South Carolina General Assembly
113th Session, 1999-2000

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Bill 122


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      122
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Passailaigue
All Sponsors:                     Passailaigue, McConnell, O'Dell, Elliott, 
                                  Reese
Drafted Document Number:          l:\s-res\elp\011stea.efd.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          Administrative procedures, Regulations; 
                                  Stealth Tax Prevention Act, Revenue Department 
                                  rulings; Taxation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           06 SF
                  referred to Committee
Senate  19981118  Prefiled, referred to Committee        06 SF


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 1-23-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO ENACT THE "STEALTH TAX PREVENTION ACT," WHICH INCLUDES WITHIN THE DEFINITION OF "REGULATION" CERTAIN REVENUE RULINGS AND REVENUE PROCEDURES OF THE DEPARTMENT OF REVENUE THAT INCREASE STATE OR LOCAL REVENUE.

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

SECTION 1. This act shall be cited as the "Stealth Tax Prevention Act."

SECTION 2. Section 1-23-10(4) of the 1976 Code is amended to read:

"(4) 'Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. Policy or guidance issued by an agency other than in a regulation does not have the force or effect of law. The term 'regulation' includes general licensing criteria and conditions and the amendment or repeal of a prior regulation, but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a university, college, technical college, school, or other educational institution with regard to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other agency actions relating only to specified individuals. The term 'regulation' includes revenue rulings and revenue procedures and similar advisory opinions of the Department of Revenue, if the implementation and enforcement of the ruling or procedure has resulted in or is likely to result in any net increase in state or local revenues over current practices in tax collection or revenues anticipated from the ruling or procedure on the date of the enactment of the statute under which the regulation is promulgated. The term 'regulation' does not include revenue rulings, revenue procedures, and technical advice memoranda adopted to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40."

SECTION 3. This act takes effect upon approval by the Governor.

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