Bill Text: MS HC33 | 2010 | Regular Session | Introduced


Bill Title: United States Constitution; request Congress to call convention to adopt flat-rate income tax.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-28 - Died In Committee [HC33 Detail]

Download: Mississippi-2010-HC33-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Rules

By: Representatives Moore, Rogers (61st)

House Concurrent Resolution 33

A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO A FLAT-RATE INCOME TAX SYSTEM AND URGING AND REQUESTING THE LEGISLATIVE BODIES OF THE SEVERAL STATES TO APPLY TO THE CONGRESS TO CALL SUCH A CONVENTION.

     WHEREAS, the United States Constitution provides that, on the application of the legislatures of two-thirds (2/3) of the several states, the Congress shall call a convention for the purpose of proposing an amendment or amendments to the United States Constitution, which amendment or amendments when so proposed by such a convention must be ratified by the legislatures of, or conventions in, three-fourths (3/4) of the states to become valid:  NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Congress of the United States is hereby requested to call a convention pursuant to Article V of the United States Constitution for the sole purpose of proposing an amendment to the United States Constitution, which amendment shall be substantially as follows:

                   "ARTICLE______

     Section 1.  This article may be cited as the Flat-Rate Income Tax System Amendment.

     Section 2.  Each individual employed at any time during the year will pay a tax of no more than ten percent (10%) of his compensation, less his personal allowance, or no tax if his compensation is less than his personal allowance.

     "Compensation" means all cash amounts paid by an employer or received by an employee, including wages, pensions, bonuses and awards.

     Section 3.  Each business will pay a tax of no more than ten percent (10%) of its business taxable income or zero (0) if business taxable income is negative.

          (a)  "Business" means a sole proprietorship, partnership or corporation.  "Business" does not include state or local governments or their subsidiary units, and does not include any educational, religious, charitable, philanthropic, cultural or community service organization that does not return income to individual and corporate owners.

          (b)  "Business taxable income" means business receipts less the cost of business inputs, less compensation paid to employees, and less the cost of capital equipment, structures and land.

     Section 4.  Each employer will withhold from the wages, salaries and pensions of its employees and remit to the federal government an amount computed as follows:  ten percent (10%) of the excess of compensation in each pay period over the employee's annual personal allowance, prorated for the length of the pay period.  Every employee will receive a credit against income tax

for the amount withheld."

     BE IT FURTHER RESOLVED, That the Congress of the United States is hereby requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes and become a part of the Constitution of the United States when ratified by the legislatures of three-fourths (3/4) of the several states.

     BE IT FURTHER RESOLVED, That the Legislature of the State of Mississippi does hereby urge and request the legislative bodies of the several states to apply to the Congress of the United States to call a convention for the sole purpose of proposing this amendment to the Constitution of the United States.

     BE IT FURTHER RESOLVED, That a copy of this resolution shall be transmitted to the President of the United States Senate and to the Speaker of the United States House of Representatives; to each member of the delegation of the State of Mississippi in the Congress of the United States; and to the presiding officers of each house of the legislative bodies of the several states of the Union.

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