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TO AMEND SECTIONS 4-10-330 AND 4-37-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFERENDUM AND OTHER REQUIREMENTS FOR PURPOSES OF THE CAPITAL PROJECT SALES TAX ACT AND USE OF THE OPTIONAL FINANCING METHODS FOR TRANSPORTATION INFRASTRUCTURE, SO AS TO PROHIBIT HOLDING A SUBSEQUENT REFERENDUM ON THE QUESTION OF IMPOSING A LOCAL SALES TAX FOR THESE PURPOSES SOONER THAN THE SECOND GENERAL ELECTION AFTER A REFERENDUM IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-10-330(C) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(C)(1) Upon receipt of the ordinance, the county election commission mustshall conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. However, a referendum to reimpose an existing tax as permitted above may only be held once whether or not the referendum is held on a general election day or at another time. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law.
(2) If a majority 'no' vote is certified in a referendum held pursuant to this article, a subsequent referendum pursuant to this article must not be held before the second general election following the date of the referendum in which the 'no' vote was certified."
SECTION 2. Section 4-37-30(A)(2) of the 1976 Code, as last amended by Act 368 of 2000, is further amended to read:
"(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. A referendum for this purpose must be held at the time of the general election. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
If a majority 'no' vote is certified in a referendum held pursuant to this section, a subsequent referendum pursuant to this section must not be held before the second general election following the date of the referendum in which the 'no' vote was certified."
SECTION 3. This act takes effect upon approval by the Governor and applies with respect to referenda scheduled in ordinances enacted on or after that date.
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