ASSEMBLY TO CONSIDER TAX LIMIT, OTHER LAWS

JEFFERSON CITY -- Competing amendments to limit tax increases are among a number of constitutional changes to be debated by the Missouri General Assembly in the current session.

Proposed amendments that have been filed, or soon will be, deal with a wide range of subjects.

Limiting the taxes legislators can enact without a vote of the people will be one lively constitutional topic. In the aftermath of the defeat of Hancock II last year, the governor and lawmakers in both parties are eager to develop a version that would not have a negative impact on operations of state government.

Several versions of a tax limitation amendment will be offered, including one drafted by Gov. Mel Carnahan and the Farm Bureau. Another plan, offered by Sen. John Russell, R-Lebanon, would require most tax increases to have voter approval unless approved by a two-thirds vote in both houses.

Some of the other amendments would require the state to set aside more cash reserves, allow for parental choice in education, remove some of the restrictions on advertising for bingo, and try to clarify for voters before an election what the impact of certain ballot initiatives would be.

Any amendments passed by both houses of the Legislature this year would be submitted to voters in August or November 1996. A simple majority is required for approval.

Sen. Peter Kinder, R-Cape Girardeau, has plans to push his school choice amendment this year. He has two versions, a long one and a short one. Last year Kinder's longer version didn't get out of committee because of strong objections raised by the education committee chairman.

He is optimistic of having better success this year in giving parents a choice in the schools their children attend. Kinder's plan provides for a fixed scholarship of one-half the per-pupil public education costs to parents wanting to send children to a private school that participates in the scholarship program.

Kinder said he has adequate safeguards built in to prevent the state from interfering in private schools.

Rep. Henry Rizzo, D-Kansas City, is pushing school choice amendments in the House.

Sen. Mike Lybyer, D-Texas County, has an amendment that would require the Missouri Supreme Court to issue advisory opinions on the potential impact of initiative petition measures.

Lybyer said the confusion over Amendment 7 last year gave him the idea. Many groups had conflicting views on its impact, and Lybyer said it would be good to make the court responsible for clarifying those issues.

By informing voters about the potential problems and impact, Lybyer said later court challenges could be avoided. For example, a campaign finance law that passed as Proposition A has been challenged in federal court for violating the First Amendment. If that potential problem had been brought out before the election, it might not have passed, he feels.

"A lot of these petitions are special interest-driven. They are never debated to get views from the opposite side, and therefore I think the public should get a fair interpretation," said Lybyer.

His amendment would give the court 30 days to issue an advisory opinion after an issue is certified for the ballot. The opinion would be attached to public notices about the issue.

Sen. Harry Wiggins, D-Kansas City, is pushing an amendment this year to extend a one-tenth-cent sales tax used for soil conservation and state parks. The amendment is scheduled to expire in 1998 and he wants to have voters consider another five-year extension.

The tax generates about $49 million annually and has already been renewed once by voters.

House Budget Chairman Sheila Lumpe, D-University City, has an amendment to merge the Department of Conservation, Division of State Parks, and soil and water conservation programs under one agency.