H 3590 Joint Resolution, By H. Brown, Allison, Easterday and Riser
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON THE
 TAXING POWER, SO AS TO PROVIDE THAT THE PROCEEDS OF A TAX MEASURED BY GASOLINE
 AND MOTOR FUEL SALES, USE, OR CONSUMPTION AND DEDICATED TO HIGHWAY
 CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE MAY NOT LATER BE DIVERTED TO ANY
 OTHER PURPOSE, NOR MAY ITS ORIGINAL PURPOSE BE CHANGED BY A LATER ENACTMENT.

   02/23/99  House  Introduced and read first time HJ-19
   02/23/99  House  Referred to Committee on Ways and Means HJ-20

PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON THE TAXING POWER, SO AS TO PROVIDE THAT THE PROCEEDS OF A TAX MEASURED BY GASOLINE AND MOTOR FUEL SALES, USE, OR CONSUMPTION AND DEDICATED TO HIGHWAY CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE MAY NOT LATER BE DIVERTED TO ANY OTHER PURPOSE, NOR MAY ITS ORIGINAL PURPOSE BE CHANGED BY A LATER ENACTMENT.

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 levied shall must distinctly state the public purpose to which the proceeds of the tax shall must be applied.

The proceeds of a tax which is measured by the use, consumption, or sale of gasoline and other motor fuel and dedicated at its enactment to highway construction, improvement, and maintenance may not be diverted to any other purpose, nor may the purpose of that tax be changed by later enactment to any purpose other than highway construction, improvement, and maintenance."

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, relating to the limitations on the taxing power, be amended so as to provide that the proceeds of a tax measured by the use, consumption, or sale of gasoline and motor fuels and dedicated at its enactment to highway construction, improvement, and maintenance may not later be diverted to any other purpose, and to further provide that the original purpose of that tax may not be changed by a later enactment to any purpose other than highway construction, improvement, and maintenance?

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'."