South Carolina General Assembly
110th Session, 1993-1994

Bill 850

Indicates Matter Stricken
Indicates New Matter 

                    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Last History Type:              Objection withdrawn by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
History


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850   House   19940602      Objection withdrawn by                    Chamblee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.

THE COMMITTEE ON JUDICIARY

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

REPORT:

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.

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'."

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