RULING ON HUGE SCHOOL-TAX BILL RAISES EVEN MORE QUESTIONS

A lawsuit challenging the Outstanding Schools Act recently made it to the Missouri Supreme Court, where most of that act was upheld. Filed by three state representatives, the lawsuit alleged the act, which contained $310 million in higher taxes, was unconstitutional because it contained more than one subject matter, mixing education and taxes. The court rejected this argument. Chief Justice John Holstein wrote, "Giving the measure the liberal reading required to sustain its constitutionality under the single subject provision (of the Missouri Constitution), SB 380 contains only one subject, education, which is set forth in the title of the bill."

The plaintiffs had argued, correctly, that the original Senate bill had passed without any taxes at all, and that former Speaker Bob Griffin's action in inserting taxes had violated the Constitution. The court waved aside this objection, saying the taxes were for education and thus covered in the bill's title.

Another portion of the bill, and one absolutely indispensable to its passage, was struck down by the court: the "contingent referendum" clause that purported to give Missourians a vote on the measure. Griffin came to the rescue again, adding language commanding the bill to be sent to a popular vote if the Supreme Court didn't affirm a lower-court decision striking down the foundation formula as unconstitutional. (That case is pending in the lower court after being sent back there by the Supreme Court.)

Then the court went a step further, raising a possible conflict between portions of the Constitution. The court said the Constitution "also exempts from referendum laws for appropriation of funds ... for the public schools." If this is true, then what can be said of the tax limitation amendment voters overwhelmingly approved in April? It requires all but the smallest tax and fee increases -- those below $50 million or one percent of total state revenues, whichever is smaller -- to be sent to a public vote.

Resolution of such a question will have to await another lawsuit. Meanwhile, the Outstanding Schools Act, which would never have become law without the phony referendum struck down by the court, strengthens its grip on Missouri schools.