HANCOCK HOPES TO TIGHTEN AMENDMENT'S WORDING

SPRINGFIELD - The author of Missouri's constitutional tax and spending limitation says he is fed up with the way state legislators have circumvented the intent of his amendment, and he has formed a new group to tighten the language.

"I have been shocked by every legislative session to see how people have squirmed, cheated and otherwise found ways to get around violating the constitution with tax increases," said Mel Hancock of Springfield, who started a movement in 1978 that led to voter passage in 1980 of what is known as the Hancock Amendment.

Hancock, who is now serving his third term in the U.S. House from the 7th District, said when the original amendment was drafted he had no idea it would be circumvented the way it has.

Last week, Hancock and a group of supporters organized several committees, including one known as the Hancock II Committee, which will draft a stronger version of the amendment and seek enough signatures to have it placed on the ballot in 1994.

The effort was triggered by action taken in the last session of the Missouri General Assembly; lawmakers approved a $310 million tax increase for elementary and secondary education without a vote of the people. Hancock maintains the people deserved the right to vote on whether to increase their taxes.

"Some people have said they have never seen such a display of arrogance of power as in the last legislative session," said Hancock.

Gov. Mel Carnahan urged lawmakers to approve the tax hike and new school foundation formula without a vote because of the need to respond to a circuit court ruling that the formula was unconstitutional. The governor argued that if lawmakers failed to act, judges would wind up rewriting the formula and would likely impose much higher tax increases.

Hancock points out that on May 27, the U.S. House passed what will likely be the largest tax increase in the history of the country if it is approved by the Senate, and on the same day Carnahan signed into law Senate Bill 380, which is the largest tax hike in the state's history.

"We are not taking issue with the foundation formula or the fact that the money proposed in this tax will fund public education," said Hancock. "But Mel Carnahan cam~paigned on that issue that he would try to get $200 million for education with a vote of the people, if they elected him. After he was elected, he pulled the same stunt Bill Clinton has.

"He has used the courts and a flagrant abuse of the powers of government to thwart his will on the people, and (he) basically said we're not smart enough to understand what he is doing. Most of us went through public education, and if we are not smart enough to understand it, why would we want to give more money to public education?"

Hancock said he has agreed to become honorary chairman of the Hancock II Committee. Among those helping to draft the new constitutional amendment will be former Rep. Bud Barnes of St. Louis County.

Hancock complains that even if legislators have not violated the amendment legally in recent years, they have violated the intent of the amendment; some have even admitted that.

"We do not want to damage government or any segment of our society, but we know ultimately we will come to a point where government is taking so much of your productivity that you are no longer a free individual," said Hancock. "The only way to put an end to it is the way the founding fathers did they took away the king's ability to tax."

Hancock said his group will not attempt to force a vote on Senate Bill 380. He noted, "I don't care how they handled the foundation formula as long as it is fair to all school systems. But I do care they are not using existing state revenues and potentially will violate the amendment."

Gov. Carnahan has said the Office of Administration and his staff have determined the $310 million tax increase is within the revenue growth range of the Hancock Amendment. But State Auditor Margaret Kelly is suggesting the increase may very well trigger the amendment and force the state to refund money to taxpayers.

When there is uncertainty about violating the constitution, the tax issue should be taken to voters, Hancock believes.

Said Hancock: "If there is any question about whether to violate the constitution and there is a way to avoid that with a vote, they should take the vote. If the people pass it, then the state does not need to worry about whether the constitution has been violated."

Hancock has also formed several other groups. One advisory group of seven attorneys will decide what the options are for legal challenges to past legislative action that might have violated his amendment.

He pointed out that there are several instances where the state legislature has passed tax increases but worded the bill in such a way to specifically keep the funds from being included in the state revenue limit.

Hancock has also asked Kelly for some specific figures to help him determine whether the constitution has been violated. "I'm telling her the figures I want and she has agreed to get them for me; then I will do the analyzing."

A finance committee has also been formed and raised the $50,000 needed to kick off the effort in a few days with little effort. Hancock sees that as a clear signal that voters are fed up with having the amendment bypassed. Contributions to the effort can be sent to: Hancock II Committee, P.O. Box 2210, Springfield, Mo. 65801.

"We've got a battle on our hands," summed up Hancock. "Those people have the powers of government and an $11 billion state budget to fight us with. But the people can limit their government if they want to."