03/08/1994 08:00 AM House STA

  HJR 60 - AMEND U.S. CONSTITUTION TO LIMIT FEDERAL COURTS                     
                                                                               
  CHAIRMAN VEZEY opened HJR 60, sponsored by the State Affairs                 
  Committee, for discussion.  REPRESENTATIVE SKAGGS, HOUSE OF                  
  REPRESENTATIVES in MISSOURI, requested HJR 60.                               
                                                                               
  CHAIRMAN VEZEY addressed HJR 60 as a resolution asking the                   
  Congress of the Unites States to prepare and present to the                  
  legislature of all the states, an amendment to the                           
  Constitution of the United States.  This amendment would                     
  prohibit a federal court from ordering a state or political                  
  subdivision of a state, to increase or impose taxes.  He                     
  noted HJR 60 would not have the power of law; it is simply a                 
  resolution.                                                                  
                                                                               
  Number 334                                                                   
                                                                               
  REPRESENTATIVE KOTT felt HJR 60 was a good resolution.  The                  
  resolution addressed mandates and the resolve clauses are                    
  verbatim, per REPRESENTATIVE SKAGGS' suggestions.                            
                                                                               
  CHAIRMAN VEZEY commented 26 states have already issued                       
  resolutions similar to HJR 60.                                               
                                                                               
  REPRESENTATIVE G. DAVIS did not have a problem with the                      
  concept, but would like an example of the concern.  He said                  
  it appeared that the federal courts were looking at ordering                 
  the imposition or increase of taxes, but when questioned the                 
  judges turned them away.                                                     
                                                                               
  CHAIRMAN VEZEY replied there are Supreme Court decisions                     
  specifically stating they have the right to impose or                        
  increase the taxes.                                                          
                                                                               
  Number 353                                                                   
                                                                               
  REPRESENTATIVE OLBERG looked to the second page of                           
  REPRESENTATIVE SKAGGS letter which states, "the Federal                      
  District Court, with the blessing of the United States                       
  Supreme Court, continues to order property tax increases..."                 
  for a specific purpose.                                                      
                                                                               
  Number 365                                                                   
                                                                               
  REPRESENTATIVE KOTT moved to pass HJR 60 from committee with                 
  individual recommendations, asking unanimous consent.                        
                                                                               
  CHAIRMAN VEZEY asked the committee secretary to call the                     
  roll, and HJR 60 passed unanimously from the House State                     
  Affairs Committee with individual recommendations.