S 1030 Joint Resolution, By M.T. Rose
 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 a local governing body must be used
 solely 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 a local government's governing body state otherwise.

   01/13/94  Senate Introduced and read first time SJ-8
   01/13/94  Senate Referred to Committee on Judiciary SJ-8

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 A LOCAL GOVERNING BODY MUST BE USED SOLELY 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 A LOCAL GOVERNMENT'S GOVERNING BODY 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:

"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 and these proceeds are specifically prohibited from being spent or used for any purpose other than that which is stated, at the time the tax is levied, unless two-thirds of the voting membership of the local government's governing body state otherwise."

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. Any tax which shall be levied shall distinctly state the public purpose to which the proceeds of the tax shall be applied and these proceeds are specifically prohibited from being spent or used for any purpose other than that which is stated, at the time the tax is levied, unless two-thirds of the voting membership of the local government's governing body state otherwise?

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'."