LEGISLATORS AND PEOPLE MUST VOTE ON SCHOOL TAX

With just three weeks remaining in the legislative session, the single most important piece of legislation this session seems a long way from passage: a rewrite of the school foundation formula. Legislators are already facinging the possibility of a special session, if resolution can't be achieved by the May 14 adjournment. Hanging over head is a ruling by Cole County Circuit Judge Byron Kinder that declared the state's formula for distributing school funds was neither equitable nor adequate.

On the table is a proposal by Gov. Carnahan to raise $365 in new taxes with $50 million in budget cuts to generate $415 million. It will be added to the $1.1 billion Missouri now allocates to elementary and secondary education. The plan is ambitious, and the governor should get credit for his strong emphasis on reform. In an address to legislators April 8, the governor detailed some 29 specific areas of emphasis to improve Missouri education.

We understand the need to infuse equity and adequacy in the formula - but why must it come at the whopping cost of more than $400 million? When candidate Carnahan was on the campaign trail, he proposed a $200 million tax increase to be enacted only with voter approval. Today, a scant six months later, Missourians are to get a tax increase twice as large and here's the kicker with no vote of the people.

Frankly, this proposal seems little more than Proposition B revisited - except that it asks for even more money. In 1991, Prop B sought $385 million in higher educational spending. Another major difference is that Prop B would have split this revenue 50-50 between elementary/secondary and higher education. Today's prpoposal totally ignores our colleges and universities and their pressing needs. You'll remember that voters slam dunked Prop B by more than a 2-1 margin just 18 months ago, with 112 of the state's 114 counties voting against it. No doubt that outcome plays into the thinking of politicians trying to skirt the voters this time around.

We agree that legislators should vote their conscience on this proposal,and not simply vote yes to send it to a popular vote. It's important in our representative form of government for people to know where lawmakers stand on such an important issue. And when the legislators have acted, the matter should be sent directly to the people.

Whether this proposal requires a vote of the people is being hotly debated in right now. Gov. Carnahan maintains the Hancock Amendment ceiling gives the legislature some $560 million in taxing ability without going to voters. State Auditor Margaret Kelly differs. She feels if this "liberal approach" is used, it is possible the Hancock limit on state taxation and spending may be exceeded, mandating a refund to Missouri voters.

It's not fair to say most taxpayers wouldn't foot the bill. The governor's proposal includes corporate tax hikes and sharply higher taxes on families with incomes above $100,000. But higher corporate costs will no doubt be passed onto consumers. Many taxpayers will also pay the bill through higher school taxes. The proposal would increase by 75 cents the current school levy minimum of $2 per $100 assessed valuation. That would mean a school tax increase again without a vote of the people in 291 of the state's 538 school districts. The average school levy would be increased in at least 66 of Missouri's 114 counties. That's a far-reaching impact. We also have to wonder, with all this extra funding, why would some schools receive less? A recent proposal reduces Nell Holcomb school district's state funding by 30 percent.

Misgivings also grow out of rushing this complicated proposal through the legislature. A rewrite of the foundation formula is enormously complex, as the bill exceeds 100 pages in length. An extraordinary late-night session of the Missouri Senate Thursday led to passage of an amendment that inadvertently raised the cost of the plan by $100 million. Carnahan remains supportive, and his staff says the extra cost will simply be removed when the bill reaches the House. It's a lesson on what can happen when matters are rushed.

The governor wants to sidestep a vote of the people because of Judge Kinder's ruling, which gave the legislature 90 days after the close of the current session to resolve this problem. But his ruling has been appealed to the Supreme Court, with no decision expected for months. If a package is approved by the General Assembly and sent to the people, surely that represents a good faith effort by the state.

The state faces a difficult task: to write a new foundation formula and find the revenues to pay for it. We understand the need for swift action, but the taxpayers cannot be dismissed. They are the ones footing the bill for this massive proposal. And voters will remember those who ignored them when re-elections come due.