Current Status Introducing Body:Senate Bill Number:850 Primary Sponsor:Rose Type of Legislation:JR Subject:Tax levy by legislature, provisions Residing Body:House Computer Document Number:850 Introduced Date:19940111 Date of Last Amendment:19940303 Last History Body:House Last History Date:19940602 Last History Type:Objection withdrawn by Representative Scope of Legislation:Statewide All Sponsors:Rose McConnell Passailaigue Mescher Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
850 House 19940602 Objection withdrawn by Chamblee
Representative R. Smith
G. Brown
850 House 19940601 Objection by Representative McLeod
G. Brown
Moody_Lawren
ce
Chamblee
Kirsh
R. Smith
850 House 19940519 Committee Report: Favorable 25
with amendment
850 House 19940315 Introduced, read first time, 25
referred to Committee
850 Senate 19940310 Read third time, sent to House
850 Senate 19940303 Amended
850 Senate 19940223 Amended, debate adjourned
850 Senate 19940126 Debate adjourned
850 Senate 19940120 Read second time, notice of
general amendments
850 Senate 19940119 Committee Report: Favorable 06
850 Senate 19940111 Introduced, read first time, 06
referred to Committee
850 Senate 19930913 Prefiled, referred to 06
Committee
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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.
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
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.
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'."