S 142 Session 112 (1997-1998)
S 0142 Joint Resolution, By Wilson and Giese
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAXES SO AS TO PROHIBIT THE
IMPOSITION OF A RETROACTIVE TAX INCREASE EXCEPT UPON A TWO-THIRDS MAJORITY
VOTE OF BOTH HOUSES OF THE GENERAL ASSEMBLY.
01/14/97 Senate Introduced and read first time SJ-137
01/14/97 Senate Referred to Committee on Finance SJ-137
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO TAXES, SO AS TO PROHIBIT THE IMPOSITION
OF A RETROACTIVE TAX INCREASE EXCEPT UPON A
TWO-THIRDS MAJORITY VOTE OF BOTH HOUSES OF THE
GENERAL ASSEMBLY.
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
may 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
is levied shall must distinctly state the
public purpose to which the proceeds of the tax shall be applied.
No retroactive tax increase may be enacted by the General
Assembly except upon an affirmative vote of at least two-thirds of the
membership of each house."
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 so as to prohibit the General Assembly from enacting a
retroactive tax increase except upon an affirmative vote of at least
two-thirds of the membership of each house?
Yes []
No []
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'."
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