Text: HSB00687                          Text: HSB00689
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index


House Study Bill 688

Bill Text

PAG LIN
  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    The Constitution of the State of Iowa is amended by adding
  1  4 the following new Article XIII:  
  1  5                          ARTICLE XIII
  1  6                        TAXPAYERS' RIGHTS
  1  7    SECTION 1.  The state government is subject to a revenue
  1  8 limit and a spending limit as provided in section 7.  Its
  1  9 beginning revenue limit is equal to its total revenue in the
  1 10 last fiscal year before this Article becomes effective.  This
  1 11 limit is adjusted annually for the total of (1) the cumulative
  1 12 percentage rate of inflation or deflation since the base date,
  1 13 as measured by the federal implicit price deflator for state
  1 14 and local government purchases or its successor index, and (2)
  1 15 the state's cumulative percentage population increase above
  1 16 the population at the base date.  There is no reduction or
  1 17 offset for any cumulative population decrease below the
  1 18 population at the base date.  "Population" is determined by
  1 19 the most recent federal census or federal census estimate.
  1 20 The "base date" is the date eighteen months before this
  1 21 Article becomes effective.
  1 22    SEC. 2.  "Revenue" includes all amounts received from all
  1 23 sources, including but not limited to all taxes, fees,
  1 24 charges, assessments, amounts borrowed, and other receipts,
  1 25 except these excluded amounts:  (1) amounts refunded to the
  1 26 payers; (2) gifts and contracts from nongovernmental sources;
  1 27 (3) receipts from the federal government; (4) fees voluntarily
  1 28 paid for state university hospital services, but any part of a
  1 29 fee in excess of the actual cost of providing that service is
  1 30 revenue; (5) an amount equal to the state government's net
  1 31 cost increase required by a federal law or rule, or change in
  1 32 a federal law or rule, that takes effect after this Article
  1 33 becomes effective, but only to the extent not offset by
  1 34 federal funds; (6) amounts collected pursuant to section 8 of
  1 35 Article VII; (7) amounts borrowed after approval by vote of
  2  1 the electors; (8) amounts borrowed by issuing revenue bonds on
  2  2 which no payment can be made from tax revenue; (9) receipts
  2  3 applied to repay money borrowed lawfully, including interest;
  2  4 (10) receipts applied, after this Article becomes effective,
  2  5 to increase total payments to local governments and for tax
  2  6 credits against local property taxes, to the extent that state
  2  7 law ensures a reduction of local property taxes by an amount
  2  8 at least equal to the excluded amount; and (11) amounts
  2  9 excluded from revenue by section 8.
  2 10    SEC. 3.  If state government revenue in a fiscal year
  2 11 exceeds the revenue limit, the limit for the next fiscal year
  2 12 shall be reduced by the excess amount.
  2 13    SEC. 4.  The revenue limit may be temporarily increased in
  2 14 an amount approved by a majority of the electors voting in a
  2 15 referendum.  The increase is effective for no more than five
  2 16 fiscal years.  Each referendum ballot is limited to this issue
  2 17 and shall not include any other proposal or subject.  Each
  2 18 such referendum shall be held only on the first Tuesday after
  2 19 the first Monday in June or the first Tuesday after the first
  2 20 Monday in November.
  2 21    SEC. 5.  The revenue limit may be temporarily increased by
  2 22 law adopted by two-thirds vote of the whole membership of each
  2 23 house of the General Assembly and approved by the Governor.
  2 24 Each such law is effective for only one fiscal year.
  2 25    SEC. 6.  Any change under section 3, 4, or 5 is effective
  2 26 only for the specified fiscal year or years and does not
  2 27 affect computation of the limit under section 1.
  2 28    SEC. 7.  Total state government spending in a fiscal year
  2 29 shall not exceed the spending limit, which is equal to the sum
  2 30 of the (1) revenue limit for that year, adjusted for any
  2 31 change under section 3, 4, or 5, or actual revenue, whichever
  2 32 is less; (2) actual receipts in that year which are excluded
  2 33 from revenue by section 2; and (3) net unspent funds carried
  2 34 over from the preceding year.  "Spending" includes all outlays
  2 35 for all purposes, unless expressly excluded by section 8.
  3  1    SEC. 8.  "Revenue" includes all receipts for state
  3  2 government trust funds for retirement, medical, or other
  3  3 benefits, but earnings of these trust funds are excluded from
  3  4 both revenue and spending.  "Spending" includes all payments
  3  5 and transfers into these trust funds, and excludes payments
  3  6 out of these trust funds for the kind of benefits for which
  3  7 the payments into the trust fund were made.  Payments for
  3  8 expenses of administration are included in spending.  "Net
  3  9 unspent funds" excludes these trust funds.  This section also
  3 10 applies to any state government trust fund for unemployment
  3 11 benefits and to the state's unemployment trust fund account
  3 12 with the federal government, except that (1) its receipts,
  3 13 including reimbursements for benefits paid but excluding
  3 14 penalties and interest, are excluded from revenue to the
  3 15 extent that federal law requires them to be deposited promptly
  3 16 with the federal government as a condition of federal approval
  3 17 of the state's unemployment program, and (2) amounts lawfully
  3 18 paid as unemployment benefits are excluded from spending.
