Replacing Ill. Tax Limits With Hope For Legislative Discipline

Law360 (June 12, 2019, 5:22 PM EDT) -- In a recent Law360 article, “Scope of the Graduated Rate Amendment,” I addressed the Illinois Senate Joint Resolution Constitutional Amendment No. 1 and, specifically, the official explanation required under the Illinois Constitution in order to present SJRCA 1 to voters.

Sections 1 and 3 of the constitution’s revenue article, read together, provide that: “The General Assembly has the exclusive power to raise revenue by law, except,” as regards an income tax, it (1) “shall be at a nongraduated rate,” and (2) “there may be no more than one such tax” (3) “imposed by the [s]tate  for [s]tate purposes” (4) “on individuals and...

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