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COMMITTEE REPORT
April 11, 2002
H. 4564
S. Printed 4/11/02--H.
Read the first time January 23, 2002.
To whom was referred a Bill (H. 4564) to amend Section 6-1-330, Code of Laws of South Carolina, 1976, relating to the authority of local governing bodies to impose a service or user fee, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-330 of the 1976 Code, as added by Act 138 of 1997, is amended by adding a new subsection at the end to read:
"(D) Notwithstanding the provisions of this section, after December 31, 2001, a local governing body may not impose a new service or user fee on motor vehicles or increase an existing service or user fee unless the increase or imposition of the fee is approved by the electors in a referendum at the next general election. Additionally, the revenue generated from the increase in the fee or the new fee must be dedicated for a specific purpose and credited to an account separate and distinct from the general fund of the local governing body for this purpose. This subsection does not prohibit the imposition of motor vehicle service or user fees pursuant to an ordinance or resolution adopted before 2002, and it does not prohibit the reauthorization, by the same manner the fee was originally imposed, of a motor vehicle service or user fee that was in place before 2002."
SECTION 2. This act takes effect upon approval by the Governor and no refund is due any fee payer for fees paid pursuant to an ordinance or resolution adopted in 2002 before the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
ROBERT W. HARRELL, JR. for Committee.
REVENUE IMPACT1/
This bill is not expected to have any impact on state or local revenues.
Explanation
This bill would prohibit a local governing body from imposing any new service or user fees on motor vehicles or increasing any existing service or user fees after December 31, 2000. However, this bill would not prohibit the imposition of motor vehicle service or user fees pursuant to an ordinance or resolution that was adopted before 2001.
Section 2 further states that "no refund is due any fee payer for fees paid pursuant to an ordinance or resolution adopted in 2001 or 2002 before the effective date of this act." Therefore, this bill is not expected to have any impact on state or local revenues.
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 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF LOCAL GOVERNING BODIES TO IMPOSE A SERVICE OR USER FEE, SO AS TO PROVIDE THAT AFTER 2000, NO SERVICE OR USER FEE MAY BE IMPOSED BY A LOCAL GOVERNING BODY ON MOTOR VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-1-330 of the 1976 Code, as added by Act 138 of 1997, is amended by adding a new subsection at the end to read:
"(D) Notwithstanding the provisions of this section, after December 31, 2000, a local governing body may not impose a new service or user fee on motor vehicles or increase an existing service or user fee. This subsection does not prohibit the imposition of motor vehicle service or user fees pursuant to an ordinance or resolution adopted before 2001."
SECTION 2. This act takes effect upon approval by the Governor and no refund is due any fee payer for fees paid pursuant to an ordinance or resolution adopted in 2001 or 2002 before the effective date of this act.
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