FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

 HOUSE JOINT RESOLUTION NO. 1

94TH GENERAL ASSEMBLY

     Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, April 5, 2007, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

0416S.05C

JOINT RESOLUTION

Submitting to the qualified voters of Missouri, an amendment to article II of the Constitution of Missouri relating to state court jurisdiction.

Be it resolved by the Senate, the House of Representatives concurring therein:

            That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2008, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article II of the Constitution of the state of Missouri:

            Section A.  Article II, Constitution of Missouri, is amended by adding thereto two new sections, to be known as sections 2 and 3, to read as follows:

            Section 2.  Under no circumstances shall a court of this state order the general assembly or executive to increase taxes or create new taxes.

            Section 3.  The appropriation of state revenues is the exclusive province of the general assembly.

            Section B.  Pursuant to chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the general assembly to adopt ballot language for the submission of a joint resolution for submission to the voters of this state, the official ballot title of the amendment proposed in section A of this joint resolution shall be as follows:

            "Shall article II, section 1 of the Constitution of Missouri be amended to prohibit a court of this state from ordering the general assembly to increase taxes or create new taxes and to affirmatively state that only the elected members of the general assembly shall appropriate state revenues?"

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