As Amended by House Commettee

          Session of 1998
House Concurrent Resolution No. 5050
By Representatives Cook, Gregory and Osborne, Ballou, Boston, Camp-
                bell, Compton, Dahl, Edmonds, Farmer, Howell, Humerickhouse,
                Jennison, Phill Kline, Landwehr, P. Long, Mayans, Mays, McCreary,
                Neufeld, O'Connor, Packer, Palmer, Powell, Presta, Shallenburger,
                Sharp, Tanner, Toplikar, Wagle and Wilson
          14             A PROPOSITION to amend article 11 of the constitution of the state of
15             Kansas by adding a new section thereto, prohibiting the increase of
16             the rate of certain taxes.
18       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
19             members elected (or appointed) and qualified to the House of Repre-
20             sentatives and two-thirds of the members elected (or appointed) and
21             qualified to the Senate concurring therein:
22                 Section 1. The following proposition to amend the constitution of the
23       state of Kansas shall be submitted to the qualified electors of the state
24       for their approval or rejection: Article 11 of the constitution of the state
25       of Kansas is hereby amended by adding a new section thereto to read as
26       follows:
27              ``§ 14. Prohibition against tax rate increases. (a) No enact-
28             ment of the legislature shall increase: (1) Increase the rate of any
29             fee or tax imposed prior to November 3, 1998,; (2) impose a new
30             fee or tax after November 3, 1998; or (3) increase the rate of
31             any fee or tax described by clause (2), without the affirmative
32             vote of two-thirds of the members of the House of Representatives
33             and the Senate.''
34        (b) The provisions of subsection (a) shall not apply to any en-
35       actment of the legislature subsequent to the declaration of the
36       governor of an emergency and the concurrence thereto by a res-
37       olution adopted by either the House of Representatives or the Sen-
38       ate.
39           Sec. 2. The following statement shall be printed on the ballot with
40       the amendment as a whole:
41              ``Explanatory statement. This amendment would establish a pro-
42             hibition against general fee or tax rate increases.
43              ``A vote for this proposition would establish a prohibition against

HCR 5050--Am.


  1             increases of the rate of any fee or tax which was imposed prior to
  2             November 3, 1998, or the imposition or the increase of the rate
  3             of a new fee or tax imposed after November 3, 1998, without
  4             a two-thirds affirmative vote of the members of the House of Rep-
  5             resentatives and the Senate unless an emergency is declared by
  6             the governor.
  7              ``A vote against this proposition would maintain the absence of
  8             any tax levy rate increase limitation in the constitution.''
  9           Sec. 3. This resolution, if approved by two-thirds of the members
10       elected (or appointed) and qualified to the House of Representatives and
11       two-thirds of the members elected (or appointed) and qualified to the
12       Senate, shall be entered on the journals, together with the yeas and nays.
13       The secretary of state shall cause this resolution to be published as pro-
14       vided by law and shall cause the proposed amendment to be submitted
15       to the electors of the state at the general election to be held on November
16       3, 1998.