DOES TAX INCREASE DESERVE A VOTE:?

It is safe to say that a large majority of Missourians wanted the oppotunity to vote on whatever education tax increases were to be imposed by Gov. Mel Carnahan and a legislative majority in 1993. This governor, acting together with a legislative majority he constructed, carefully and craftily undertook to ensure that such a vote wouldn't happen. Senate Bill 380 took effect last year, upon Gov. Carnahan's signature, effectively denying Missourians the vote their governor had promised during his 1992 campaign for the mansion. Or did it?

Recall that Gov. Carnahan, during his campaign, promised to push for an additional $200 million in funding for education but repeatedly stressed that this would happen only after Missourians voted on the proposal. Safely past the electorate, Gov. Carnahan reneged on that commitment and twisted enough legislative arms to enact -- not $200 million -- but $350 million-plus in higher taxes. All without a vote of the people.

Will that public vote ever come about? It still might, if State Rep. Todd Smith, R-Sedalia, has his way. Rep. Smith has written our secretary of state to see if, following a recent Supreme Court decision, she has any intention of putting SB 380 on the ballot this November. Herewith, his letter:

"July 1, 1994

Ms. Judi Moriarty

Missouri Secretary of State

State Capitol

Jefferson City, Missouri 65101

"Dear Judi:

"In light of the recent Missouri Supreme Court decision regarding the school foundation formula, I am writing you today to inquire about your intentions on placing this issue on the ballot, and the process the state will have to go through.

"As you know, Senate Bill 380, Section D, as passed in 1993, stated that the entire bill, both the tax increases and the education 'reforms' shall be placed on the next general election ballot if the Missouri Supreme Court did not 'affirm in whole or in part' the lower court's decision. As you are probably aware, the court did not 'affirm' any part of Judge Kinder's decision, thus triggering the referendum clause.

"Since Senate Bill 380 did not include any ballot language as is the normal practice of the legislature, drafting the ballot wording apparently falls upon your office to accomplish.

"Failure to place this on the ballot will violate state law, legislative intent, and confidence with the voting public, and obviously will generate a lawsuit. Such suit(s) will merely add additional costs to the state and to the plaintiffs, and further delay resolution of this important issue.

"Please answer the following questions:

"1) What is the time frame for you to make a decision on placing this on the ballot, and what is the last possible day for you to order an issue on the ballot? When would a court have to order placement of the issue, to give you time to draft ballot language and circulate it to the election authorities?

"2) Will the public have input into the ballot language? Will the House/Senate Joint Committee?

"3) If the legislature were to call itself back into special session to clarify the issue, and assuming there is an emergency clause attached to such legislation, what is the last possible date for us to deliver it to you?

"4) Does your reading of Senate Bill 380 agree with mine, in that it requires this issue to be placed on the November ballot, and not on the August ballot?

"I request your immediate response, no later than July 15th, so that appropriate action may commence.

"Sincerely Yours,

Todd Smith

State Representative"

The history of SB 380's referendum clause is fascinating. Unable to gain sufficient commitments from state representatives to pass 380, House Speaker Bob Griffin and his staff carefully crafted the above-quoted referendum passage. By this device, a sufficient number of lawmakers were given the cover needed to vote for a noxious bill, and the requisite majority was achieved.

Is it possible that Speaker Griffin's referendum clause will be triggered? The first part of that answer lies with the embattled Moriarty, who as of this week hadn't responded to Rep. Smith's letter. Don't hold your breath. But Smith and other legislators are prepared to go to court to force her to put the bill before the voters, thus fulfilling Gov. Carnahan's 1992 campaign promise.

Stay tuned. The long and tortuous road SB 380 has taken may just be about to take another wierd turn, as fascinating as it is largely unexpected.

Peter Kinder is associate publisher of the Southeast Missourian. He represents the 27th district in the Missouri Senate.