HCS HJR 41 -- STATE COURT JURISDICTION

SPONSOR:  Jones, 89 (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 imposing or ordering any new or increased taxes,
licenses, or fees.  The amendment also prohibits any Missouri
court from instructing or ordering the General Assembly or any
elected or appointed officer of the state or any political
subdivision or governmental agency or authority to appropriate or
spend public funds except as expressly authorized by legislation
or approved by Missouri voters.  However, the amendment will not
limit the court's authority to enter and enforce judgments
concerning lawful contracts or bonded indebtedness of the state
or enjoin the levy or collection of illegal taxes, licenses, or
fees or the expenditure of public funds not authorized by law.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

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.  The bill upholds the founders' principle
of "No taxation without representation."

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

OPPONENTS:  Those who oppose the bill say that it is unnecessary,
unpredictable in its impact, and unsettling to the historic
balance of power in state government.  Article IV, Section 28 of
the Missouri Constitution already states that no money is to be
withdrawn from the state treasury except by warrant drawn in
accordance with an appropriation made by law.  The constitutional
language makes the bill superfluous in its effect on the courts'
inability to currently order appropriations.  The bill will
create a chilling effect on the ability of Missouri citizens to
bring lawsuits against local and state governments to order
constitutionally mandated spending and, as a result, alters
Missouri's open-courthouse door policy.  The bill denies the
courts their rightful role in protecting civil liberties and
individual rights by removing remedies to existing constitutional
rights afforded to all Missourians.

Testifying against the bill were Larry Dessem; Missouri Bar;
Kansas City Metropolitan Bar Association; Patrick McLarney for
the Missouri Institute of Justice; Missouri Council of School
Administrators; Missouri National Education Association; and
Missouri School Boards Association.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm