S 215 Session 111 (1995-1996)
S 0215 Joint Resolution, By M.T. Rose, Passailaigue and Rankin
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 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.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Finance
01/10/95 Senate Introduced and read first time SJ-74
01/10/95 Senate Referred to Committee on Finance SJ-74
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 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'."
-----XX----- |