Bosak v. Myers
Bosak v. Myers
Opinion of the Court
The modified ballot title for Initiative Petition 49 (2002) states:
“AMENDS CONSTITUTION: LIMITS ANNUAL INCOME-TAX REVENUE SPENDING GROWTH TO FOUR PERCENT; RETURNS REVENUE EXCEEDING LIMIT
“RESULT OF WES’ VOTE: Yes’ vote limits the annual growth in spending of state income-tax revenue to four percent; state must return all revenue exceeding limit to taxpayers.
“RESULT OF ‘NO’ VOTE: ‘No’ vote rejects four-percent limit on annual growth in spending of state income-tax revenue; rejects requiring state to return revenue exceeding that limit.
“SUMMARY: Amends Oregon Constitution. Oregon statutes currently limit biennial growth of state appropriations for general governmental purposes to previous biennium’s growth rate for personal income in Oregon. Under Oregon Constitution, the state currently must return excess income- and excise-tax revenue to taxpayers when it collects at least two percent more than it estimated it would collect. This measure adds constitutional provision limiting annual rate of growth in spending of‘state income tax revenue’ (personal and corporate income taxes, corporate excise taxes) to four percent; growth limit not adjusted for population change or inflation. Measure requires state to return to taxpayers all ‘state income tax revenue’ collected*623 in excess of growth limit. Measure limits state spending of income-tax revenues without providing replacement revenues. Other provisions.”
The modified ballot title is certified. The appellate judgment shall issue in accordance with ORS 250.085(9).
Reference
- Full Case Name
- Tricia BOSAK and James Sager v. Hardy MYERS, Attorney General, State of Oregon
- Status
- Published