Bill Text: IA SJR14 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A joint resolution proposing amendments to the Constitution of the State of Iowa relating to requirements for certain state tax law changes and creating a taxpayer relief fund.(Formerly SSB 1207.)

Spectrum: Committee Bill

Status: (Introduced) 2024-01-09 - Subcommittee: Dawson, Koelker, and Winckler. S.J. 60. [SJR14 Detail]

Download: Iowa-2023-SJR14-Introduced.html
Senate Joint Resolution 14 - Introduced SENATE JOINT RESOLUTION 14 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1207) SENA TE JOINT RESOLUTION A Joint Resolution proposing amendments to the Constitution of 1 the State of Iowa relating to requirements for certain state 2 tax law changes and creating a taxpayer relief fund. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2537SV (2) 90 jm/jh
S.J.R. 14 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 The Constitution of the State of Iowa is amended by adding 3 the following new section to new Article XIII: 4 ARTICLE XIII. 5 TAXATION LIMITATIONS. 6 Section 1. Two-thirds majority vote for state tax law 7 changes. Passage of a bill that increases the individual 8 income tax rate or the corporate income tax rate, or the rate 9 of any other type of tax based upon income, shall require the 10 affirmative votes of at least two-thirds of the members elected 11 to each house of the general assembly. This requirement does 12 not apply to taxes imposed at the option of a local government. 13 Passage of a bill that establishes a new tax on any type of 14 income imposed by the state shall require the affirmative votes 15 of at least two-thirds of the members elected to each house of 16 the general assembly. 17 A lawsuit challenging the proper enactment of a bill under 18 this section must be filed no later than one year following the 19 enactment. If such a lawsuit is not filed within the one-year 20 limit, the bill shall be considered properly enacted under this 21 section. 22 Each bill to which this section applies must include a 23 separate provision describing the requirements for enactment 24 prescribed by this section. 25 The general assembly shall enact laws to implement this 26 section. 27 Sec. 2. The following amendment to the Constitution of the 28 State of Iowa is proposed: 29 The Constitution of the State of Iowa is amended by adding 30 the following new section to new Article XIII: 31 ARTICLE XIII. 32 TAXATION LIMITATIONS. 33 Sec. 2. Taxpayer relief fund. A taxpayer relief fund is 34 created within the treasury for the purposes of reductions to 35 -1- LSB 2537SV (2) 90 jm/jh 1/ 3
S.J.R. 14 income tax rates or sales and use tax rates, as determined by 1 the general assembly. Moneys in the fund shall be exclusively 2 appropriated or transferred by law for these purposes. The 3 general assembly shall determine the type of, amount of, and 4 manner in which state moneys are credited to, deposited in, or 5 transferred to the fund. The general assembly shall provide 6 by law for the implementation of this section, including by 7 providing for the administration of the fund. 8 Sec. 3. REFERRAL AND PUBLICATION. The foregoing proposed 9 amendments to the Constitution of the State of Iowa are 10 referred to the general assembly to be chosen at the next 11 general election for members of the general assembly, and shall 12 be published as provided by law for three months previous to 13 the date of that election. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This joint resolution proposes amendments to the 18 Constitution of the State of Iowa by restricting certain state 19 tax law changes and creating a taxpayer relief fund. 20 RESTRICTIONS ON CERTAIN STATE TAX LAW CHANGES. The 21 amendment requires a bill that increases the individual income 22 tax rate or corporate income tax rate, or the rate of any 23 other type of tax based upon income, to be adopted by at least 24 two-thirds of the members elected to each house of the general 25 assembly. In addition, the amendment requires a bill that 26 establishes a new tax on any type of income imposed by the 27 state to be adopted by at least two-thirds of the members 28 elected to each house of the general assembly. A lawsuit 29 challenging enactment of a bill subject to the two-thirds 30 majority passage requirement must be filed no later than 31 one year following the enactment of the bill. Finally, the 32 amendment requires the general assembly to enact laws to 33 implement the amendment. 34 TAXPAYER RELIEF FUND. Under current law (Code section 35 -2- LSB 2537SV (2) 90 jm/jh 2/ 3
S.J.R. 14 8.57E), a taxpayer relief fund is created for purposes of 1 appropriations or transfers made by the general assembly for 2 tax relief or reductions in income tax rates. The amendment 3 sets forth a similar provision in the Constitution of the State 4 of Iowa by creating a taxpayer relief fund for the purposes of 5 reductions to income tax rates or sales and use tax rates. The 6 amendment requires the moneys in the taxpayer relief fund to be 7 exclusively appropriated or transferred by law for the purposes 8 of reductions to income tax rates or sales and use tax rates. 9 REFERRAL. The resolution, if adopted, would be published 10 and then referred to the next general assembly (91st) for 11 adoption, before being submitted to the electorate for 12 ratification. 13 -3- LSB 2537SV (2) 90 jm/jh 3/ 3
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