropriately numbered new PART:
/
SECTION 1. Notwithstanding any other provision of law to the contrary, no entity may expend or authorize the expenditure of public or other non-private funds, either directly or indirectly, except for educational or informational purposes, to influence or attempt to influence the outcome of a referendum question established in this act if the members or employees of that entity receive benefits in whole or in part that are available under state law to state employees, such as health, dental, or life insurance benefits or who are eligible to establish or earn service in any of the state retirement systems.
SECTION 2. This part takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments to Part II of Amendment No. 38, Senator MOORE moved that Part II of Amendment No. 38, as amended, be adopted.
Part II of Amendment No. 38 was adopted, as amended.
Senators HAYES and WILSON proposed the following Amendment No. 38-P7 (3901R113.RWH), which was adopted:
Amend the amendment (DOC. NO. 3901c099.tlm), as and if amended, by adding an appropriately numbered new PART to read:
/
SECTION 1. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the
SECTION 2. Notwithstanding any other provision of this act, this PART takes effect upon approval by the Governor./
Amend title to conform.
Senator HAYES explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Elliott Fair Giese Glover Gregory Hayes Lander Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese *Richter *Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
Drummond Land
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by the leave of the Senate, with unanimous consent.
Amendment No. 38-P7 was adopted.
Amendment No. 38, as amended, was adopted as follows:
Senators MOORE, McCONNELL, J. VERNE SMITH, COURSON, GIESE, MESCHER, PASSAILAIGUE, O'DELL, WASHINGTON, GLOVER, FORD and PATTERSON proposed the following amendment (3901RA99.TLM), which was adopted:
Amend the bill, as and if amended, page 1, line 22 by striking PART I in its entirety and inserting in lieu thereof the following:
/
SECTION 1. A. The State Election Commission shall conduct a statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide property tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and to set aside the proceeds of the additional one percent to provide for five specific tax relief programs which are: (1) providing for a maximum refundable individual income tax credit of seventy-five dollars per return with each state return filed; (2) granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service; (3) increasing the depreciation allowance on business personal property; (4) phasing-out the income tax on state residents that have attained the age of sixty-five; and (5) decreasing the income tax on certain incorporated and unincorporated businesses?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
B. This SECTION takes effect upon approval by the Governor.
SECTION 2. Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:
SECTION 3. Article 9, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1165. Beginning with the taxable year in which a resident individual attains the age of sixty-five, his taxable income is exempt from the tax imposed pursuant to Section 12-6-510 as follows:
(1) for taxable years beginning in 1997, twenty percent of taxable income is exempt;
(2) for taxable years beginning in 1998, forty percent of taxable income is exempt;
(3) for taxable years beginning in 1999, sixty percent of taxable income is exempt;
(4) for taxable years beginning in 2000, eighty percent of taxable income is exempt;
(5) for taxable years beginning after 2001, one hundred percent of taxable income is exempt. The taxable income of a married individual eligible for this exemption who files a joint federal income tax return with a spouse who is not eligible for the exemption must be allocated between the spouses and only that taxable income to the eligible spouse is eligible for the exemption. The department shall prescribe the method of allocation."
SECTION 4. A. Section 12-6-1140 of the 1976 Code, as last amended by Act 76 of 1995, is further amended by adding at the end:
"(8) Twenty-eight and one-half percent of amounts otherwise subject to tax under Section 12-6-510 received by or attributed to a taxpayer as a result of the taxpayer's status as a:
(1) shareholder of a subchapter `S' corporation;
(2) partner in a partnership; or
(3) member of a limited liability company.
No deduction is allowed under this item for a guaranteed payment to a partner for personal services rendered by the partner for the partnership."
B. This section applies to taxable years beginning after 1996.
SECTION 5. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 6. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State."
SECTION 7. A. The gross proceeds of sales of tangible personal property delivered after June 30, 1997, in this State, either under the terms of a construction contract executed before July 1, 1997, or a written bid submitted before July 1, 1997, culminating in a construction contract entered into before or after July 1, 1997, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before January 1, 1998.
B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after July 1, 1997.
Printed Page 1050, Mar. 12
| Printed Page 1070, Mar. 12
| This web page was last updated on Monday, June 29, 2009 at 1:56 P.M.