Prohibits an action concerning State taxes from being first brought in a U.S. district court unless the party has exhausted all available State court judicial remedies that are plain, speedy, and efficient.
Excepts from such prohibition an action: (1) alleging tax discrimination against motor carrier transportation property; and (2) brought by the United States, the National Railroad Passenger Corporation, or an Indian tribe.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3702 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3702
To amend section 1341 of title 28, United States Code, relating to the
jurisdiction of the district courts over certain tax controversies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 1993
Mr. Synar introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 1341 of title 28, United States Code, relating to the
jurisdiction of the district courts over certain tax controversies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1341 of
title 28, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Statutory Exceptions.--(1) Any statutory exception to the
provisions of subsection (a) does not authorize the commencement of an
action in the district courts of the United States unless the party
bringing the action has first exhausted the available judicial remedies
in State court that are plain, speedy, and efficient.
``(2) Paragraph (1) shall not apply--
``(A) to an action brought under section 11503a of title
49; or
``(B) to an action if the party bringing the action is the
United States, the National Railroad Passenger Corporation, or
an Indian tribe as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Sponsor introductory remarks on measure. (CR E3067)
Referred to the Subcommittee on Intellectual Property and Judicial Administration.
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