Current Status Introducing Body:Senate Bill Number:1030 Primary Sponsor:Rose Committee Number:11 Type of Legislation:JR Subject:County councils, tax levy provisions Residing Body:Senate Current Committee:Judiciary Computer Document Number:1030 Introduced Date:19940113 Last History Body:Senate Last History Date:19940113 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1030 Senate 19940113 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
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?
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'."