  3 19    SEC. 9.  In each fiscal year the percentage of state
  3 20 government spending that consists of state transfers to local
  3 21 governments and tax credits against local taxes shall be at
  3 22 least equal to that percentage in the last fiscal year before
  3 23 this Article becomes effective.
  3 24    SEC. 10.  If a state law or rule, or change in a state law
  3 25 or rule, that takes effect after this Article becomes
  3 26 effective requires a local government to incur a net cost
  3 27 increase, the State shall pay to the local government the
  3 28 amount of the necessary net cost increase.  The local
  3 29 government need not comply with the law, rule, or change until
  3 30 the State has complied with this section.
  3 31    SEC. 11.  Any state government plan for retirement or other
  3 32 employee benefits shall be completely funded within ten years
  3 33 after this Article becomes effective and at all times
  3 34 thereafter, in accordance with generally accepted actuarial
  3 35 and accounting principles.
  4  1    SEC. 12.  The state government shall use consistent
  4  2 accounting, in accordance with generally accepted accounting
  4  3 principles, for all purposes.
  4  4    SEC. 13.  This Article creates fundamental and inalienable
  4  5 rights in each taxpayer and each citizen.  Any infringement of
  4  6 these rights shall be subjected to strictest scrutiny.  This
  4  7 Article shall be interpreted and implemented to achieve its
  4  8 purpose to limit the growth rate of revenue and spending of
  4  9 the state government.  Any taxpayer or citizen has standing to
  4 10 sue by individual or class action to enforce this Article and
  4 11 laws implementing it and, if successful, shall be reimbursed
  4 12 for all reasonable attorney fees and other expenses of the
  4 13 suit.
  4 14    SEC. 14.  This Article becomes effective for the first
  4 15 state fiscal year beginning at least six months after its
  4 16 approval and ratification by the electors.  The State, by law,
  4 17 shall implement this Article and may adopt further
  4 18 restrictions and limits.  However, all provisions of this
  4 19 Article are self-executing and severable.
  4 20    Sec. 2.  DECLARATION OF INTENT.  It is the intent of the
  4 21 General Assembly in agreeing to this proposed amendment that:
  4 22    1.  This declaration of intent shall be relied on by the
  4 23 electors and the courts, with the same results as if it were
  4 24 in the Constitution.
  4 25    2.  Article XIII requires all amounts borrowed to be
  4 26 included in revenue, except the two kinds of borrowing
  4 27 expressly excluded by section 2 of Article XIII.  Article XIII
  4 28 does not authorize any borrowing and does not impair the debt
  4 29 limits and other provisions of Article VII.  It does not
  4 30 impair any law that limits taxes, revenue, spending,
  4 31 borrowing, or debt or that requires approval by the electors
  4 32 for a tax, tax increase, borrowing, or debt, including laws
  4 33 requiring more than a majority vote and laws allowing the
  4 34 electors to approve borrowing or debt for any stated number of
  4 35 years.  It does not impair any contract in existence when
  5  1 Article XIII becomes effective.
  5  2    3.  In each referendum under section 4 of Article XIII, the
  5  3 ballot and published notice shall clearly state:  that the
  5  4 proposal would allow the state government to increase its
  5  5 taxes and other revenue by a stated amount above its
  5  6 constitutional limit for each fiscal year during a stated
  5  7 period; the total increase for that period; and the amount of
  5  8 the revenue limit under section 1 of Article XIII for the
  5  9 preceding and current fiscal years and for the next fiscal
  5 10 year, estimated if necessary.
  5 11    4.  Official revisions of inflation and population data
  5 12 affect the revenue limit for future fiscal years, but do not
  5 13 change the limit for the fiscal year in which a revision is
  5 14 made or for prior years.
  5 15    5.  If the state government excludes an amount from revenue
  5 16 or spending under any provision of Article XIII, it must
  5 17 accurately determine and establish the correct amount
  5 18 excluded.
  5 19    6.  "Government" includes all parts, agencies, enterprises,
  5 20 and operations of a government.  "Local government" includes
  5 21 each city, county, school district, special district, and
  5 22 political subdivision in the State.
  5 23    7.  If the state government has a deficit of net unspent
  5 24 funds at the end of a fiscal year, the deficit is subtracted
  5 25 in computing the next year's spending limit under section 7 of
  5 26 Article XIII.  However, section 7 is intended to prevent any
  5 27 such deficit and to require the state government to operate on
  5 28 a balanced budget.
