Senate Study Bill 3064 - Introduced SENATE JOINT RESOLUTION _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS RESOLUTION BY CHAIRPERSON DAWSON) SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa requiring a two-thirds majority vote 2 for certain state tax law changes. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5529XC (6) 89 ns/jh
S.J.R. _____ Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Article III, Legislative Department, Constitution of the 3 State of Iowa, is hereby amended by adding the following new 4 section: 5 Sec. 41. Two-thirds majority vote for state tax law 6 changes. Passage of a bill that increases the individual income 7 tax rate, the corporate income tax rate, the sales tax rate, 8 or the use tax rate shall require the affirmative votes of at 9 least two-thirds of the members elected to each house of the 10 general assembly. This requirement does not apply to taxes 11 imposed at the option of a local government. 12 Passage of a bill that establishes a new tax to be imposed 13 by the state shall require the affirmative votes of at least 14 two-thirds of the members elected to each house of the general 15 assembly. 16 A lawsuit challenging the proper enactment of a bill under 17 this section must be filed no later than one year following the 18 enactment. If such a lawsuit is not filed within the one-year 19 limit, the bill shall be considered properly enacted under this 20 section. 21 Each bill to which this section applies must include a 22 separate provision describing the requirements for enactment 23 prescribed by this section. 24 The general assembly shall enact laws to implement this 25 section. 26 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 27 amendment to the Constitution of the State of Iowa is referred 28 to the general assembly to be chosen at the next general 29 election for members of the general assembly, and shall be 30 published as provided by law for three months previous to the 31 date of that election. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5529XC (6) 89 ns/jh 1/ 2
S.J.R. _____ This joint resolution proposes an amendment to the 1 Constitution of the State of Iowa requiring a two-thirds 2 majority vote for certain tax law changes. 3 The amendment requires a bill that increases the individual 4 income tax rate, corporate income tax rate, sales tax rate, 5 or use tax rate to be adopted by at least two-thirds of the 6 members elected to each house of the general assembly. In 7 addition, the amendment requires a bill that establishes a 8 new tax to be imposed by the state to be adopted by at least 9 two-thirds of the members elected to each house of the general 10 assembly. A lawsuit challenging enactment of a bill subject 11 to the two-thirds majority passage requirement must be filed 12 no later than one year following the enactment of the bill. 13 Finally, the amendment requires the general assembly to enact 14 laws to implement the amendment. 15 The resolution, if adopted, would be published and then 16 referred to the next general assembly (90th) for adoption, 17 before being submitted to the electorate for ratification. 18 -2- LSB 5529XC (6) 89 ns/jh 2/ 2