COLUMBIA, S.C. (AP)
- A bill introduced Thursday in the House calls
for a review of all sales tax exemptions, creating
a commission to study whether items from
newspapers to manufactured homes should continue
to be sold without sales tax.
The 15-member commission would study all
exemptions and determine which to keep, revise and
eliminate. The group would report back to the
House January 2007.
"The bottom line is, we need to look at sales
tax exemptions. They're antiquated, and a lot of
them have outlived their usefulness," said
Harrell, R-Charleston, who proposed the bill.
Thirty-two House members have signed on to the
bill since Harrell announced its drafting Tuesday.
Many exemptions have been around for decades
without review. A list of exempted items shows an
estimated $1.3 billion could be added to state
coffers if taxed, according to the state Office of
Research and Statistics.
A House committee studying property tax reform
began to go through the list in October but didn't
get anywhere after lobbyists for each item took
the podium to say why their exemptions should
remain.
Senate President Pro Tem Glenn McConnell,
R-Charleston, compares attempting to ax exemptions
to prodding a hornet's nest with a stick.
"Lobbyists come flying out with all their
accounts and go after votes," he said.
To deflect some of that, Harrell proposed
requiring an up or down vote on the committee's
entire package, which lawmakers could not amend.
If lobbyists are able to persuade legislators to
take specific items out of the package, the effort
will fall apart, Harrell said.
The bill proposes that the recommendations
would automatically take effect if the General
Assembly does not vote by July 1, 2007, but that
raises constitutional questions, McConnell said.
McConnell, chairman of the Senate Judiciary
Committee, said the idea appears to be an
"unlawful delegation of authority to a commission"
because it's "giving them power to make law if the
General Assembly failed to act."
McConnell said the automatic clause would be a
hard sell in the Senate, which unlike the House,
allows members to filibuster. A senator could get
his way by talking and preventing a vote, he said.
Harrell said he would look at changing that
part of the plan. He said he is just trying to
find a way to prevent lobbyists from defeating
recommended exemptions.
Harrell's proposal comes one day after Gov.
Mark Sanford's State of the State address, where
he asked the General Assembly to review sales tax
exemptions as part of its property tax reform
efforts.
Homeowners across the state, spurred by last
year's reassessments, are demanding that
legislators cut property taxes this election year.
Proposals discussed in both the House and Senate
would swap property taxes for a
2-cent-on-the-dollar increase in the state sales
tax.
"Changes in the sales tax should ideally be
more comprehensive than just a one or two penny
increase," Sanford said. "We should take the
opportunity to look at exemptions that are not
serving their purpose."
McConnell said that won't happen this year.
Trying to cut exemptions as part of the property
tax package would invite too much opposition, he
said.
Under Harrell's bill, the state would use new
revenue from eliminated exemptions to reduce the
state sales tax.
The idea for a tax study commission came out of
a report issued in November by the Palmetto
Institute, a Columbia-based think tank. It urged
the General Assembly to create an independent
commission to study any proposed laws that would
affect the state's tax structure.
The committee under Harrell's bill would do
that. But while the Palmetto Institute wanted a
committee set up immediately to study this
session's property tax proposals, the bill would
make sales tax exemptions its first priority.