TAXPAYER PROTECTION ACT. (NEW)

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View NCGA Bill Details2015-2016 Session
Senate Bill 607 (Public) Filed Thursday, March 26, 2015
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE FOR TAXPAYER PROTECTIONS THAT LIMIT THE GROWTH OF STATE SPENDING, ESTABLISH A STATE EMERGENCY SAVINGS RESERVE FUND, AND REDUCE THE MAXIMUM OF THE INCOME TAX RATE TO FIVE PERCENT FROM TEN PERCENT.
Intro. by Rucho, Meredith, Brock.

Status: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House (House Action) (Aug 17 2015)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT ANY INCREASE IN THE PERCENTAGE RATE OF TAX IMPOSED ON INCOME BY THE STATE OR AUTHORIZED BY THE STATE TO BE IMPOSED BY POLITICAL SUBDIVISIONS OF THE STATE MUST RECEIVE THE AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH CHAMBER PRESENT AND VOTING.

Long title change

Senate amendment to the 2nd edition changes the long title. Previous long title was AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT THE MAXIMUM TAX RATE ON INCOMES CANNOT EXCEED FIVE PERCENT; TO AMEND THE CONSTITUTION TO PROVIDE FOR AN EMERGENCY SAVINGS RESERVE FUND TO ENSURE THAT A RESERVE OF SURPLUS REVENUES IS AVAILABLE IN CASE OF REVENUE SHORTFALLS; AND TO PROTECT THE TAXPAYERS OF NORTH CAROLINA WITH CONSTITUTIONAL LIMITS ON THE GROWTH OF STATE SPENDING.

Bill History:

S 607

Bill Summaries:

  • Summary date: Aug 11 2015 - View Summary

    Senate amendments make the following changes to the 3rd edition. 

    Senate amendment #2 makes technical changes. 

    Senate amendment #3 moves the date that proposed constitutional amendments are submitted to voters from the 2016 presidential primary election to the statewide general election of November 8, 2016. 


  • Summary date: Aug 10 2015 - View Summary

    Senate amendment makes the following changes to the 2nd edition.

    Deletes all content of the previous edition and replaces it with the following. 

    Subject to approval by a majority of votes cast at the time of the 2016 presidential primary election, the act amends the North Carolina constitution by enacting a new Article V-A, amending Section 2 of Article V, and amending Section 22 of Article II, as follows.

    Adds new Article V-A, Taxpayer Protections. Section 1 of the Article limits the maximum annual percentage increase in State fiscal year spending to the average inflation growth for the prior three calendar years plus the average growth in State population for the prior three fiscal years. Defines fiscal year spending, inflation growth, and population. Gives the General Assembly the power to increase the spending limit by an act passed by two-thirds of all the members of each house. Applies to fiscal years beginning on or after July 1, 2017.

    Section 2 of the new Article establishes the Emergency Savings Reserve Fund (Fund) and requires the General Assembly to reserve 2% of the amount appropriated from the General Fund (excluding General Fund receipts) to the Fund for capital and operating expenses for the prior fiscal year until the Fund contains 12.5% of the amount appropriated from the General Fund (excluding General Fund receipts) for capital and operating expenses for the prior fiscal year. Allows the General Assembly to decline to reserve funds to or provide for the expenditure of funds from the Fund; acts that do either of these things must be approved by two-thirds of all the members of each house. Prohibits money from being drawn from the Fund except under appropriations from the Fund passed by two-thirds vote of all the members of each house. Specifies that the Governor does not have the power to (1) expend money in the Fund without an appropriation by the General Assembly or (2) divert money appropriated from the Fund for other purposes. Applies to fiscal years beginning on or after July 1, 2016.

    Section 3 of the new Article limits the income tax rate to 5%. Applies to taxable years beginning on or after January 1, 2020.

    Amends Section 2 of Article V to provide that tax on income is subject to the provisions of Section 1 of new Article V-A. Applies to taxable years beginning on or after January 1, 2020.

    Adds new subdivisions to Section 22 of Article II requiring bills that increase the fiscal year spending limit and do not contain any other matter, and bills declining to reserve funds to the Funds, providing for the expenditure of funds from the Fund, or both, to be read three times in each house and be signed by the presiding officers of both houses. These provisions apply upon certification by the Secretary of State.

    Sets out the requirements for presenting the amendments to voters. Requires that if a majority of votes cast on the question are in favor of the amendments in the act that the amendments be certified to the Secretary of State.

    Changes the act's short and long titles. 


  • Summary date: Aug 6 2015 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the short and long titles.

    Deletes all of the provisions of the previous edition and replaces them with the following.

    Subject to voter approval, amends Section 2 of Article V of the NC Constitution to limit the income tax rate to 5% (was, 10%) of net income for tax years beginning on or after January 1, 2020. Sets out the procedure for putting the constitutional amendment before the voters at the March 15, 2016, general election. 

    Subject to voter approval, amends Article V of the NC Constitution by adding a new Section 15 to create an Emergency Savings Reserve Fund (Fund) in the state treasury. Provides that such reserve funds can only be utilized upon a bill being passed by two-thirds votes of each chamber of the General Assembly. Provides that the Governor is not authorized to expend or divert the money in the Fund without legislative approval and appropriation. Also amends Section 22 of Article II to require bills that provide for the expenditure of funds from the Fund and no other matter must be read three times in each chamber and be signed by presiding officers before it becomes law. Sets out the procedure for putting the constitutional amendments before the voters at the March 15, 2016, general election. Provides that, if approved by voters, the amendments will apply to fiscal years beginning on or after July 1, 2016. 

    Subject to voter approval, amends Article V of the NC Constitution by adding a new Section 16 to limit the growth on state spending, providing that maximum annual percentage increases in state fiscal year spending cannot exceed inflation growth plus the growth in State population from the previous fiscal year. Provides that the spending limit can only be increased by an act passed by two-thirds of the members in each chamber.  Also amends Section 22 of Article II to require bills that provide for an increase to the spending limit be read three times in each chamber and be signed by presiding officers before they become law.  Sets out the procedure for putting the constitutional amendments before the voters at the March 15, 2016, general election. Provides that, if approved by voters, the amendments will apply to fiscal years beginning on or after July 1, 2017.


  • Summary date: Mar 30 2015 - View Summary

    Subject to approval by voters at the statewide general election on November 4, 2016, amends Section 23 to Article II of the North Carolina Constitution to require a two-thirds vote by each house of the General Assembly to pass any legislation that would increase the rate of tax for any state or local income taxes. If approved, effective January 1, 2017, and applies to legislation enacted on or after that date.