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MNEA Legislative Update

By Otto Fajen
MNEA Legislative Director

Number 4
Jan. 29, 2009

GOVERNOR DELIVERS STATE OF THE STATE ADDRESS
Gov. Jay Nixon delivered the State of the State address to a joint session of the House and Senate in the House Chamber at 7 p.m. on Jan. 27. The State of the State address gives the governor a chance to present his vision for the state and his budget priorities. Gov. Nixon emphasized job creation, education and healthcare. The governor proposed no cuts to the K-12 basic school funding program and even included proposed increases to early childhood education, Parents as Teachers and sheltered workshops. The governor’s budget proposal will maintain college scholarships and institutional aid at current levels in exchange for an agreement to maintain current college tuition rates.

While the governor anticipates that the federal stimulus package will pass and provide funding to avoid some cuts next year, he still proposed significant reductions in the state workforce, totaling a loss of 1300 state jobs.

As Missouri prepares to struggle through the economic downturn with insufficient state services and investment, the MNEA urges the governor and General Assembly to address the structural budget deficit, improve the fairness of the state tax code and ensure adequate funding for public education and other vital public services.

LEGISLATURE REJECTS PAY RAISE FOR ELECTED OFFICIALS
The Senate approved House Concurrent Resolution 5 (Mike McGhee) on Jan. 29, thereby blocking proposed cost-of-living adjustments for legislators and other elected officials. Under Article XIII of the Missouri Constitution, salaries for legislators, judges (other than municipal judges) and other elected officials are to be established and revised every two years according to a schedule created by a “citizen commission” appointed for that purpose. The pay raises are proposed by Dec. 1 of each even numbered year and go into effect unless a concurrent resolution to reject implementation of the entire schedule of pay raises is approved by a two-thirds majority of each chamber of the legislature before Feb. 1 of the following year.

The legislature has generally approved such resolutions and, thus, has blocked pay raises, including proposals to merely approve cost-of-living adjustments for themselves, for judges and other elected officials since the commission was created in 1996. The governor’s signature is not required for the resolution to become effective and stop the pay raises.

CHIEF JUSTICE DELIVERS STATE OF THE JUDICIARY ADDRESS
Missouri Supreme Court Chief Justice Laura Denvir Stith delivered the State of the Judiciary address to a joint session of the House and Senate in the House Chamber on Jan. 28. The State of the Judiciary address gives the chief justice a chance to update the legislature on the key initiatives of the Supreme Court. Chief Justice Stith identified the four strategic missions of Missouri’s courts:

1. Ensuring equal and affordable access to justice for all our citizens;

2. Providing a fair, unbiased and impartial forum for resolving disputes;

3. Effectively and efficiently administering our courts; and

4. Enhancing the public’s trust and confidence in the justice system and, indeed, the whole government.

The text of the entire address is available at this link.

Chief Justice Stith spoke about the urgent need to increase state investment in the public defender system. Missouri currently has the lowest per capita investment for its public defender system. This is not only a weakness in ensuring equal and affordable access to justice for all, but may present serious safety concerns. The U.S. Constitution guarantees all defendants a speedy trial and competent legal counsel. If Missouri does not successfully resolve the funding crisis for public defenders, state courts may be compelled to let prisoners go if they can not meet U.S. Supreme Court standards for a prompt trial with competent and prepared counsel.

COLLECTIVE BARGAINING
MNEA supports collective bargaining rights for all education employees. An effective bargaining process must have a unified employee voice. MNEA supports legislation that would treat all public employees fairly and that is built on broad consensus among public employee groups and public employers. An effective bargaining law must provide for exclusive bargaining representation, a duty for both employees and employers to bargain in good faith, binding agreements with a clear ratification process and a fair process to resolve impasse and grievances.

HOUSE ELEMENTARY AND SECONDARY EDUCATION COMMITTEE
The House Elementary and Secondary Education Committee held its initial meeting on Jan. 28. The committee heard the following House Bills:

1. H.B. 96 (Maynard Wallace) enacts numerous provisions regarding school safety. This lengthy bill makes a number of changes designed to increase employee liability protection, improve school safety precautions and improve notice and reporting of acts of school violence by students. MNEA testified in support of those efforts. Concerns were raised last year by law enforcement associations regarding broad language in the bill to allow school districts to commission peace officers. Rep. Wallace has indicated his willingness to address the concerns of the law enforcement community by limiting the scope of that provision and requiring buy in from all affected local law enforcement jurisdictions before the school would be allowed to proceed.

2. H.B. 242 (Gayle Kingery) allows school districts to change to a four-day-per-week school calendar. This bill presents an option for a substantial change in the school calendar that will affect students, parents, staff and communities. Missouri NEA noted that, while the proposal may offer operational savings that may appeal to some districts, significant concerns must be addressed concerning the impact of four-day schooling on students, parents and school employees. Lack of available child care on the fifth week day could be a safety and educational concern for students and a financial concern for parents. The extended school day may create difficulties for younger students and special education students. MNEA urges careful study of the experiences other states have had with this proposal prior to passage of such a bill. Missouri NEA also urges passage of a good collective bargaining law for all school employees to ensure they have an effective voice in improving their working conditions and their students’ learning conditions.

