GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 38

Short Title:  2/3 Vote to Raise Taxes.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Morgan; Aldridge, Allred, Arnold, Baker, Barbee, Berry, Bowie, Brawley, J. Brown, Buchanan, Cansler, Carpenter, Clary, Cocklereece, Creech, Culp, Cummings, Decker, Dockham, Edwards, Esposito, Grady, Hayes, Hiatt, Holmes, Justus, Kiser, Lemmond, Linney, McComas, McMahan, K. Miller, Miner, Nichols, Pate, Preston, Pulley, Rayfield, Reynolds, Robinson, Russell, Sexton, Sharpe, Sherrill, Shubert, Snowden, Thompson, Weatherly, C. Wilson, G. Wilson, and Wood.

─────────────────────────────────────── 
Referred to:  Finance.

─────────────────────────────────────── 

January 30, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY TO LEVY OR INCREASE TAXES.
The General Assembly of North Carolina enacts:
Section 1.  Section 23 of Article II of the North Carolina Constitution reads as rewritten:
"Sec. 23.  Revenue bills.
(1)	Roll call vote. – No laws shall be enacted to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly for the payment of any debt, or to impose any tax upon the people of the State, or to allow units of local government to do so, unless the bill for the purpose has been read three several times in each house of the General Assembly and passed three several readings, which readings have been on three different days, and have been agreed to by each house respectively, and unless the yeas and nays on the second and third readings of the bill have been entered on the journal.
(2)	Two-Thirds Vote. – No laws shall be enacted to impose any tax upon the people of the State, or to allow units of local government to do so, unless the bill for the purpose has been adopted by the affirmative vote of two-thirds of all the members of each house of the General Assembly."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State on Tuesday after the first Monday of November 1996.  The election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR    [ ] AGAINST
Constitutional amendment requiring that no new taxes or tax increases may be enacted unless approved by a vote of at least two-thirds of the members of each house of the General Assembly."
Sec. 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State.  The Secretary of State shall enroll the amendment so certified among the permanent records of that office.  Upon certification, this amendment becomes effective January 1, 1997, and applies to legislation enacted on or after that date.
Sec. 4.  This act is effective upon ratification.