Text: HJR00006 Text: HJR00008 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Article VII of the Constitution of the State of 1 2 Iowa is amended by adding the following new section: 1 3 THREE-FIFTHS MAJORITY TO INCREASE TAXES. Sec. 9. A bill 1 4 that contains provisions relating to taxes imposed by the 1 5 state in which the aggregate fiscal impact of these provisions 1 6 equals a net increase in state tax revenues shall require the 1 7 affirmative votes of at least three-fifths of the members of 1 8 each house of the general assembly for passage. A lawsuit 1 9 challenging the proper enactment of a bill pursuant to this 1 10 section shall be filed no later than one year following the 1 11 end of the regular or extraordinary session during which the 1 12 bill was purported to have been enacted. Failure to file a 1 13 lawsuit challenging the proper enactment of a bill pursuant to 1 14 this section within the one-year time limit shall negate the 1 15 three-fifths majority requirement of this section as it 1 16 applies to that bill. 1 17 In determining whether the aggregate fiscal impact of the 1 18 provisions relating to taxes equals a net increase in state 1 19 tax revenues, the fiscal impact of each of these provisions 1 20 shall be annualized and only those changes caused by an 1 21 affirmative act of the general assembly shall be considered. 1 22 The provisions relating to taxes shall be annualized on the 1 23 basis of five fiscal years beginning with the fiscal year 1 24 following adjournment of the regular or extraordinary session 1 25 in which the bill was enacted. However, if the latest date of 1 26 implementation of a provision relating to taxes contained in a 1 27 bill is later than five years after adjournment of the regular 1 28 or extraordinary session in which the bill was enacted, the 1 29 aggregate fiscal impact shall also include one full fiscal 1 30 year following the latest date of implementation. 1 31 "Provisions relating to taxes" means a provision enacting, 1 32 amending, or repealing a state tax, tax rate, tax exemption, 1 33 tax deduction, tax exclusion, or tax credit, or a fee 1 34 constituting a tax. "Provisions relating to taxes" does not 1 35 include provisions relating to real property taxation. 2 1 "Fee constituting a tax" means an assessment made by the 2 2 state that is prescribed in statute by formula, amount, or 2 3 limit and that has as its primary purpose the raising of 2 4 revenue, or an assessment made by the state that clearly and 2 5 materially exceeds the cost of regulation of the activity for 2 6 which the assessment is made. 2 7 Sec. 2. The foregoing proposed amendment to the 2 8 Constitution of the State of Iowa is referred to the General 2 9 Assembly to be chosen at the next general election for members 2 10 of the General Assembly and the Secretary of State is directed 2 11 to cause the same to be published for three consecutive months 2 12 before the date of that election as provided by law. 2 13 EXPLANATION 2 14 This Joint Resolution proposes an amendment to the 2 15 Constitution of the State of Iowa providing that any bill 2 16 containing provisions relating to state taxes, or fees 2 17 constituting a tax, which would result in a net increase in 2 18 state tax revenues due to the change of the law in the bill 2 19 must pass each house of the general assembly by a three-fifths 2 20 majority. 2 21 The resolution, if adopted, would be referred to the next 2 22 general assembly for consideration. 2 23 LSB 1342HH 77 2 24 sc/jj/8
Text: HJR00006 Text: HJR00008 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
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