HJR 020 Voter Approval For Tax Increases Greater Than $50 Million
Sponsor:KREIDER Handling House Bill:MATHEWSON
Committee:WAME LR Number:L0800.11T
Last Action:05/18/95 - Delivered to Secretary of State
Title:HS/HCS/HJRs 20, 8 & 27
Effective Date:Indefinite
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Current Bill Summary

HS/HCS/HJRs 20, 8 & 27 - Upon voter approval, this joint resolution would require that any increase in taxes or fees which would produce total new annual revenues in excess of $50 million, adjusted annually by the percentage change in the personal income of Missouri for the second previous fiscal year, or 1% of total state revenues for the second fiscal year prior to the General Assembly's action, whichever is less, to be approved by the voters.

If a series of increases would exceed the cap, then the largest increase will be voted on first as well as all other increases which produce new revenues in excess of the cap, in descending order, until the aggregate of the remaining increases and decreases is less than the cap.

"New annual revenues" is the net increase in annual revenues produced by the total of all tax or fee increases enacted by the General Assembly in a fiscal year, less applicable refunds and tax or fee reductions in the same fiscal year. "Enacted by the General Assembly" includes all bills truly agreed to and finally passed within a fiscal year, except bills which are vetoed by the Governor and not overridden by the General Assembly. Interest earnings on the proceeds of the tax or fee increase shall not be included. Extensions of existing taxes or fees which are set to expire are also not included.

The General Assembly may increase taxes or fees beyond the cap for emergencies only if all of the following conditions are met: (1) The Governor requests the General Assembly to declare an emergency;

(2) The request is specific as to the nature of the emergency, the dollar amount of the emergency, and the method by which the emergency will be funded; and

(3) The General Assembly declares an emergency by a 2/3 vote of each house.

Compliance shall be measured by calculating the aggregate actual new annual revenues produced in the first fiscal year that each individual tax or fee is fully effective.

Any taxpayer or statewide elected official may bring action to enforce compliance with this cap. The Missouri Supreme Court shall have original jurisdiction to hear any challenge brought by a statewide elected official. The court shall invalidate the taxes and fees which should have received a public vote. Any amounts collected in excess of the cap shall be either refunded or used to reduce future taxes and/or fees.
TOM CRAWFORD