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State Representative Debra Maggart, 45th District - Hendersonville, Gallatin and portions of Goodlettsville, TN |
House of Representatives
State of Tennessee
Rep. Debra Young Maggart announces her support for a constitutional amendment prohibiting income tax and payroll tax
(39 other House Republicans to date have pledged their support)
NASHVILLE - Representative Debra Young Maggart (R-Hendersonville) announced today that she and other House Republicans have filed a constitutional amendment to clarify that the Tennessee Constitution prohibits an income tax and a payroll tax.
Because Tennessee is a low tax state and a right-to-work state we are better able to attract businesses and create jobs. Across the nation states are talking about raising taxes," said Rep. Maggart. "During these tough economic times we need to do everything we can to put Tennessee's working families' minds at ease."
Thirty-nine of the fifty House Republican Representatives have signed onto the resolution as prime co-sponsors so far. Rep. Maggart co-sponsored the resolution in 2007, but that was before Republicans took a one-seat majority in the House of Representatives last month for the first time known since 1869.
The amendment specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or a payroll tax, which is a tax on employers that is measured by the wages they pay workers. A payroll tax has been proposed by elected officials in Shelby County and elsewhere as a way around an income tax ban.
There have been several cases before the Tennessee Supreme Court throughout the state's history that have upheld that the income tax is unconstitutional, the most recent being in 1964. These cases have never been overturned. Nonetheless, elected officials in Tennessee have proposed both an income tax and a payroll tax in years past.
In order for a constitutional amendment to pass, it must first be approved by a simple majority in both the House and the Senate in 2009 or 2010. The next General Assembly in 2011-2012 must then approve the amendment by a two-thirds vote in each chamber. At that point the amendment is placed on the next gubernatorial ballot for ratification by the people, which would occur in 2014.
Under the language of the amendment, the current Hall tax on income from stocks and bonds would remain unchanged.
Those Republicans who are prime co-sponsors so far are: Rep. Debra Maggart (R-Hendersonville), Rep. Brian Kelsey (R-Germantown), Rep. Steve McDaniel (R-Parkers Crossroads), Rep. Glen Casada (R-College Grove), Rep. Susan Lynn (R-Lebanon), Rep. Debra Maggart (R-Hendersonville), Rep. Beth Harwell (R-Nashville), Rep. Charles Sargent (R-Franklin), Rep. Curtis Johnson (R-Clarksville), Rep. Joe Carr (R-Lascassas), Rep. Joshua Evans (R-Greenbrier), Rep. Joey Hensley (R-Hohenwald), Rep. Phillip Johnson (R-Pegram), Rep. Barrett Rich (R-Somerville), Rep. Chad Faulkner (R-Luttrell), Rep.Curtis Halford (R-Dyer), Rep. Dale Ford (R-Jonesborough), Rep. Eric Swafford (R-Pikeville), Rep. Eric Watson (R-Cleveland), Rep. Frank Niceley (R-Strawberry Plains), Rep. Gerald McCormick (R-Chattanooga), Rep. Harry Brooks (R-Knoxville), Rep. Jim Cobb (R-Spring City), Rep. Jim Coley (R-Bartlett), Rep. Jimmy Eldridge (R-Jackson), Rep. Jon Lundberg(R-Bristol), Rep. Judd Matheny (R-Tullahoma), Rep. Kent Williams (R-Butler), Rep. Kevin Brooks (R-Cleveland), Rep. Matthew Hill (R-Jonesborough) Rep. Mike Bell (R-Riceville), Rep. Mike Harrison (R-Rogersville), Rep. Richard Floyd (R-Chattanooga), Rep. Richard Montgomery (R-Sevierville), Rep. Ron Lollar (R-Bartlett), Rep. Ryan Haynes (R-Knoxville), Rep. Steve McManus (R-Cordova), Rep. Terri Lynn Weaver (R-Lancaster), Rep. Tony Shipley (R-Kingsport), Rep. Vance Dennis (R-Savannah), and Rep. Vince Dean (R-East Ridge)
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