City of Kansas City
Home Services Residents Business Visitors CityOfficials
    
I Want To...
 
 
 
 
 
 
 
 
 
 
 
City Departments
 
 
KCMO Logo


News from City Hall

City Communications Office

City of Kansas City, Mo.

http://www.kcmo.org

CONTACT: City Communications Office, 816-513-1349

FOR IMMEDIATE RELEASE: August 13, 2010

City files petition related to E-Tax initiative

The City of Kansas City, Mo., filed a Petition for Declaratory Judgment and Injunctive Relief in Cole County Circuit Court on Friday Aug. 13, challenging the constitutionality of a recently certified earnings tax initiative petition and asking the Court to enjoin the Secretary of State from taking any further measures to place the issue on the Nov. 2 ballot.

The lawsuit argues the initiative petition violates several provisions of the Missouri Constitution including the Hancock Amendment.

The lawsuit argues the initiative petition violates the Hancock Amendment, which prohibits the state from requiring any new activities by the City without full state funding, because the measure would require the City to have an election in April 2011 and every five years thereafter in order to continue the tax. A single-issue election will cost the City about $500,000.

The lawsuit also argues the initiative petition violates a provision of the Missouri Constitution which prohibits the use of the initiative for the appropriation of money unless the initiative provides the new revenue, because the petition fails to provide the revenue for the required elections.

The lawsuit argues the petition violates the single subject rule because it involves both the earnings tax and the net profits tax on businesses and also because it prohibits earnings and net profits taxes in the future in cities that do not currently have them.

The lawsuit argues the petition violates the rule that the subject be clearly expressed in the title because the title does not reference the net profits tax.

Media inquiries related to this matter should be directed to City Attorney, Galen Beaufort 816-513-3147.

    –30–

    
News Archives
 

 
 
Contact Us |  Sitemap  | Legal Notice  | Privacy ©2013 City of Kansas City, Missouri. All Rights Reserved
  French  German  Italian  Portuguese  Spanish  Russian  Dutch  Greek  Japanese  Korean  Chinese  Taiwanese  Swahili