(A) Upon petition of at least fifteen percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax. A referendum for this purpose must be held on the Tuesday following the first Monday in November following verification of the petition. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(B) The referendum question to be on the ballot must read substantially as follows:
"Must the (rate) sales and use tax imposed in (county) be rescinded with the revenue not collected replaced by extending the property tax to private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors previously not subject to property tax in this county?
Yes [ ]
No [ ]"
(C)(1) All qualified electors desiring to vote in favor of rescinding the tax shall vote "Yes" and all qualified electors opposed to rescinding the tax shall vote "No". If a majority of the votes cast are in favor of rescinding the tax, then the tax is rescinded effective July first following the referendum and property taxes apply to all private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors taxable in the county for motor vehicle tax years beginning after June 30 following the referendum and other property tax years beginning after the year in which the referendum is held. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county council. If a majority "Yes" vote is certified, it must be certified to the Department of Revenue by the same date.
(2) Upon receipt of the return of the referendum, the county council shall declare the results thereof by resolution. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
(D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.
HISTORY: 2000 Act No. 387, Part II, Section 99A, eff March 6, 2001.
Structure South Carolina Code of Laws
Chapter 10 - Local Sales And Use Tax
Section 4-10-20. Rate of tax; exemptions; reports by utilities; rental units.
Section 4-10-25. Construction contracts; application.
Section 4-10-35. Petition to rescind tax; referendum.
Section 4-10-40. Distribution of revenue allocated to Property Tax Credit Fund.
Section 4-10-50. Distribution of revenue set aside for the County/Municipal Revenue Fund.
Section 4-10-67. Deposit and distribution of local option use tax.
Section 4-10-70. Determination of amount to be received by eligible unit within county area.
Section 4-10-80. Reports as to total amount of revenue collected.
Section 4-10-100. Commencement of local sales and use tax.
Section 4-10-300. Short title.
Section 4-10-310. Imposition of tax.
Section 4-10-315. Additional sale and use tax not exceeding one percent.
Section 4-10-320. Commission creation; composition.
Section 4-10-330. Contents of ballot question; purpose for which proceeds of tax to be used.
Section 4-10-340. Tax imposition and termination.
Section 4-10-350. Department of Revenue to administer and collect local tax.
Section 4-10-360. Revenue remitted to State Treasurer and held in a separate fund.
Section 4-10-370. Calculating distributions to counties; confidentiality.
Section 4-10-380. Unidentified funds; transfer and supplemental distributions.
Section 4-10-390. Reimposition of tax.
Section 4-10-410. Citation of act.
Section 4-10-415. Definitions.
Section 4-10-425. Procedure for imposing tax; referendum; ballot.
Section 4-10-430. Commencement and termination.
Section 4-10-435. Collection and administration by Department of Revenue.
Section 4-10-440. Remitting revenues to State Treasurer; distribution and use of proceeds.
Section 4-10-445. Application of proceeds to debt service.
Section 4-10-450. Availability of data to calculate distributions and estimate revenues.
Section 4-10-460. Renewal or reimposition of tax.
Section 4-10-470. Counties in which sales and use tax may be imposed.
Section 4-10-510. Short title.
Section 4-10-530. Meaning of "county".
Section 4-10-540. Imposition of sales and use tax to replace vehicle tax.
Section 4-10-550. Ordinance and referendum; certification of results.
Section 4-10-560. Date of imposition.
Section 4-10-570. Petition to rescind; referendum.
Section 4-10-580. Administration and collection.
Section 4-10-590. Distribution of revenues.
Section 4-10-600. Availability of data to calculate distributions.
Section 4-10-720. Definitions.
Section 4-10-730. Local option sales and use tax; credit against property tax liability.
Section 4-10-750. Subsequent referendum.
Section 4-10-760. Referendum on question of rescinding tax.
Section 4-10-770. Collection process.
Section 4-10-780. Distribution of revenues.
Section 4-10-800. Millage limits.
Section 4-10-910. Citation of article.
Section 4-10-920. Definitions.
Section 4-10-940. Allowable fee; administration and collection.
Section 4-10-960. Information for purpose of calculating distributions and estimating revenues.
Section 4-10-980. Reimposition of local option tourism development fee.
Section 4-10-1010. Preservation procurements defined; sales and use tax.
Section 4-10-1030. Imposition and termination of the tax.
Section 4-10-1040. Administration and collection of the tax.
Section 4-10-1050. Distributions to counties; confidentiality.
Section 4-10-1060. Unidentified funds, transfers, and supplemental distributions.