"in this state" or "in the state"

Knowing how words and terms are defined and used is critical to comprehending the meaning of the various "laws" of United States and States of United States.
Post Reply
User avatar
iamfreeru2
Site Admin
Posts: 46
Joined: Sun Jun 10, 2018 4:39 pm

"in this state" or "in the state"

Post by iamfreeru2 » Thu Jun 21, 2018 10:27 am

For illustration purposes only: “(Lat. inclaudere, to shut in, keep within). To confine within, hold as in an inclosure, . . . contain, . . . . United States ex rel. Lyons v. Hines, 103 F.2d 737, 740, 70 App.D.C. 36, 122 A.L.R. 674.” Include, Black’s Law Dictionary (4th rev. ed. 1968) (underscore added).

For illustration purposes only: § 212.02(8), Fla. Stat. (2017). “ ‘In this state’ or ‘in the state’ means within the state boundaries of Florida as defined in s. 1, Art. II of the State Constitution and includes [is limited to] all territory within these limits owned by or ceded to the United States.”

For illustration purposes only: E.g., id.; accord Ala. Code 1975, § 40-23-60(11). “IN THIS STATE or IN THE STATE. Within the exterior limits of the State of Alabama, and includes all territory within such limits owned by or ceded to the United States of America.”; Conn. Gen. Stat. § 12-407(14) (2017). “ ‘In this state’ or ‘in the state’ means within the exterior limits of the state of Connecticut and includes all territory within these limits owned by or ceded to the United States of America.”; Neb. Rev. Stat. § 77-2701.17 (2017). “In this state or within the state means within the exterior limits of the State of Nebraska and includes all the territory within these limits owned by or ceded to the United States of America.”; Wash. Rev. Code § 82.04.200 (2017). “ ‘In this state,’ ‘within this state.’ ” “ ‘In this state’ or ‘within this state’ includes all federal areas lying within the exterior boundaries of the state.”
1 Corinthians 1:18 "For the word of the cross is foolishness to those who are perishing, but to us who are being saved it is the power of God."

Geod Manson
Global Moderator
Posts: 10
Joined: Sun Jun 10, 2018 7:42 pm

Re: "in this state" or "in the state"

Post by Geod Manson » Thu Jul 12, 2018 2:17 pm

Martin and Students,

A political State is concerned with government and a social State refers to the human society impacted by that government. In a modern political State the details of government are supposed to be set out in detail in writing. The Organic Laws of the United States of America establish a Confederacy of States, which have retained their sovereignty, freedom and independence and another Union of States without sovereignty, freedom and independence called the United States.

The problem with the political State in the United States of America is the use of its written laws and regulations to govern human society.

Free human beings are free because they have no power or authority to make written laws for other free people.

The Constitution of September 17, 1787 in Article I, created a government for the States of the United States wherein the Representatives of the House of Representatives would be elected by the same Electors who elect members of the legislatures of the States of the Confederacy.

The Northwest Ordinance of July 13, 1787 and Constitution of September 17, 1787 provided the opportunity for the politicians of that time to put the citizens of the United States of America in legislative charge of the citizens of the United States, so the politicians would, in time, be in control of everyone and everything. Congress and the President of the United States are losing control of an illegitimate government at a time when the truth about the founding of the federal government is being revealed. The only legitimate government is the one which protects your right to be free.

Ed

From: Martin
Sent: Monday, August 04, 2014 2:30 AM
To: Ed Rivera
Subject: Re: What Is an Article I, Section 2, Clause 3 State of the Constitution?

Ed,

Although I thought it was rather obvious does not the Articles of Confederation refer to a specific union as so does the Constitution. Therefore any "State" which subscribes to the Constitution as its supreme law can only be of that specific union, I mean to say organized and administrated under its charter.

That is not to say it, that State, won't recognize the Articles of Confederation if pressed. That's the purpose of your instruction.

So the political "State" of South Carolina is no different than the political "State" of California as being comprised of UNITED STATES citizens.

So the rule of thumb would be whether or not the "State" in question is solely governed by the Constitution. I mean to say that the Constitution can only be the sole authority via the proprietary powers doctrine which applies in a specific set of circumstances as your reference to the California code illustrates.

Martin

From: Ed Rivera <edrivera@edrivera.com>
To: 'Ed Rivera' <edrivera@edrivera.com>
Sent: Sunday, August 3, 2014 8:12 PM
Subject: RE: What Is an Article I, Section 2, Clause 3 State of the Constitution?

