(A) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax. A referendum for this purpose must be held on the first Tuesday after the first Monday in November in any year. 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 a (rate) sales and use tax be levied in _______ County for the purpose of allowing a credit for all classes of property against the property tax liability for [affected political subdivision(s)] operations?
Yes []
No []"
(C) All qualified electors desiring to vote in favor of imposing the tax shall vote "Yes" and all qualified electors opposed to imposing the tax shall vote "No". If a majority of the votes cast are in favor of imposing the tax, the tax is imposed as provided in this article, and beginning after the fiscal year in which the referendum is held, all classes of property in the county shall receive a credit against the property tax liability of the political subdivision. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the results no later than December thirty-first to the county governing body and to the Department of Revenue. The credit must be calculated in the manner provided pursuant to Section 4-10-40(B), mutatis mutandis.
(D) Upon receipt of the returns of the referendum, the county council, by resolution, shall declare the results thereof. 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.
HISTORY: 2006 Act No. 388, Pt III, Section 1, eff January 1, 2007.
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.