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A99, R151, S310
STATUS INFORMATION
General Bill
Sponsors: Senators Hayes, Setzler and Gregory
Document Path: l:\council\bills\bbm\9586htc07.doc
Introduced in the Senate on January 23, 2007
Introduced in the House on May 22, 2007
Last Amended on June 7, 2007
Passed by the General Assembly on June 7, 2007
Became law without Governor's signature, June 19, 2007
Summary: Medical equipment and supplies
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/23/2007 Senate Introduced and read first time SJ-4
1/23/2007 Senate Referred to Committee on Finance SJ-4
5/16/2007 Senate Committee report: Favorable with amendment Finance SJ-10
5/17/2007 Senate Amended SJ-21
5/17/2007 Senate Read second time SJ-21
5/17/2007 Senate Unanimous consent for third reading on next legislative
day SJ-21
5/18/2007 Senate Read third time and sent to House SJ-1
5/18/2007 Scrivener's error corrected
5/22/2007 House Introduced and read first time HJ-5
5/22/2007 House Referred to Committee on Ways and Means HJ-5
5/23/2007 House Recalled from Committee on Ways and Means HJ-32
5/24/2007 House Amended HJ-36
5/24/2007 House Read second time HJ-37
5/24/2007 House Unanimous consent for third reading on next legislative
day HJ-37
5/25/2007 House Read third time and returned to Senate with amendments
5/25/2007 Scrivener's error corrected
5/30/2007 Senate House amendment amended SJ-22
5/30/2007 Senate Returned to House with amendments SJ-22
5/31/2007 Scrivener's error corrected
6/5/2007 House Non-concurrence in Senate amendment HJ-67
6/6/2007 Senate Senate insists upon amendment and conference committee
appointed Peeler, Setzler, and O'Dell SJ-30
6/6/2007 House Conference committee appointed Reps. White, Bingham, and
Kirsh HJ-18
6/7/2007 House Conference report received and adopted HJ-53
6/7/2007 Senate Conference report adopted SJ-74
6/7/2007 House Ordered enrolled for ratification HJ-140
6/12/2007 Ratified R 151
6/19/2007 Became law without Governor's signature
6/20/2007 Copies available
6/20/2007 Effective date 07/01/07
6/27/2007 Act No. 99
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/23/2007
5/16/2007
5/17/2007
5/18/2007
5/23/2007
5/24/2007
5/25/2007
5/30/2007
5/31/2007
6/7/2007
(A99, R151, S310)
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 PHASE-IN AN EXEMPTION FOR THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES PAID FOR DIRECTLY BY THE MEDICAID OR MEDICARE PROGRAM UNDER REGULATIONS PROHIBITING PAYMENT OF SALES TAXES ON THESE ITEMS WHEN SOLD BY A PROVIDER WITH A SOUTH CAROLINA RETAIL LICENSE WHOSE PRINCIPAL PLACE OF BUSINESS IS IN SOUTH CAROLINA AND TO EXEMPT PRESCRIPTION DRUGS DISPENSED TO A MEDICARE PART A PATIENT RESIDING IN A NURSING HOME.
Be it enacted by the General Assembly of the State of South Carolina:
Certain durable medical equipment-sales tax exemption phased in
SECTION 1. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) durable medical equipment and related supplies:
(a) as defined under federal and state Medicaid and Medicare laws;
(b) which is paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax; and
(c) sold by a provider who holds a South Carolina retail sales license and whose principal place of business is located in this State."
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A. of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B. and C. of this section no longer apply.
Sales tax exemption
SECTION 2. Section 12-36-2120(28) of the 1976 Code is amended by adding a new subitem appropriately lettered to read:
"( ) prescription drugs dispensed to Medicare Part A patients residing in a nursing home are not considered sales to the nursing home and are not subject to the sales tax."
Time effective
SECTION 3. This act takes effect July 1, 2007.
Ratified the 12th day of June, 2007.
Became law without the signature of the Governor -- 6/19/07.
This web page was last updated on Wednesday, December 2, 2009 at 3:30 P.M.