HANCOCK TAKES SHOT AT TAX-LIMIT BILL... AGAIN

U.S. Rep. Mel Hancock, a Springfield Republican, says Missouri lawmakers and courts have short-circuited the constitutional amendment that bears his name.

Local lawmakers agree but say Hancock's latest proposal might not be the best way to keep taxation under control.

The original Hancock Amendment, approved by voters in 1980, requires that state revenues grow no faster than Missourians' incomes. It also stipulates that tax and fee increases exceeding a revenue ratio be approved by popular vote.

Last week, Hancock proposed more specific legislation to require voter approval of all state tax, fee or license increases. If a petition drive is successful, the measure could go on the November ballot.

But in April, Missourians will vote on Amendment 4, which would cap annual tax increases at $50 million or 1 percent of total state revenue, whichever is less. Any increase beyond the cap must be submitted to voters.

Gov. Mel Carnahan, a Democrat, proposed the legislation after voters rejected "Hancock II," Hancock's 1994 attempt to patch loopholes in his original amendment. The Missouri General Assembly agreed to place Carnahan's proposal on the ballot.

Area lawmakers voiced support for Hancock's intention, if not the specifics of his tax-limitation measure.

"Certainly we do circumvent the original Hancock Amendment," said Rep. David Schwab, R-Jackson.

Schwab said the Outstanding Schools Act of 1993, also known as Senate Bill 380, raised taxes beyond the limits of the Hancock Amendment. As a result, the increased state tax revenue this year triggered tax refunds for Missourians.

Rep. Mary Kasten, R-Cape Girardeau, and Sen. Peter Kinder, R-Cape Girardeau, both want to fix the Hancock Amendment.

"Certainly Senate Bill 380 blasted the tax lid part of it," Kasten said.

Kinder said Jefferson City politicians have "played games" with the Hancock Amendment since voters approved it in 1980. "I think we need a stronger version of it," he added.

Schwab and Kinder both said they are "comfortable with" Amendment 4.

Kinder said the simplicity of Hancock's rival proposal to require all increases to go to the voters is appealing.

But Kasten said Hancock's proposal is "much more stringent" than Amendment 4.

"I'm afraid it would take away some flexibility for local fees and things like that," she said. "But I have never felt we should have that big of a tax increase without a vote of the people."

Hancock last week submitted his proposal to the Missouri secretary of state's office for a legal review.

The proposal states that Missourians have the right to "not be taxed without their consent."

Hancock said he turned in the proposal in 16 different formats to make sure at least one would be approved.

"All of them have exactly the same wording as far as the amendment itself is concerned," he said, adding that he wants to ensure the proposal isn't rejected because it's printed in the wrong form.

Hancock said he hopes to begin a petition campaign within about 30 days to try to get his proposed amendment on the November ballot.

Senate Bill 380 is one example of lawmakers "methodically, in my opinion, violating the constitution," he said.

The original amendment "has done a lot, but they have just methodically picked at it and excluded revenues from it," Hancock said. "Every time they meet, they're trying to figure out, how can we get around the Hancock Amendment? How can we reach deeper into taxpayers' pockets?

"In my judgment, it's the constitution they're going around. It's the will of the people. Our elected officials should be asking the question, 'How can we comply with the constitution?'"

Hancock said Carnahan proposed Amendment 4 to help his re-election campaign.

"I'll believe him if he'll put the tax increase contained in SB 380 back on the ballot," Hancock said.