Text: SF02125 Text: SF02127 Text: SF02100 - SF02199 Text: SF 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 enacted. Failure to file a lawsuit 1 13 challenging the proper enactment of a bill pursuant to this 1 14 section within the one-year time limit shall negate the three- 1 15 fifths majority requirement of this section as it applies to 1 16 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 in statute that any bill containing 2 12 provisions relating to state taxes, or fees constituting a 2 13 tax, which would result in a net increase in state revenues 2 14 must pass each house of the general assembly by a three-fifths 2 15 majority. 2 16 LSB 3250XS 77 2 17 sc/jl/8
Text: SF02125 Text: SF02127 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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