Paul and Students,

There are only two definitions for Union “States,” the one you found and the one which describes the States of Article II of the Articles of Confederation of November 15, 1777.

Revenue laws, especially because they are directed at the public, must be free of ambiguity, so the State of California inserted the definition for a State of the United States in all the statutes for every tax.

Ed
From:
Sent: Sunday, August 03, 2014 11:48 AM
To: Ed Rivera
Subject: Re: What Is an Article I, Section 2, Clause 3 State of the Constitution?

Dear Ed,
According to the SC Dept of Revenue publication ST-500 (found here:http://www.sctax.org/NR/rdonlyres/1A6B4 ... 152014.pdf ), the State of SC has/had the following taxes:
1. Income Tax
2. Estate/Gift Tax (repealed for ALL decedents after Jan of 2005)
3. Real and Personal Property Taxes
4. Sales and Use Tax
5. Motor Fuels Tax (imposed at the pumps)
6. Vehicle Registration Fee
7. Driver License Fee
My investigation and word search of the SC Code reveals the following. While there are many instances of the phrase "in the State" found throughout the body of ALL titles of the code, there are only two instances where that term is specifically defined. They are both found within Title 12 - Taxation and read as follows:

#1.
TITLE 12 – TAXATION
CHAPTER 28.
MOTOR FUELS SUBJECT TO USER FEES
DEFINITIONS
SECTION 12-28-110. Definitions.

As used in this chapter:
(35) "In this State" means the area within the borders of South Carolina including all territories within the borders owned by or added to the United States of America.

#2.
TITLE 12 – TAXATION
CHAPTER 36.
SOUTH CAROLINA SALES AND USE TAX ACT
CITATION AND DEFINITIONS

SECTION 12-36-10. Effect of definitions.

The words, terms, and phrases defined in this article have the meaning provided, except when the context clearly indicates a different meaning.
SECTION 12-36-50. "In this State" or "in the State".

"In this State" and "in the State" mean the area within the borders of the State of South Carolina, including all territories within the borders owned by or ceded to the United States of America.

These definitions appear to be specifically limited to their respective chapters, namely chapter 26 for the Motor Fuels Tax and chapter 36 for the SC Sales and Use tax. I can fin NO definitions for "in this State" within any of the other tax code sections. Unlike the tax code examples you showed for the State of California, the State of South Carolina code seems to have a different format. I guess my question, then, is how do I determine the true definition of "in this State" where it is used copiously within the general body of the code, but not specifically defined as it is in the above chapters I quoted?

Thank you Ed!

\o/ Paul



On Sat, Aug 2, 2014 at 2:53 PM, Ed Rivera <edrivera@edrivera.com> wrote:
Paul,

Every State-wide tax is derived from the power of legislation and taxation in the Constitution of September 17, 1787, which is found in Article I, Section 1 and Article I, Section 2 Clause 3. Like the State of California every tax will be limited to “this State.”

First, exhaust the Internet of pertinent information then:

Make a list of all the SC taxes then guess which one is the least complicated then read the codified law concerning that tax.

Ed
From:

Saturday, August 02, 2014 7:21 AM
To: Ed Rivera
Subject: Re: What Is an Article I, Section 2, Clause 3 State of the Constitution?

Dear Ed,
Were those found in the State Code of Laws or the Code of Regulations? I am dealing with South Carolina and we have a SC Code of Laws (unannotated) and a SC Code of Regulations. They are both available online, but the website offers them in hundreds of separate Word files that are not convenient to search. I'm trying to download them and compile them into one searchable document. I'll probably do both the code and the regs, but wondered where you found these?
Thanks,
Paul

On Fri, Aug 1, 2014 at 8:56 AM, Ed Rivera <edrivera@edrivera.com> wrote:
Students,

Sections of the Revenue and Taxation Code of the State of California that specifically limit taxation to federal territory within California appear below.. Find comparable revenue code sections for the Article I, Section 2 Clause 3 State within your State of the United States of America.
Ed


Property Tax
201. “All property in this State, not exempt under the laws of the United States or of this State, is subject to taxation under this code.”

Aircraft Assessment and Taxation
5304. "In this State" means within the exterior limits of the State of California, and includes all territory within these limits owned by or ceded to the United States of America.

Retail Sales Tax
6017. "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America.

Motor Vehicle Fuel Tax
7321. "In this state" or "in the state" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America.

Use Fuel Tax
8609. "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America.

Private Railroad Car Tax
11205. "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America.

