HCS HJR 1 -- STATE COURT JURISDICTION

SPONSOR:  Tilley (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 5 to 3.

Upon voter approval, this proposed constitutional amendment
prohibits the Missouri Supreme Court or any inferior court of the
state from instructing or ordering the state or any county, city,
or political subdivision to levy or increase taxes.  The
amendment also prohibits any Missouri court from instructing or
ordering the state or any county, city, or political subdivision
on how to spend, allocate, or budget fiscal resources in a manner
inconsistent with duly enacted and effective legislation;
however, the judiciary system retains the inherent authority to
compel reasonable funding of judicial operations.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2008, FY 2009, and FY 2010.  No impact on Other
State Funds in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the bill will prohibit the
courts from ordering appropriations for spending or taxing.  The
power to tax and appropriate is constitutionally reserved for the
legislative body of government, and the bill adds specific
language to the constitution to reflect the traditional
separation of powers.

Testifying for the bill were Representative Cunningham (86); Walt
Mueller; and John Stoeffler.

OPPONENTS:  Those who oppose the bill say that it will prevent
the court from exercising its dispute resolution function.  State
courts will not have jurisdiction to hear specific tax cases and
Hancock Amendment cases.  Barring state court jurisdiction will
result in the cases being filed in federal court, where the power
to order state appropriations does exist.

Testifying against the bill were Judicial Conference of Missouri;
and Missouri Bar.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am