SJR 41 Prohibits state courts from levying or imposing new or increased taxes, licenses, or fees without legislative or voter approval
Sponsor: Rupp
LR Number: 3985S.01I Fiscal Note: 3985-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 1/16/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S106
Title: Calendar Position:
Effective Date: Upon voter approval

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Current Bill Summary


SJR 41 - Upon voter approval, this proposed constitutional amendment shall prohibit all state courts from imposing or ordering any new or increased taxes, licenses, or fees, except when expressly authorized by an act of the general assembly or vote of the people. The amendment also prohibits any state court from instructing or ordering the general assembly or any officer of the state, any political subdivision, or any governmental agency to appropriate or spend public funds, except as expressly authorized by legislation or the vote of the people.

The amendment shall not prevent the state courts from declaring rights and obligations of parties under laws appropriating or authorizing expenditure of public funds; shall not limit court authority to enter and enforce judgments concerning lawful contracts or bonded indebtedness of the state or its agencies; shall not limit court authority to enforce provisions of article X, sections 16 to 25 of the state constitution; and shall not limit court authority to enjoin the levy or collection of illegal taxes, licenses, fees or expenditures not authorized by law, or to order reductions in tax rates in accordance with law.

This amendment is similar to HJR 1 (2007) and identical to HJR 41 (2008).

ALEXA PEARSON