Editorial: Legislators will consider, again, taking away the kicker

Published 5:00 am Wednesday, January 15, 2025

Some things you can count on. It will be sunny in Bend, a lot. And on those sunny, winter days, traffic can be heavy heading up to Bachelor. And there might be a few less people showing up at work.

And in the Oregon Legislature in January, rain or shine, a bill will likely appear to do away with Oregon’s kicker law. It’s there again.

The kicker is the only-in-Oregon law embedded in the state constitution that can give taxpayers money back. If actual revenue over the Legislature’s two-year budget cycle is more than 2% higher than forecast when the budget was adopted, money comes back. The corporate kicker revenue is slightly different. It goes into the general fund for K-12 education. Send your love or your ire for the kicker to former state Sen. Tim Knopp, R-Bend. He is in large part responsible for the kicker’s place in the state constitution.

It’s not easy to guesstimate how much revenues will be even with the 2% margin of error. And the guesses have frequently been wrong. The personal kicker and the corporate kicker kicked in 2013-2015, 2015-2017, 2017-2019, 2019-2021 and 2021-2023. It has not always been a certainty.

The best arguments for the kicker are perhaps two: It is a way of controlling government spending and voters approved it.

The best arguments against the kicker are also perhaps two: It makes more sense to decide government spending by legislators elected by the people than a somewhat arbitrary mechanism. The kicker also doesn’t necessarily return money to people who need money the most.

The bill this January is Senate Joint Resolution 15 introduced by state Sen. Lew Frederick, D-Portland. It seeks to end the requirement that the revenue be returned to taxpayers for the personal income kicker. The Legislature can’t just change it. The bill refers the matter to voters for a vote.

We are fond of getting kicker money back, when we do. But we certainly don’t have a problem with the Legislature voting to ask voters to decide if the personal kicker should stay or go. Tell your legislators what you think.

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