05/05/1998 03:40 PM Senate STA

         HJR 57 - AMEND US CONSTIT. TO LIMIT FED. COURTS                       
                                                                               
CHAIRMAN GREEN brought HJR 57 before the committee as the next                 
order of business.                                                             
                                                                               
JEFF LOGAN, staff to Representative Joe Green who is prime sponsor             
of HJR 57, said the resolution requests Congress to exercise the               
power granted to them under article V of the U.S. Constitution to              
prepare and present to the legislatures of all 50 states an                    
amendment that would prohibit federal courts from ordering a state             
or political subdivision to increase or impose taxes.  A similar               
resolution was approved by the 19th Alaska Legislature.                        
                                                                               
Mr. Logan related that the resolution is partly in response to a               
U.S. Supreme Court decision  in Missouri v. Jenkins, which upheld              
the right of a Federal District Court to order a property tax                  
increase in Kansas City, Missouri.  Last year in Rockford,                     
Illinois, a U.S. District Court magistrate ordered property tax                
assessments increased by 12 percent.  He said Representative Green             
believes that this is far beyond the bounds of what the framers of             
the U.S. Constitution intended.                                                
                                                                               
Mr. Logan pointed out that so far 12 states have adopted this                  
amendment and there are a number of other states considering it.               
                                                                               
Mr. Logan directed attention to a proposed amendment for the                   
committee's consideration; however, because the committee had lost             
its quorum, the Chairman stated HJR 57 would be held until later in            
the meeting.                                                                   
                                                                               
        HJR 57 am - AMEND US CONSTIT. TO LIMIT FED. COURTS                     
                                                                               
CHAIRMAN GREEN brought HJR 57 am back before the committee and                 
requested a motion to adopt the proposed amendment and to move the             
resolution out of committee.                                                   
                                                                               
SENATOR WARD moved adoption of the following amendment to HJR 57               
am:                                                                            
                                                                               
Amendment No. 1                                                                
                                                                               
Page 2, line 5:  After "that" insert "this amendment constitutes a             
continuing application in accordance with article V of the                     
Constitution of the United States, and that"                                   
                                                                               
Hearing no objection, the amendment was adopted to be incorporated             
into a State Affairs SCS.                                                      
                                                                               
SENATOR WARD moved SCS HJR 57(STA) be passed out of committee with             
individual recommendations.  Hearing no objection, it was so                   
ordered.