HCS HJR 31 -- LIMITS ON COURT JURISDICTION

SPONSOR:  Pratt (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 8 to 3.

This proposed constitutional amendment prohibits, upon voter
approval, 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.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $52,560
in FY 2007, $0 in FY 2008, and $0 in FY 2009.  No impact on Other
State Funds in FY 2007, FY 2008, and FY 2009.

PROPONENTS:  Supporters say that the bill will disallow the
courts from ordering appropriations for spending or taxing.  The
power to tax and spend is constitutionally reserved for the
legislative body of state 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); and
John Stoeffler.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say great caution should
be used in amending the state constitution.  There are no cases
in Missouri history which would have been affected by the bill.

Others testifying on the bill was Supreme Court of Missouri.

Alex Curchin, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:46 am