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Bill 310

Indicates Matter Stricken
Indicates New Matter

AMENDED

May 24, 2007

S. 310

S. Printed 5/24/07--H.

Read the first time May 22, 2007.

TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.

Amend Title To Conform

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

SECTION    1.    Section 12-36-2120 of the 1976 Code, as last amended by Act 335 of 2006, is further amended by adding an appropriately numbered item to read:

"( )    hospital beds, walkers, and wheelchairs sold or rented to an individual under the written prescription of a health care professional authorized to prescribe."

SECTION    2.    Section 12-36-2120 of the 1976 Code, is amended by adding a new item (70) to read:

"(70) (A)    Beginning July 1, 2007, one third of the gross proceeds of the sale of legend or prescription drugs or medicines, legend or prescription biologicals, and legend or prescription bioabsorbable implant devices dispensed or administered to a patient or otherwise used in the treatment of a patient in the office of a medical doctor licensed pursuant to Chapter 47 of Title 40 or of a dentist licensed pursuant to Chapter 15 of Title 40, and not otherwise exempted.

(B)    Beginning July 1, 2007, all gross proceeds of the sales described in subsection (A) are exempt from local sales and use taxes administered by the Department of Revenue.

(C)    Eighty percent of the revenues of the state sales taxes raised after the exemption allowed pursuant to subsection (A) of this section must be credited to the general fund of the State and used as sales taxes are used and the remainder must be credited to the Education Improvement Act Fund."

SECTION    3.    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."

SECTION    4.    This act takes effect July 1, 2007.

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