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Bill 3220

                    Current Status

Bill Number:                      3220
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010110
Primary Sponsor:                  Quinn
All Sponsors:                     Quinn
Drafted Document Number:          l:\council\bills\dka\4038mm01.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Wholesale sales includes certain items 
                                  used in production of drinking water, 
                                  municipal waste treatment; Taxation, Sewer


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010110  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 12-36-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOLESALE SALES, SO AS TO DEFINE SALES OF ELECTRICITY, MACHINERY, AND CHEMICALS TO STATE OR LOCAL POLITICAL SUBDIVISIONS FOR THE PRODUCTION OF DRINKING WATER AND FOR THE TREATMENT OF MUNICIPAL WASTE CONTAINING THIRTY-FIVE PERCENT OR MORE INDUSTRIAL OR MANUFACTURING WASTE AS WHOLESALE SALES.

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

SECTION    1.    Section 12-36-120 of the 1976 Code is amended to read:

    "Section 12-36-120.    'Wholesale sale' and 'sale at wholesale' mean a sale of:

    (1)    tangible personal property to licensed retail merchants, jobbers, dealers, or wholesalers for resale, and do not include sales to users or consumers not for resale;

    (2)    tangible personal property to a manufacturer or compounder as an ingredient or component part of the tangible personal property or products manufactured or compounded for sale;

    (3)    tangible personal property used directly in manufacturing, compounding, or processing tangible personal property into products for sale;

    (4)    materials, containers, cores, labels, sacks, or bags used incident to the sale and delivery of tangible personal property, or used by manufacturers, processors, and compounders in shipping tangible personal property.;

    (5)    food or drink products to licensed retail merchants for use as ingredients in preparing ready-to-eat food or drink sold at retail. These products include cooking oil used as an ingredient. However, items used or consumed by licensed retail merchants to prepare ready-to-eat food or drink, such as hickory chips, barbecue briquettes, gas, or electricity are subject to tax.;

    (6)    electricity, machinery, and chemicals purchased and used by a state, county, municipality, political subdivision, or special entity created to serve the general public in the production of drinking water for sale. Water distribution systems are not wholesale sales, except for the pumps and the electricity they consume;

    (7)    electricity, machinery, and chemicals purchased and used by a state, county, municipality, political subdivision, or special entity created to serve the general public in the treatment of municipal waste containing thirty-five percent or more industrial or manufacturing waste, based on gallons or cubic feet billed."

SECTION    2.    This act takes effect upon approval by the Governor and applies to sales occurring on or after that date and sales before that date for which claims for refund may be filed.

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