S 850 Session 110 (1993-1994)
S 0850 Joint Resolution, By M.T. Rose, McConnell, Mescher and Passailaigue
A Joint Resolution proposing an amendment to Section 5, Article X of the
Constitution of South Carolina, 1895, relating to finance and taxation, by
amending Section 5, so as to provide that any tax, subsidy or charge which is
established, fixed, laid, or levied by the General Assembly must be used soley
for the purpose to which the proceeds of the tax or charge were stated to be
applied at the time the legislation was passed and for no other purpose,
unless two-thirds of both houses of the General Assembly state otherwise.
09/13/93 Senate Prefiled
09/13/93 Senate Referred to Committee on Finance
01/11/94 Senate Introduced and read first time SJ-19
01/11/94 Senate Referred to Committee on Finance SJ-19
01/19/94 Senate Committee report: Favorable Finance SJ-18
01/20/94 Senate Read second time SJ-12
01/20/94 Senate Ordered to third reading with notice of
amendments SJ-12
01/26/94 Senate Debate adjourned SJ-18
02/23/94 Senate Amended SJ-15
02/23/94 Senate Debate adjourned SJ-16
03/03/94 Senate Amended SJ-32
03/10/94 Senate Read third time and sent to House SJ-30
03/15/94 House Introduced and read first time HJ-8
03/15/94 House Referred to Committee on Judiciary HJ-9
05/19/94 House Committee report: Favorable with amendment
Judiciary HJ-7
06/01/94 House Objection by Rep. McLeod, Moody-Lawrence, Kirsh HJ-315
06/01/94 House Objection by Rep. R. Smith, Chamblee & G. Brown HJ-315
06/02/94 House Objection withdrawn by Rep. Chamblee, R. Smith &
G. Brown HJ-32
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 19, 1994
S. 850
Introduced by SENATORS Rose, McConnell, Passailaigue and Mescher
S. Printed 5/19/94--H.
Read the first time March 15, 1994.
THE COMMITTEE ON JUDICIARY
To whom was referred a Joint Resolution (S. 850), proposing an
amendment to Section 5, Article X of the Constitution of South
Carolina, 1895, relating to finance and taxation, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking SECTION
1 and inserting:
/SECTION 1. It is proposed that Section 5, Article X of the
Constitution of this State be amended by adding at the end:
"Gasoline and other motor fuels tax revenues are prohibited
from being appropriated or expended for any purpose or use other than
that which is specifically set forth in the statute levying the tax unless
the bill or joint resolution appropriating such revenues is approved by
a two-thirds vote of the membership of each house on at least one of the
readings of the bill or joint resolution."/
Amend further, by striking the question as contained in SECTION 2
and inserting:
/Must Section 5, Article X of the Constitution of this State be
amended to provide that gasoline and other motor fuels tax revenues are
prohibited from being appropriated or expended for any purpose or use
other than that which is specifically set forth in the statute levying the
tax unless the bill or joint resolution appropriating such revenues is
approved by a two-thirds vote of the membership of each house on at
least one of the readings of the bill or joint resolution?/
Amend title to conform.
JAMES H. HODGES, for Committee.
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO
AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE
WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE
GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE
PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE
WERE STATED TO BE APPLIED AT THE TIME THE
LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE,
UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL
ASSEMBLY STATE OTHERWISE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 5, Article X of the
Constitution of this State be amended to read:
"Section 5. No tax, subsidy, or charge shall be
established, fixed, laid, or levied, under any pretext whatsoever,
without the consent of the people or their representatives lawfully
assembled. Any tax which shall be levied shall distinctly state the public
purpose to which the proceeds of the tax shall be applied. When the
statute levying the tax dedicates the proceeds to a specific purpose or use
in furtherance of the stated public purpose or use, then such proceeds are
prohibited from being appropriated and expended for any purpose or use
other than that which is specifically set forth in the statute levying the
tax unless the bill appropriating the proceeds for a different purpose or
use is approved by a two-thirds vote of the membership of each house
on one of the readings of the bill. Any person who has been a resident
of the State for a minimum of six months and who can establish the
payment of any tax levied by the State of South Carolina, shall have
standing to bring an action in a court of competent jurisdiction for the
enforcement of the provisions of this section. If any provision of this
section or its application to any person is held invalid, unenforceable, or
unconstitutional, this invalidity, unenforceability, or unconstitutionality
shall negate the other provisions or applications of this section, and to
this end, the provisions of this section are not severable."
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:
"Must Section 5, Article X of the Constitution of this State
be amended to provide that no tax, subsidy, or charge shall be
established, fixed, laid, or levied, under any pretext whatsoever, without
the consent of the people or their representatives lawfully assembled and
to provide that when proceeds of the tax are applied to a specific
purpose or use that the General Assembly is prohibited from using the
proceeds for a different purpose or use unless approved by a two-thirds
vote of the members of both houses and to grant any taxpayer who has
been a resident for at least six months standing to bring a suit to enforce
this provision?
[] Yes
[] No
Those voting in favor of the question shall deposit a ballot with a check
or cross mark in the square before the word `Yes', and those voting
against the question shall deposit a ballot with a check or cross mark in
the square before the word `No'."
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