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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Oregon | Bobo v. Kulongoski, 338 Or. 111, 122 (2005) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? |
Unclear, and answer is unavailable as to courts, but a line of cases suggests that merely having a fund where assessed fees support state functions does not constitute a conflict + See moreof interest
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Considering the wording of Article IV, section 18, its history, and the case law surrounding it, we conclude that the question whether a bill is a “bill for raising revenue” + See moreentails two issues. The first is whether the bill collects or brings money into the treasury. If it does not, that is the end of the inquiry. If a bill does bring money into the treasury, the remaining question is whether the bill possesses the essential features of a bill levying a tax. As Northern Counties Trust makes clear, bills that assess a fee for a specific purpose are not “bills raising revenue” even though they collect or bring money into the treasury.
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Revenue flow |