H 5015 General Bill, By Kelley, Harrell, Haskins and Campsen
 A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING
 ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW
 AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY
 NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT
 THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY
 AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES
 SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE
 CONTINUED.

   05/02/00  House  Introduced and read first time HJ-131
   05/02/00  House  Referred to Committee on Ways and Means HJ-132
   05/17/00  House  Committee report: Favorable Ways and Means HJ-14
   05/23/00  House  Debate adjourned until Wednesday, May 24, 2000 HJ-79
   05/24/00  House  Debate adjourned until Thursday, May 25, 2000 HJ-18
   05/25/00  House  Debate adjourned until Thursday, June 1, 2000 HJ-17
   06/01/00  House  Debate adjourned HJ-45

Indicates New Matter

COMMITTEE REPORT

May 17, 2000

H. 5015

S. Printed 5/17/00--H.

Read the first time May 2, 2000.

To whom was referred a Bill (H. 5015), to amend Section 8-21-15, Code of Laws of South Carolina, 1976, relating to a state agency not being authorized to set a fee for performing any duty, responsibility, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

ROBERT W. HARRELL, JR., for Committee.

REVENUE IMPACT1

This bill is not expected to have an impact on state revenues in FY 2000-01.

Explanation

This bill changes language to clarify that the General Assembly is the only body that is constitutionally and statutorily authorized to impose or increase fees or taxes and to set the amount, purpose, or use thereof. Beginning July 1, 2000, state agencies, boards, committees, commissions, or authorities would no longer be permitted to use their general authority or regulation to alter a fee or tax as these terms are defined by law. This bill would permit existing taxes and fees to continue but they may not be subsequently revised or amended except as provided in this section. Since the bill does not alter any fee or tax now in effect, it is not expected to have an impact on state revenues in FY 2000-01.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.

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

SECTION 1. Section 8-21-15 of the 1976 Code, as added by Act 178 of 1987, is amended to read:

"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section on and after July 1, 2000, under its general authority or by regulation promulgated under the Administrative Procedures Act may impose or increase a 'fee' or impose or increase a 'tax' as these terms are defined by law. The General Assembly is deemed to be the only body that is constitutionally and statutorily authorized to impose or increase fees or taxes, to set the amounts thereof, and to provide for the uses and purposes of such fees and taxes. Where any fee or tax or the amount, purpose, or use thereof has been set before July 1, 2000, by an agency or entity by regulation or under its general authority, these are nevertheless continued but may not be subsequently revised or amended except in compliance with the provisions of this section.

(B) This section does not apply to:

(1) state-supported governmental health care facilities;

(2) state-supported schools, colleges, and universities;

(3) educational, entertainment, recreational, cultural, and training programs;

(4) the State Board of Financial Institutions;

(5) sales by state agencies of goods or tangible products produced for or by these agencies;

(6) charges by state agencies for room and board provided on state-owned property;

(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;

(8) court fees or fines levied in a judicial or adjudicatory proceeding.

(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.

(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the State Administrative Procedures Act."

SECTION 2. This act takes effect upon approval by the Governor.