2004 Legislation
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HOUSE JOINT RESOLUTION NO. 5 – Tax rate increase, 2/3 majority

HOUSE JOINT RESOLUTION NO. 5

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Bill Status



HJR005..............................................by REVENUE AND TAXATION
TAX RATE - INCREASE - Proposing an amendment to the Constitution of the
State of Idaho to provide that on and after January 1, 2005, any action
taken by the Legislature that would increase the rate of the state sales
and use tax, the state individual income tax, and the state corporate or
franchise tax, shall be approved by two-thirds of the entire membership of
the House of Representatives, two-thirds of the entire membership of the
Senate, and the Governor.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE JOINT RESOLUTION NO. 5
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                  A JOINT RESOLUTION
  2    PROPOSING AN AMENDMENT TO ARTICLE VII, OF THE CONSTITUTION  OF  THE  STATE  OF
  3        IDAHO,  RELATING  TO FINANCE AND REVENUE, BY THE ADDITION OF A NEW SECTION
  4        18, ARTICLE VII, TO PROVIDE THAT ANY ACTION TAKEN BY THE LEGISLATURE  THAT
  5        WOULD INCREASE THE RATE OF THE STATE SALES AND USE TAX, THE STATE INDIVID-
  6        UAL  INCOME  TAX,  AND  THE  STATE  CORPORATE  OR  FRANCHISE TAX, SHALL BE
  7        APPROVED BY TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THE HOUSE OF  REPRESEN-
  8        TATIVES, TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THE SENATE, AND THE GOVER-
  9        NOR; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE
 10        LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECT-
 11        ING  THE  SECRETARY  OF  STATE  TO  PUBLISH THE AMENDMENT AND ARGUMENTS AS
 12        REQUIRED BY LAW.
                                                                        
 13    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Article VII, of the Constitution of the State of Idaho be
 15    amended by the addition thereto of a NEW SECTION, to be known  and  designated
 16    as Section 18, Article VII, and to read as follows:
                                                                        
 17             SECTION 18.  MAJORITY REQUIRED FOR INCREASE IN TAX RATES. On and
 18        after January 1, 2005, any action taken by the legislature that would
 19        increase  the rate of the state sales and use tax, the state individ-
 20        ual income tax, and the state corporate or franchise  tax,  shall  be
 21        approved  by two-thirds of the entire membership of the house of rep-
 22        resentatives, two-thirds of the entire membership of the senate,  and
 23        the governor.
                                                                        
 24        SECTION  2.  The  question to be submitted to the electors of the State of
 25    Idaho at the next general election shall be as follows:
 26        "Shall Article VII, of the Constitution of the State of Idaho  be  amended
 27    by  the  addition of a new Section 18, Article VII, to provide that any action
 28    taken by the Legislature that would increase the rate of the state  sales  and
 29    use tax, the state individual income tax, and the state corporate or franchise
 30    tax,  shall be approved by two-thirds of the entire membership of the House of
 31    Representatives, two-thirds of the entire membership  of the Senate,  and  the
 32    Governor?".
                                                                        
 33        SECTION 3.  The Legislative Council is directed to prepare the statements
 34    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 35        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 36    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13754
This resolution proposes to amend the Idaho Constitution to
provide that on and after January 1, 2005 any action taken by the
legislature that would increase the rate of the state sales and
use tax, the state individual income tax, and the state corporate
or franchise tax, shall be approved by two-thirds of the entire
membership of the house of representatives, two-thirds of the
entire membership of the senate, and signed by the governor.  

If this legislation receives the needed 2/3 approval in both the
house of representatives and the senate it will then be placed on
the November 2004 ballot to be ratified by the voters of the
State of Idaho. 
                          FISCAL IMPACT           
The fiscal impact from this legislation will be realized by the
taxpayers of the State of Idaho.  This proposal is designed to
control the growth of government. 



Contact                                 
Name: Rep. Ken Roberts                  
      Rep. Janice McGeachin
Co-sponsors
      Rep. Bruce Newcomb                                        
      Rep. Lawrence Denney
      Rep. Mike Moyle
      Rep. Shirley McKague              
                    
                         
                    
                                                  
Phone: 332-1000                                   
STATEMENT OF PURPOSE/FISCAL NOTE                     HJR 005