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COMMITTEE REPORT
April 23, 2008
S. 1141
Introduced by Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto and Ceips
S. Printed 4/23/08--S.
Read the first time February 21, 2008.
To whom was referred a Bill (S. 1141) to amend Section 12-36-2110, Code of Laws of South Carolina, 1976, relating to the calculation of tax on manufactured homes, so as to refine the, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, beginning on page 1, line 38, by striking lines 38-42, and ending on page 2, line 8, by striking lines 1-8 in their entirety and inserting:
/ However, a manufactured home is exempt from any tax that may be due above in excess of three hundred dollars that may be due as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. Notwithstanding the provisions of this subsection, from July 1, 2009 to July 1, 2019, a manufactured home is exempt from any tax that may be due as a result of the calculation in this subsection if it has been designated /
Amend the bill further, as and if amended, by striking SECTIONS 2 and 3 in inserting:
SECTION 2. Chapter 52, Title 48 of the 1976 Code is amended by adding:
Section 48-52-870. (A)The Energy Efficient Manufactured Homes Incentive Program is established to provide financial incentives for the purchase and installation of energy efficient manufactured homes in South Carolina. Any person who purchases a manufactured home designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or which has been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program from a retail dealership licensed by the South Carolina Manufactured Housing Board for use in this State is eligible for a nonrefundable income tax credit equal to seven hundred fifty dollars. The credit may be claimed beginning July 1, 2009, and no later than July 1, 2019.
(B) The South Carolina Energy Office shall adopt rules pursuant to develop tax credit applications and administer the issuance of tax credits and must track and report on the fiscal and energy impacts of this program."
SECTION 3. This act takes effect July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
HUGH K. LEATHERMAN, SR. for Committee.
TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; AND TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-36-2110(B) of the 1976 Code is amended to read:
"(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from item (1) by sixty-five percent;
(3) if the result from item (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;
(4) if the result from item (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.
However, a manufactured home is exempt from any tax that may be due above three hundred dollars as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or has been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold contains the above calculations and verifying whether or not the manufactured home met that meets the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.
The maximum tax authorized by this subsection does not apply to a single-family modular home regulated pursuant to Chapter 43, Title 23."
SECTION 2. Chapter 52, Title 48 of the 1976 Code is amended by adding:
Section 48-52-870. The Energy Efficient Manufactured Homes Incentive Program is established to provide financial incentives for the purchase and installation of energy efficient manufactured homes in South Carolina. Any retail dealership licensed by the South Carolina Manufactured Housing Board who sells a manufactured home designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or which has been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program is eligible for a rebate on a portion of the sales price of that manufactured home.
(A) A manufactured home qualifies for a rebate if it is designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or is designated as meeting or exceeding such requirements under each agency's ENERGY STAR program and is sold by a retail dealership licensed by the South Carolina Manufactured Housing Board for use in this State.
(B) The rebate amount shall be set at seven hundred fifty dollars per energy efficient manufactured home, as specified above in subsection (A).
(C) Retail dealerships and representatives licensed by the South Carolina Manufactured Housing Board must pass on to the purchaser any reduction in the purchase price of a manufactured home that qualifies for the rebate specified in subsection (A), resulting from the rebate, and must not increase the purchase price of the qualifying manufactured home in anticipation of receipt of the rebate.
(D) The South Carolina Energy Office shall adopt rules pursuant to develop rebate applications and administer the issuance of rebates and must track and report on the fiscal and energy impacts of this program."
SECTION 3. This act takes effect upon approval by the Governor.
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