U.S. Rep. Mel Hancock said Tuesday that the intent of his newly formed committee to tighten loopholes in the Hancock Amendment to the state constitution is not to shut down government but rather to provide more accountability.
"We have given the state legislature a blank check for years and now we are saying that we want an opportunity to countersign that check," said Hancock, author of the amendment bearing his name that won voter approval in 1980.
Hancock made the comments at an airport news conference here. It was one of six stops around the state to promote what he is billing as a Hancock II effort.
By passing Hancock II in 1994, the Springfield Republican said, "The people will re-win control of their government from the politicians."
Hancock said the new effort announced last month now has a well defined goal: "A Missouri constitutional amendment that will require any new state taxes to be approved by a vote of the people."
Hancock explained that by September a revised version of the amendment will be finished and be placed on the ballot by initiative petition.
He was accompanied in the statewide tour Tuesday by Sandy McClure, state director of United We Stand America; Thor Hearne, a St. Louis attorney; and southwest Missouri businessmen Jim Dawson and Lance Beshore, who are members of the statewide steering committee.
The Hancock II effort was triggered after state legislators approved a $310 million tax increase for education in Senate Bill 380 without going to a vote of the people. Hancock complained that lawmakers took that action even after Gov. Mel Carnahan had promised in the campaign to put an education tax hike to a vote and after State Auditor Margaret Kelly warned that the tax hike was large enough to potentially violate the Hancock Amendment.
Hancock said he received calls from many people after SB-380 was passed, asking him to take action.
Hearne, who is reviewing legal options for the committee, said he would be looking at remedies that exist under the current Hancock Amendment and possible legal action that could be taken. In addition, Hearne said he and other lawyers will look at re-drafting the original Hancock Amendment or adding additional safeguards in the amendment to insure that tax increases are submitted to voters for approval.
Hancock said the purpose of his trip around the state was "to get out the true story about what is happening," and that legislators were basically ignoring the state constitution.
"If our state legislators had accepted the intent of the amendment, we wouldn't be in this situation," added Hancock. "They have ignored it enough to where people are upset."
The congressman also complained that in trying to argue that the legislature was violating the amendment, he has to use his own funds in court to defend the constitution, while state officials use tax dollars.
Said Hancock: "We are going against a $10 billion state budget and they don't mind throwing it away."
Beshore explained that he was representing large businesses of the state in the trip, while Dawson said he was representing small businesses.
Said Dawson: "I feel like we have been left out of the process and small businesses are being burdened with excessive taxes ... we thank Mel Hancock for re-opening the question of control over taxation in Missouri."
McClure said the passage of SB-380 triggered a grassroots rebellion from citizens who are angry about not being able to vote on the education tax increase.
McClure said members of United We Stand America will be active in the petition drive this fall.
Hancock said even if legal challenges being considered by Hearne are successful, the Hancock II committee plans to continue with efforts to strengthen the amendment.
Hancock added that the committee will take its time drafting the new version, and pointed out the original one took three years to draft. "Now we know what we should have done in 1980," he noted.
In 1992, the legislature approved a 6-cent hike in the gasoline tax, and even though some lawmakers complained that it violated Hancock, there was no uproar. "There really is no difference between these," admitted Hancock. However, he said he did not receive a single complaint about the gas tax hike but received more than 100 calls on SB-380.
Last year, Hancock said the auditor told legislators that phasing the tax in would keep it within the spending limit. This year, she has warned the limit could be exceeded.
Hancock promised his revised version will be much more difficult for legislators to circumvent. "Some call my amendment a handcuff amendment," he quipped. "Well this version will be handcuffs - and leg irons."
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