Current Status Bill Number:36 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Courson All Sponsors:Courson, Passailaigue, Setzler, Giese and Fair Drafted Document Number:s-res\courson\res\1133.jec Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Tax may not be levied by legislature without two-thirds majority vote; General Assembly
Body Date Action Description Com Leg Involved
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Senate 19970213 Co-Sponsor added by Senator Fair
Senate 19970114 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 3C, SO AS TO PROVIDE THAT NO TAX, SUBSIDY, OR CHARGE SHALL BE ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY, EXCEPT UPON AN ACT OF THE GENERAL ASSEMBLY ADOPTED WITH AN AFFIRMATIVE VOTE IN EACH BRANCH OF THE GENERAL ASSEMBLY BY TWO-THIRDS OF THE TOTAL MEMBERSHIP IN EACH BRANCH, PROVIDED THAT THIS SECTION SHALL NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 13 OF ARTICLE X, OR TO PROVISIONS IN AN ACT TO BRING THE STATE INCOME TAX PROVISIONS OF THE 1976 CODE, AS AMENDED, INTO CONFORMITY WITH THE FEDERAL INCOME TAX CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article X of the Constitution of this State be amended by adding:
"Section 3C. No tax, subsidy, or charge shall be established, fixed, laid, or levied by the General Assembly, except upon an act of the General Assembly adopted with an affirmative vote in each branch of the General Assembly by two-thirds of the total membership in each branch, provided that this section shall not apply to taxes required pursuant to the provisions of Section 13 of Article X, or to provisions in an act to bring the state income tax provisions of the 1976 Code, as amended, into conformity with the federal income tax code."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article X of the Constitution of this State be amended by adding Section 3C so as to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied by the General Assembly, except upon an act of the General Assembly adopted with an affirmative vote in each branch of the General Assembly by two-thirds of the total membership in each branch, provided that this section shall not apply to taxes required pursuant to the provisions of Section 13 of Article X, or to provisions in an act to bring the state income tax provisions of the 1976 Code, as amended, into conformity with the federal income tax code?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."