LAWMAKERS DEFEND DESEGREGATION TAX

JEFFERSON CITY - Area legislators are strongly behind a bill that received first round approval in the Missouri House this week requiring the Kansas City School District to impose taxes to pay its share of court-ordered desegregation costs.

Although the bill is likely to win final approval by a wide margin later this week, its future in the Senate is uncertain because a single senator can filibuster to prevent a vote. Kansas City area senators are expected to try and block a final vote in that chamber.

Kansas City area representatives voiced strong opposition to the proposal in the House before a vote was taken.

"I hope it goes somewhere, but I'm not sure what its future will be," said Rep. Mary Kasten, R-Cape Girardeau. "The Kansas City legislators were sure fighting it in the House."

Although the proposal is a constitutional amendment that would require voter approval to take effect, there is some question whether the plan would violate the U.S. Constitution.

"We are just trying to make the point that we are against it," declared Rep. Dennis Ziegenhorn, D-Sikeston. "You have to start somewhere. I don't think our law is going to take precedence over federal law, but it is a good vote because everyone feels they should be paying their share."

Rep. Phil Tate, D-Gallitan, the sponsor of the bill, said the state has had to pay $100 million in desegregation costs in Kansas City that should have been paid for by the school district. He noted that this amount is over and above the state's court-ordered share.

"We'd just like to see them pay their fair share as ordered by the court," he observed.

If the plan were approved by the legislature and then voters, the Kansas City school board would have six months to decide what to do. The options include a state income tax surcharge, a half-cent sales tax, a one percent earnings tax, and higher property taxes. If the board failed to act, residents and businesses in the district would have to pay a surcharge equal to 25 percent of the state income taxes they pay.

Rep. Larry Thomason, D-Kennett, pointed out, "They are still not paying their share in Kansas City so it falls on the deep pocket of the state when they don't pay their share."

Thomason said the school district residents have repeatedly rejected tax increases to pay its share. But Thomason said there is no incentive for the district to increase taxes because when they come up short, the state has to make up the difference.

Thomason is not optimistic the bill will make it through the Senate. "All it takes is one senator to stop it," he remarked. "I hate to see it happen that way, but that's what I expect. Assuming you get it out of committee, if it gets to debate, one senator can get up and stop it."

Rep. David Schwab, R-Jackson, agrees with the other legislators that people in outstate Missouri are tired of having to pay for desegregation in St. Louis and Kansas City. This year the state is spending $360 million on desegregation.

Schwab said he is angry about having to divert state funds for desegregation like everyone else, but is not completely pleased with the bill passed by the House.

"One of the concerns I have with the bill is that we are forcing people to come up with taxes," said Schwab. "I'm not real happy with the philosophy of how we are doing this.

"To me, we are dealing with the subject from the wrong direction. I would rather be dealing with the court case rather than play their game and force the people in Kansas City to pay additional taxes. But, I don't feel like we have a choice."

Thomason said people in his district continually ask why they have to pay for desegregation costs. He noted that the vote for the bill was not a matter of frustration or vindictiveness, but rather "just a matter of my people don't want it."

Ziegenhorn added, "This is not a cure-all, but it's under everybody's craw in outstate Missouri and they want people in Kansas City to pay their share."

Thomason said the bill does not apply to St. Louis because they are paying their share of the costs.

Sen. Jerry Howard, D-Dexter, pointed out that an effort was made to get this kind of bill passed in the House several years ago but it failed because there was not the kind of animosity toward state desegregation funding that their is now.

"When the school district fails to pay its share of federally-ordered costs it falls back on the state. I think the state should have the right to force some kind of liability on them," said Howard.

The senator said there likely will be a filibuster, but pointed out, "with that opportunity they are going to lose an opportunity to correct a bad situation that is reflecting on the Kansas City school district negatively.

"They can stand up and be counted or take the political solution. What needs to be done is to respond to their own needs out there."

Howard said regardless of what approach is taken, the matter needs to be addressed.

Ziegenhorn said he believes the wrong "House" is involved in the issue. He suggested the U.S. House of Representatives needs to become involved and take action to restrict the kind of desegregation rulings that are being handed down.

Kasten said she is among a group of legislators pushing a concurrent resolution to members of Congress urging them to follow guidelines from a recent U.S. Supreme Court ruling and suspend the authority of the federal courts to administer the St. Louis and Kansas City desegregation programs for the next three years.

During this three-year period, Kasten said there would be an opportunity for the school administrators and parents to work together toward a solution.

"We believe parents and educators should be making these decisions in our local schools, not the federal judges," declared Kasten.