Text: HF00087 Text: HF00089 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 2.34 THREE-FIFTHS MAJORITY TO
1 2 INCREASE TAXES.
1 3 1. A bill that contains provisions relating to taxes
1 4 imposed by the state in which the aggregate fiscal impact of
1 5 these provisions equals a net increase in state tax revenues
1 6 shall require the affirmative votes of at least three-fifths
1 7 of the members of each house of the general assembly for
1 8 passage.
1 9 A lawsuit challenging the proper enactment of a bill
1 10 pursuant to this section shall be filed no later than one year
1 11 following the end of the regular or extraordinary session
1 12 during which the bill was purported to have been enacted.
1 13 Failure to file a lawsuit challenging the proper enactment of
1 14 a bill pursuant to this section within the one-year time limit
1 15 shall negate the three-fifths majority requirement of this
1 16 section as it applies to that bill.
1 17 2. For purposes of this section, unless the context
1 18 otherwise requires:
1 19 a. "Provisions relating to taxes" means a provision
1 20 enacting, amending, or repealing a state tax, tax rate, tax
1 21 exemption, tax deduction, tax exclusion, or tax credit, or a
1 22 fee constituting a tax. "Provisions relating to taxes" does
1 23 not include provisions relating to real property taxation.
1 24 b. "Fee constituting a tax" means an assessment made by
1 25 the state that is prescribed in statute by formula, amount, or
1 26 limit and that has as its primary purpose the raising of
1 27 revenue, or an assessment made by the state that clearly and
1 28 materially exceeds the cost of regulation of the activity for
1 29 which the assessment is made.
1 30 3. In determining whether the aggregate fiscal impact of
1 31 the provisions relating to taxes equals a net increase in
1 32 state tax revenues, the fiscal impact of each of these
1 33 provisions shall be annualized and only those changes caused
1 34 by an affirmative act of the general assembly shall be
1 35 considered. The provisions relating to taxes shall be
2 1 annualized on the basis of five fiscal years beginning with
2 2 the fiscal year following adjournment of the regular or
2 3 extraordinary session in which the bill was enacted. However,
2 4 if the latest date of implementation of a provision relating
2 5 to taxes contained in a bill is later than five years after
2 6 adjournment of the regular or extraordinary session in which
2 7 the bill was enacted, the aggregate fiscal impact shall also
2 8 include one full fiscal year following the latest date of
2 9 implementation.
2 10 EXPLANATION
2 11 This bill provides that any bill containing provisions
2 12 relating to state taxes, or fees constituting a tax, which
2 13 would result in a net increase in state revenues must pass
2 14 each house of the general assembly by a three-fifths majority.
2 15 LSB 1341HH 77
2 16 sc/jj/8
Text: HF00087 Text: HF00089 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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