  5 29    8.  If a tax is lawfully imposed by a local government or
  5 30 its electors, and the state government collects for and remits
  5 31 to that local government the entire amount of the tax, that
  5 32 amount, excluding amounts retained by the state government to
  5 33 pay administrative costs, is not state government revenue.
  5 34    Sec. 3.  It is the intent of the General Assembly that the
  5 35 declaration of intent in section 2 be placed on the ballot
  6  1 containing the question of ratification of this proposed
  6  2 amendment to the Constitution.
  6  3    Sec. 4.  The foregoing proposed amendment to the
  6  4 Constitution of the State of Iowa is referred to the General
  6  5 Assembly to be chosen at the next general election for members
  6  6 of the General Assembly and the Secretary of State is directed
  6  7 to cause it to be published for three consecutive months
  6  8 previous to the date of that election as provided by law.  
  6  9                           EXPLANATION
  6 10    This proposed Taxpayers' Rights Amendment adds a new
  6 11 Article to the Iowa Constitution.  It limits the future growth
  6 12 rate of the total revenue and total spending of the state
  6 13 government, with some exceptions.
  6 14    The state government's beginning revenue limit is equal to
  6 15 its total revenue in the last fiscal year before this
  6 16 amendment becomes effective.  This limit is adjusted annually
  6 17 for the combined total of cumulative inflation or deflation
  6 18 and any cumulative population increase after the base date.
  6 19 The population adjustment can rise or fall, but it cannot fall
  6 20 below the population at the base date.  The base date is 18
  6 21 months before this amendment becomes effective.
  6 22    The state government's spending limit is equal to its
  6 23 revenue limit, or actual revenue if less, for that year, plus
  6 24 almost all actual receipts which are outside the revenue
  6 25 limit, plus unspent funds carried over.  This will require the
  6 26 State to operate on a balanced budget.
  6 27    The revenue limit can be temporarily increased in either of
  6 28 two ways:
  6 29    1.  A majority vote of the people in a state referendum can
  6 30 increase the limit in any amount, for any purpose, and for any
  6 31 period up to five years.
  6 32    2.  A vote of two-thirds of all members of each house of
  6 33 the General Assembly, with the governor's approval, can
  6 34 increase the limit for one year.
  6 35    If actual state revenue exceeds the revenue limit, the
  7  1 limit for the next year is reduced by the excess amount.  The
  7  2 excess revenue cannot be spent in the year it is received but
  7  3 can be spent in any future year.  This is intended to help the
  7  4 State even out the good and bad economic years.
  7  5    The State must maintain the percentage of total state
  7  6 spending that consists of state transfers to local governments
  7  7 and tax credits against local taxes, at least equal to that
  7  8 percentage in the last fiscal year before this amendment
  7  9 becomes effective.  This is intended to protect local
  7 10 governments and property taxpayers.
  7 11    The State must pay for a state-mandated net cost increase
  7 12 imposed on a local government after this amendment becomes
  7 13 effective.  The local government need not obey the mandate
  7 14 until the State has complied.
  7 15    The revenue limits include nearly all taxes and most other
  7 16 revenue.  Receipts outside the revenue limit are:  amounts
  7 17 refunded; private gifts and contracts; receipts from the
  7 18 federal government; a fee for state university hospital
  7 19 services, if the fee does not exceed the cost of the service;
  7 20 the amount of a net cost increase caused by a new or changed
  7 21 federal mandate and not offset by federal funds; motor vehicle
  7 22 registration fees and motor vehicle fuel taxes which are
  7 23 constitutionally earmarked for roads; amounts borrowed with
  7 24 the voters' approval; amounts borrowed by revenue bonds not
  7 25 payable from taxes; receipts used to repay borrowed money;
  7 26 amounts paid to local governments or used to fund property tax
  7 27 credits if the law requires a local government to reduce
  7 28 property taxes in an equal amount; and earnings of trust
  7 29 funds.
  7 30    If actual revenue is below the revenue limit, this does not
  7 31 reduce any future revenue limit.  Thus, the State is not
  7 32 penalized for holding its revenue and spending below the
  7 33 limit.
  7 34    Sound funding of any state retirement or benefit plan for
  7 35 employees is required within 10 years.
  8  1    The state government is required to follow generally
  8  2 accepted accounting principles.
  8  3    Any taxpayer or citizen may sue to enforce this new Article
  8  4 of the Constitution.
  8  5    Explanatory language is included in a separate declaration
  8  6 of intent which will not become part of the Constitution but
  8  7 will serve as a guide for interpretation.
  8  8    This resolution, if adopted, will be referred to the next
  8  9 General Assembly.  If the next General Assembly adopts this
  8 10 resolution, the amendment will be submitted to the voters for
  8 11 their decision on ratification.  
  8 12 LSB 4341YC 77
  8 13 sc/jw/5
     

Text: HSB00687                          Text: HSB00689
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 26 03:45:51 CST 1998
URL: /DOCS/GA/77GA/Legislation/HSB/00600/HSB00688/980225.html
jhf