South Carolina General Assembly
114th Session, 2001-2002

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Bill 3438

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Indicates New Matter

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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 5, 2001

    H. 3438

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.

            

THE COMMITTEE ON WAYS AND MEANS

    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

REPORT:

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

ROBERT W. HARRELL, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

    This bill is not expected to have an impact on general fund revenue in FY 2001-02.

Explanation

    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.

    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.

A BILL

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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