Cigarette Tax
30013. "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America.

Energy Resources Surcharge
40006. "In this state" means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America.

Emergency Telephone Users Surcharge Law
41005. "In this state" means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America.
Hazardous Substances Tax Law
43009. "In this state" means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America.

Integrated Waste Management Fee Law
45008. "In this state" means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America.

Diesel Fuel Tax Law
60017. "In this state" or "in the state" means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States.

There would be no need for the inclusion in the above codes, the second sentences that tells what it includes. If it encompassed everything within the exterior limits of California.


Personal Income Tax
17014. (a) “Resident” includes:
(1) Every individual who is in this state for other than a temporary or transitory purpose.
(2) Every individual domiciled in this state who is outside the state for a temporary or transitory purpose.
(b) Any individual (and spouse) who is domiciled in this state shall be considered outside this state for a temporary or transitory purpose while that individual:
(1) Holds an elective office of the government of the United States, or
(2) Is employed on the staff of an elective officer in the legislative branch of the government of the United States as described in paragraph (1), or
(3) Holds an appointive office in the executive branch of the government of the United States (other than the armed forces of the United States or career appointees in the United States Foreign Service) if the appointment to that office was by the President of the United States and subject to confirmation by the Senate of the United States and whose tenure of office is at the pleasure of the President of the United States.
(c) Any individual who is a resident of this state continues to be a resident even though temporarily absent from the state.
(d) For any taxable year beginning on or after January 1, 1994, any individual domiciled in this state who is absent from the state for an uninterrupted period of at least 546 consecutive days under an employment-related contract shall be considered outside this state for other than a temporary or transitory purpose.
(1)For purposes of this subdivision, returns to this state, totaling in the aggregate not more than 45 days during a taxable year, shall be disregarded.
(2)This subdivision shall not apply to any individual, including any spouse described in paragraph (3), who has income from stocks, bonds, notes, or other intangible personal property in excess of two hundred thousand dollars ($200,000) in any taxable year in which the employment-related contract is in effect. In the case of an individual who is married, this paragraph shall be applied to the income of each spouse separately.
(3)Any spouse who is absent from the state for an uninterrupted period of at least 546 consecutive days to accompany a spouse who, under this subdivision, is considered outside this state for other than a temporary or transitory purpose shall, for purposes of this subdivision, also be considered outside this state for other than a temporary or transitory purpose.
(4) This subdivision shall not apply to any individual if the principal purpose of the individual’s absence from this state is to avoid any tax imposed by this part.
(Amended by Stats. 1994, Ch. 1243, Sec. 4. Effective September 30, 1994.)


Every individual who spends in the aggregate more than nine months of the taxable year within this State shall be presumed to be a resident. The presumption may be overcome by satisfactory evidence that the individual is in the State for a temporary or transitory purpose.
(Repealed and added by Stats. 1955, Ch. 939.)
17016. Every individual who spends in the aggregate more than nine months of the taxable year within this State shall be presumed to be a resident. The presumption may be overcome by satisfactory evidence that the individual is in the State for a temporary or transitory purpose.
(Repealed and added by Stats. 1955, Ch. 939.)
17017. “United States,” when used in a geographical sense, includes the states, the District of Columbia, and the possessions of the United States.
(Amended by Stats. 1961, Ch. 537.)

Logos
Site Admin
Posts: 30
Joined: Sun Jun 10, 2018 4:49 pm

Re: "in this state" or "in the state"

Post by Logos » Fri Sep 28, 2018 10:51 pm

Territorial U.S. & State Statute/Code definitions for:

*in this state*
*in the state*
*within the state*

Results don't include all States.
Not necessarily exhaustive within a State.

"Statute/Code" here means the Statutes/Codes derived (by Congress' OLRC and its State equivalents) from legislation enacted by the governing body, not the legislation itself, sometimes officially called "Statutes".

Code: Select all

AL: 40-23-60(11)
CA: HSC - 113200(d)
    RTC - 130(f)
    RTC - 5304
    RTC - 6017
    RTC - 7321
    RTC - 8609
    RTC - 11205
    RTC - 30013
    RTC - 40006
    RTC - 41005
    RTC - 42004(d)
    RTC - 43009
    RTC - 45008
    RTC - 60017
CT: 12-407(14)
FL: 212.02(8)
NE: 77-2701.17
SC: 12-36-50
    12-28-110(35)
WA: 82.04.200
This list may be updated from time to time.

Post Reply