South Carolina General Assembly
112th Session, 1997-1998

Bill 142

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Bill Number:                       142
Type of Legislation:               Joint Resolution JR
Introducing Body:                  Senate
Introduced Date:                   19970114
Primary Sponsor:                   Wilson 
All Sponsors:                      Wilson and Giese
Drafted Document Number:           council\legis\bills\bbm\9029htc
.97
Residing Body:                     Senate
Current Committee:                 Finance Committee 06 SF
Subject:                           Retroactive tax, imposition of
                                   prohibited unless by two-thirds
                                   approval vote of General Assembly,
                                   constitution
History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970114  Introduced, read first time,             06 SF
                  referred to Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAXES, SO AS TO PROHIBIT THE IMPOSITION OF A RETROACTIVE TAX INCREASE EXCEPT UPON A TWO-THIRDS MAJORITY VOTE OF BOTH HOUSES OF THE GENERAL ASSEMBLY.

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 may 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 is levied shall must distinctly state the public purpose to which the proceeds of the tax shall be applied. No retroactive tax increase may be enacted by the General Assembly except upon an affirmative vote of at least two-thirds of the membership of each house."

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 so as to prohibit the General Assembly from enacting a retroactive tax increase except upon an affirmative vote of at least two-thirds of the membership of each house?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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