2008 Legislation
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HOUSE JOINT RESOLUTION NO. 4<br /> – Sales tax, city/county

HOUSE JOINT RESOLUTION NO. 4

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Bill Status



HJR004..............................................by REVENUE AND TAXATION
SALES TAX - Proposing an amendment to the Constitution of the State of
Idaho by the addition of a new section to authorize counties or cities to
levy a sales and use tax within their jurisdictions; to provide that the
proceeds from such tax in excess of the necessary costs of collection and
administration and any refund or credits authorized by law, shall be used
exclusively as provided by law; to provide that no tax pursuant to the
section shall be levied without approval of two-thirds of the qualified
electors of a county or city voting at an election held by law in November
of each year; and to provide that the section shall not apply to any sales
and use tax authorized by law and that was imposed by a county or city
prior to November 1, 2008.

03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to Rev/Tax
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 51-19-0
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark, Collins,
      Crane, Eskridge, Hagedorn, Hart, Harwood, Henderson, Kren, Labrador,
      Lake, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Patrick, Raybould, Roberts, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Snodgrass, Stevenson, Thayn,
      Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen,
      King, LeFavour, Pasley-Stuart, Pence, Ringo, Ruchti, Rusche, Sayler,
      Shively, Smith(30), Smith(24)
      Absent and excused -- None
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/24    Senate intro - 1st rdg - to St Aff
03/26    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg
04/02    Ret'd to St Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                HOUSE JOINT RESOLUTION NO. 4

                             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,  BY  THE ADDITION OF A NEW SECTION 19, ARTICLE VII OF THE CONSTITU-
  4        TION OF THE STATE OF IDAHO  RELATING TO FINANCE AND REVENUE TO  ALLOW  THE
  5        LEGISLATURE  TO  AUTHORIZE  COUNTIES OR CITIES TO LEVY A SALES AND USE TAX
  6        WITHIN THEIR JURISDICTIONS, TO PROVIDE THAT THE PROCEEDS FROM SUCH TAX  IN
  7        EXCESS  OF  THE  NECESSARY  COSTS OF COLLECTION AND ADMINISTRATION AND ANY
  8        REFUND OR CREDITS AUTHORIZED BY LAW, SHALL BE USED EXCLUSIVELY AS PROVIDED
  9        BY LAW, TO PROVIDE THAT NO TAX PURSUANT TO THE  SECTION  SHALL  BE  LEVIED
 10        WITHOUT  APPROVAL  OF  TWO-THIRDS OF THE QUALIFIED ELECTORS OF A COUNTY OR
 11        CITY VOTING AT THE ELECTION HELD BY LAW IN NOVEMBER OF EACH  YEAR  AND  TO
 12        PROVIDE THAT THE SECTION SHALL NOT  APPLY TO ANY SALES AND USE TAX AUTHOR-
 13        IZED  BY LAW AND THAT WAS IMPOSED BY A COUNTY OR CITY PRIOR TO NOVEMBER 1,
 14        2008; STATING THE QUESTION TO BE SUBMITTED TO  THE  ELECTORATE;  DIRECTING
 15        THE  LEGISLATIVE  COUNCIL  TO  PREPARE THE STATEMENTS REQUIRED BY LAW; AND
 16        DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS
 17        REQUIRED BY LAW.

 18    Be It Resolved by the Legislature of the State of Idaho:

 19        SECTION 1.  That Article VII, of the Constitution of the State of Idaho be
 20    amended by the addition thereto of a NEW SECTION, to be known  and  designated
 21    as Section 19, Article VII, and to read as follows:

 22             SECTION  19.  CITY  OR COUNTY SALES AND USE TAX. The legislature
 23        may authorize counties or cities to levy  a sales and use tax  within
 24        their jurisdictions. The proceeds from such tax in excess of the nec-
 25        essary  costs of collection and administration and any refund or cre-
 26        dits authorized by law shall be used exclusively as provided by  law.
 27        No  tax  pursuant to this section shall be levied without approval of
 28        two-thirds of the qualified electors of a county or a city voting  at
 29        the  election  held  by  law  in  November of each year. This section
 30        shall not  apply to any sales and use tax authorized by law and  that
 31        was imposed by a county or city prior to November 1, 2008.

 32        SECTION  2.  The  question to be submitted to the electors of the State of
 33    Idaho at the next general election shall be as follows:
 34        "Shall Article VII, of the Constitution of the State of Idaho  be  amended
 35    by  the addition of a new Section 19, Article VII, to allow the Legislature to
 36    authorize counties or  cities to levy a sales and use tax within their  juris-
 37    dictions,  to  provide that the proceeds from such tax in excess of the neces-
 38    sary costs of collection and administration and any refund or credits  author-
 39    ized  by law, shall be used exclusively as provided by law, to provide that no
 40    tax pursuant to the section shall be levied without approval of two-thirds  of
 41    the  qualified electors of a county or city voting at the election held by law
 42    in November of each year and to provide that the section shall  not  apply  to

                                       2

  1    any  sales  and  use tax authorized by law and that was imposed by a county or
  2    city prior to November 1, 2008.".

  3        SECTION 3.  The Legislative Council is directed to prepare the  statements
  4    required by Section 67-453, Idaho Code, and file the same.

  5        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
  6    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 18097

An amendment to Article VII of the Constitution of the State of
Idaho proposing an addition of a new section relating to finance
and revenue as it relates to counties and cities.  It would allow
the Legislature to authorize counties or cities to levy a sales
and use tax within their jurisdictions.  Such sales or use tax
would need approval of two-thirds of the qualified electors of a
county or city voting.


                           FISCAL NOTE

An announcement must be placed in every newspaper in the state
and a voter pamphlet must be prepared and sent to every household
statewide. The exact cost is not known but will be borne by the
General Fund.




               

Contact
Name: Representative Mike Moyle 
      Lawerence Denney, Speaker of the House
      Representative Scott Bedke
      Representative Ken Roberts
      Representative Dennis Lake
      Representative Jim Clark
      Senator John McGee
      Senator Dean Cameron
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         HJR 4