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3438Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010201Primary Sponsor: WilkinsAll Sponsors: Wilkins, W.D. Smith, Harrison, Cato, J. Brown, Harrell, Kelley, Sharpe, Townsend, Altman, Robinson, Campsen, White, Rice, LoftisDrafted Document Number: l:\council\bills\dka\4028mm01.docResiding Body: SenateCurrent Committee: Finance Committee 06 SFSubject: General Assembly, legislation requiring tax or tax increase, two-thirds majority vote of members required; TaxationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010517 Introduced, read first time, 06 SF referred to Committee House 20010417 Read third time, sent to Senate House 20010411 Read second time House 20010411 Co-Sponsor added (Rule 5.2) by Rep. White Rice Loftis House 20010410 Co-Sponsor added (Rule 5.2) by Rep. Campsen House 20010405 Committee report: Favorable 30 HWM House 20010405 Co-Sponsor added (Rule 5.2) by Rep. Robinson House 20010327 Co-Sponsor added (Rule 5.2) by Rep. Altman House 20010201 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill Revised on April 5, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
April 5, 2001
Introduced by Reps. Wilkins, W.D. Smith, Harrison, Cato, J. Brown, Harrell, Kelley, Sharpe, Townsend, Altman and Robinson
S. Printed 4/5/01--H.
Read the first time February 1, 2001.
To whom was referred a Bill (H. 3438) to amend Section 11-11-440, Code of Laws of South Carolina, 1976, relating to limitations on general tax increases and new general taxes, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT W. HARRELL, JR. for Committee.
This bill is not expected to have an impact on general fund revenue in FY 2001-02.
Current law provides that the General Assembly can only implement a new general tax or increase an existing general tax by passing an Act separate from the General Appropriation Act or any Acts supplemental to it. At present, passing a separate Act that creates a new tax or increases an existing one requires a simple-majority vote by both houses of the General Assembly. This bill would require a super-majority (two-thirds) vote by both houses of the General Assembly to pass an Act that either creates a new tax or increases an existing one.
The bill does not change any taxes or fees; therefore, this bill is not expected to have an impact on general fund revenue in FY 2001-02.
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 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for
any a general tax increase or enact a new general taxes tax in the permanent provisions of the State annual general appropriation appropriations act or acts supplemental thereto, to it. and any such A general tax increases increase or a new general taxes must tax may be enacted only by separate act passed by a vote of at least two-thirds of the elected membership of the House of Representatives and two-thirds of the elected membership of the Senate."
SECTION 2. This act takes effect July 1, 2001.
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