Bill says income tax is unconstitutional

NASHVILLE - The sponsor of a measure that would declare an income tax and payroll tax unconstitutional in Tennessee says it's necessary because of the poor state of the economy.

The proposed constitutional amendment sponsored by Republican Sen. Brian Kelsey of Germantown was approved 7-3 in the Senate Finance Committee on Tuesday. The earliest it could go before voters is 2014.

Even though the state constitution already says an income tax is not allowed in Tennessee, Kelsey said the difficult economic times may prompt lawmakers to try to pass an income tax.

"We've got eight members of the Legislature who proposed an income tax this year, so if we don't address this issue now, then when are we going to address it?" Kelsey asked.

Opponents said the measure isn't needed, and that Kelsey's motivation is strictly political.

"We're doing some political pandering," said Sen. Joe Haynes, D-Nashville. "I'm just not in the mood to pander this morning."

Senate Minority Leader Jim Kyle said Kelsey is creating an unnecessary concern.

"People of Tennessee are not under siege of having an income tax," said Kyle, D-Memphis.

Despite the opposition, Kelsey believes he has support to see the measure through.

"I'm cautiously optimistic with 15 co-sponsors we can get it passed," he said.

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