Last Friday at 6 p.m., the curtain fell on another legislative session in Jefferson City. In the absence of a special session, excepting only a two-day session in September to consider bills the governor vetoes, that's it until next January.
As is nearly always the case in evaluating lawmakers' work product, the results are a mixed bag. Among high priorities that should have received action, the first rewrite of Missouri's juvenile crime bill since the 1950s stands out, but even its many good features are marred by a major flaw. For the first time in Missouri's history, according to this bill, judges will be directed to consider the race of defendants coming before them when making decisions on whether and when to certify an individual offender to stand trial as an adult. This is a departure from the ideal of color-blind justice and a flaw of sufficient magnitude to merit a gubernatorial veto of an otherwise meritorious bill.
Missouri voters will get an opportunity to vote on a tax limitation amendment to the state constitution. The proposal provides for a vote of the people on any tax or fee increase in any fiscal year of greater than $50 million or one percent of state revenues, whichever is less. The measure is a substantial improvement over what was originally introduced on behalf of Gov. Mel Carnahan, but it could have been further improved had a series of Senate amendments not been defeated on party-line votes. Among these meritorious amendments that were defeated was one that would have construed the tax laws of the state against the taxing authority and in favor of the taxpayer. Another would have prohibited the state from commanding local entities such as school districts from increasing local tax levies, as was done in Senate Bill 380. Yet another would have barred the use of public funds either to support or oppose a measure in an initiative campaign.
The tax limit measure says that it can be placed before voters for approval at the November 1996 general election or at such other occasion as the governor shall choose. If the measure is as good as the governor says it is, there is no valid argument for waiting 18 months to let voters adopt it. Gov. Carnahan should put the measure before voters at next year's April municipal and school elections and not a day later.
Among the greatest disappointments of the legislative session was the complete failure to deal with much-needed workers' compensation reform. This is the third year in row that lawmakers have failed to pass the sort of tough reform measure that has brought down rates in other states such as Kansas, Oregon and Colorado. From the examples of these and other states, we know how to fix a system that has grown far too litigious.
Workers' comp is a billion-dollar cost item for Missouri business and a job issue of the first magnitude. The opposition of the trial lawyers notwithstanding, most Missourians know this reform is needed. Gov. Carnahan should heed the call of a bipartisan majority of lawmakers in both houses who last week signed a letter asking him to call a special session to deal with this vital matter.
Many veteran lawmakers called this session the most frustrating they had seen in 20 years or more. That is not all bad, as it was one that saw many bad bills killed, such as collective bargaining for public employees. For that and other small favors, Missourians can be glad their lawmakers have been sent home.
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