S 1030 Session 110 (1993-1994)
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?
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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