Loading chat...

NC H457

Bill

Status

Introduced

3/27/2013

Primary Sponsor

Hugh Blackwell

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Creates new legal standing for individuals and corporations paying taxes to sue their taxing jurisdiction in Superior Court if the jurisdiction violates constitutional or statutory provisions regarding taxation or expenditure methods, purposes, or amounts.

  • Allows taxpayers to challenge misuse or misappropriation of public funds and unlawful tax exemptions, deductions, or credits.

  • Entitles plaintiffs to seek equitable remedies including injunctive and declaratory relief, as well as judgments for return of misused funds or collection of owed revenues.

  • Modifies G.S. 105-241.17 to clarify that taxpayers challenging a statute "imposing a tax" as unconstitutional must follow existing procedures including exhausting pre-hearing remedies, paying the disputed tax amount, and filing suit within two years of dismissal.

  • Section 1 of the act becomes effective October 1, 2013 for actions filed on or after that date; remaining provisions effective upon enactment.

Legislative Description

Taxpayer Standing Act

Last Action

Re-ref Com On Finance

5/6/2013

Committee Referrals

Finance5/6/2013
Appropriations4/24/2013
Judiciary4/1/2013

Full Bill Text

No bill text available