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Senate Study Bill 1187

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 section to new Article XIII:  
  1  5                          ARTICLE XIII
  1  6           REFERENDUM ON TAXATION OR FEE LAW CHANGES.
  1  7    REFERENDUM ON TAXATION OR FEE INCREASES.  SECTION 1.
  1  8    1.  The General Assembly shall not increase taxes or fees
  1  9 if the increases in total produce new annual revenues greater
  1 10 than one percent of total state general fund revenues received
  1 11 in the fiscal year ending prior to enactment of such
  1 12 increases, unless approved by the electors.  In the event that
  1 13 an individual or series of taxation or fee increases exceed
  1 14 the one percent revenue increase limitation established in
  1 15 this subsection, the taxes or fees shall be submitted by the
  1 16 General Assembly to the electors for approval starting with
  1 17 the largest increase in the given year, and including all
  1 18 increases in descending order, until the aggregate of the
  1 19 remaining increases and reductions are less than the one
  1 20 percent revenue increase limitation.
  1 21    2.  The term "new annual revenues" means the estimated net
  1 22 increase in annual state general fund revenues produced by the
  1 23 total of all taxation or fee increases enacted by the General
  1 24 Assembly for the first fiscal year in which such increases are
  1 25 fully effective, less the estimated refunds to be paid during
  1 26 that same fiscal year as a result of the taxation or fee
  1 27 increases and less all contemporaneously occurring taxation or
  1 28 fee reductions in that same fiscal year, and shall not include
  1 29 interest earnings on the proceeds of the taxation or fee
  1 30 increase.  For purposes of this calculation, "enacted by the
  1 31 General Assembly" shall include any and all bills that are
  1 32 passed in a fiscal year, except bills vetoed and portions of
  1 33 appropriation bills item vetoed by the Governor and not
  1 34 overridden by the General Assembly.  Each individual taxation
  1 35 or fee increase shall be measured by the estimated new annual
  2  1 revenues to be collected during the first fiscal year in which
  2  2 the taxation or fee increase is fully effective.  The terms
  2  3 "increase taxes or fees" and "taxation or fee increases" mean
  2  4 any law or laws passed by the General Assembly after January
  2  5 1, 2007, that increase the rate of an existing tax or fee,
  2  6 impose a new tax or fee, or broaden the scope of a tax or fee
  2  7 to include an additional class of property, activity, or
  2  8 income, but shall not include the extension of an existing tax
  2  9 or fee which was set to expire or be reduced in rate.
  2 10    3.  Compliance with the one percent revenue increase
  2 11 limitation shall be measured by calculating the aggregate
  2 12 actual new annual revenues produced in the first fiscal year
  2 13 in which each individual taxation or fee change is fully
  2 14 effective.
  2 15    ENFORCEMENT OF REFERENDUM REQUIREMENT.  SEC. 2.  Any
  2 16 taxpayer or statewide elected official may, within one year of
  2 17 enactment of a bill containing taxation or fee increases,
  2 18 bring suit to enforce compliance with the provisions of
  2 19 section 1 of this article.  Failure to file such a lawsuit
  2 20 within the one-year time period shall negate the elector
  2 21 approval requirement as the requirement applies to the bill.
  2 22 The Supreme Court shall have original jurisdiction to hear any
  2 23 challenge brought by any taxpayer or statewide elected
  2 24 official to enforce this section.  In such enforcement
  2 25 actions, the court shall invalidate the taxes and fees which
  2 26 should have received approval by the electors as provided in
  2 27 section 1, subsection 1, of this article.  The court shall
  2 28 order remedies of the amount of revenue collected in excess of
  2 29 the revenue limitations as the court finds appropriate in
  2 30 order to allow such amounts to be refunded or to reduce taxes
  2 31 or fees in the future to offset the excess monies collected.
  2 32    If the suit is sustained, the taxpayer or official bringing
  2 33 suit shall receive from the state the costs of bringing suit,
  2 34 including attorney fees.
  2 35    EXCEEDING REVENUE INCREASE LIMITATION.  SEC. 3.  The one
  3  1 percent revenue increase limitation of section 1 of this
  3  2 article may be exceeded only if all of the following
  3  3 conditions are met:  (1) the Governor requests the General
  3  4 Assembly to declare an emergency; (2) the request is specific
  3  5 as to the nature of the emergency, the expenditure amount
  3  6 needed to respond to the emergency, and the method by which
  3  7 the emergency expenditures will be funded; and (3) the General
  3  8 Assembly thereafter declares an emergency in accordance with
  3  9 the specifics of the Governor's request by a two-thirds vote
  3 10 of the members elected to and serving in each house.  The
  3 11 emergency must be declared in accordance with this section
  3 12 prior to obligating any of the emergency expenditures
  3 13 requested.  The one percent revenue increase limitation may be
  3 14 exceeded only during the fiscal year for which the emergency
  3 15 is declared.  In no event shall any part of the amount
  3 16 representing a refund under section 1 of this article be the
  3 17 subject of an emergency request.
  3 18    IMPLEMENTATION.  SEC. 4.  The General Assembly shall enact
  3 19 laws to implement sections 1 through 3 of this Article.
  3 20    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing proposed
  3 21 amendment to the Constitution of the State of Iowa is referred
  3 22 to the General Assembly to be chosen at the next general
  3 23 election for members of the General Assembly and the Secretary
  3 24 of State is directed to cause it to be published for three
  3 25 consecutive months previous to the date of that election as
  3 26 provided by law.  
  3 27                           EXPLANATION
  3 28    This joint resolution proposes an amendment creating a new
  3 29 Article XIII to the Constitution of the State of Iowa which
  3 30 relates to increases in taxes and fees by the general
  3 31 assembly.
  3 32    The amendment requires that a law increasing a tax or fee
  3 33 that would result in new annual revenues of more than 1
  3 34 percent of total state general fund revenues received in the
  3 35 fiscal year preceding enactment of the law must receive voter
  4  1 approval at an election.  The amendment defines "new annual
  4  2 revenues".
  4  3    The amendment allows the general assembly at the governor's
  4  4 request to exceed the 1 percent revenue limitation on
  4  5 increases in taxes or fees in emergency situations as
  4  6 prescribed by the amendment.
  4  7    The amendment provides that any taxpayer or statewide
  4  8 elected official may bring suit to enforce compliance with the
  4  9 referendum requirement within one year of enactment of a tax
  4 10 or fee increase.  The amendment also provides that the general
  4 11 assembly shall enact laws to implement the amendment.
  4 12    The resolution, if adopted, will be referred to the next
  4 13 general assembly.  If the next general assembly adopts the
  4 14 resolution, the amendment will be submitted to the voters for
  4 15 their decision on ratification of the constitutional
  4 16 amendment.  
  4 17 LSB 2535XC 80
  4 18 sc/pj/5
     

Text: SSB01186                          Text: SSB01188
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