SENATE EDUCATION COMMITTEE
The Senate Education Committee met for the first time this session on Jan. 28 and heard the following Senate Bills:

1. S.B. 117 (Tim Green) requires the Department of Elementary and Secondary Education to recalculate state school aid for Riverview Gardens School District to correct an error. MNEA supports this measure to correct a financial error by a former district official that continues to have a profound negative effect on the district’s state aid, amounting to more that $2 million per year for the last three school years.

2. S.B. 55 (Rita Days) allows school districts to maintain permanent records digitally or electronically. This bill is being heard as a Consent Bill, meaning that it is considered to be noncontroversial in nature. If passed by the committee with Consent Status, the bill will be placed on a special calendar and taken up for floor debate without the option to amend the bill, but only to approve or reject it by a final vote. Missouri NEA testified in favor of this measure to improve efficiency of school recordkeeping.

3. S.B. 79 (Yvonne Wilson) modifies the definition of “bullying” as used in school district antibullying policies to include cyberbullying and electronic communications. Missouri NEA spoke in support of this measure to improve school safety.

4. S.B. 182 (Matt Bartle) prohibits the use or attempted use of false or misleading diplomas for admission to higher education institutions or in connection with businesses or employment.

HOUSE HIGHER EDUCATION COMMITTEE
The House Higher Education Committee held its initial, organizational meeting on Jan. 27. The committee chair will again be Rep. Gayle Kingery and the vice-chair will be Rep. Mike Thomson. Other committee members include Walt Bivins, Bob Dixon, Chuck Gatschenberger, Denny Hoskins, Rebecca McClanahan, Margo McNeil, Chris Molendorp, Sue Schoemehl, Jill Schupp, Mary Still. Missouri NEA is delighted to welcome Rep. McNeil, a recently-retired MNEA leader, to the House!

WAYS AND MEANS
The House Ways and Means Committee met on Jan. 29 to hear several bills, including House Bill 64 (Scott Lipke). H.B. 64 would reduce the top bracket of Missouri’s state income tax from six percent to five percent, reduce or eliminate taxes on the lower income brackets and increase the allowable deduction for federal income taxes paid. The bill’s fiscal note indicates a reduction of state revenues by $102 million per year, but the fiscal note radically underestimates the true impact of the bill, which would permanently reduce state revenues by at least $1 billion per year.

Missouri NEA testified in strong opposition to this bill, as it would make the state’s tax policy less fair, less adequate and less sustainable. In a session where the legislature is facing a difficult budgeting process due to declining state revenues, this bill would significantly compound the budget shortfall and require even more permanent cuts to state services.

HOUSE EDUCATION APPROPRIATIONS COMMITEE
The House Education-Appropriations Committee held a hearing on Jan. 28. The committee heard public testimony from witnesses for Access Missouri scholarships, vocational rehabilitation services, career and technical education programs, Parents as Teachers, Character Plus and University of Missouri Extension.

The committee plans to meet each of the next four weeks on both Tuesday and Wednesday at 2 p.m. in House Hearing Room1 to complete its work.

MISSOURI NEA’S COMPREHENSIVE GOVERNMENT RELATIONS PROGRAM
Missouri NEA needs a vigorous grassroots lobbying effort this session. Our members must take the initiative to contact legislators about the key issues affecting public education.

Here’s what you can do to support MNEA’s legislative agenda:

  1. Be a part of your local Government Relations Team.
  2. Take the initiative to contact local legislators now to discuss our key issues.
  3. Attend the legislative brunch or dinner in your area.
  4. Attend the Missouri NEA Capitol Action Days for your governance district. Capitol Action Days begin in early February and include most Wednesdays until the first week of May.
  5. Receive and read the daily MNEA Daily Legislative Update 2009 via e-mail while the legislature is in session from January to May.
  6. Visit the Missouri Legislative Action Center: http://capwiz.com/nea/mo/state/main/?state=MO. The Missouri Legislative Action Center is a convenient, Web-based way to lobby state legislators and other elected officials on key education issues. MLAC uses a program called CapWiz to make sending an e-mail on a priority issue quick and easy. As priority issues move forward this session, the MNEA Daily Legislative Update will provide links to action alerts on the MLAC Web site.

FINDING INFORMATION ABOUT BILLS
To find out more about legislation this session, go to: http://www.mnea.org/gr/legissues.htm. This page contains numerous links, including the NEA Legislative Action Center, which addresses key education issues at the federal level, and the Missouri NEA Legislative Action Center, which will address key education issues at the state level. This page contains links to legislative updates, the MNEA Legislative Platform, legislative priorities and other policy-related links.

To find information about a specific bill currently pending before the Missouri General Assembly, go to:
http://www.house.mo.gov/billcentral.aspx. Type the bill number (example: H.B.1000) or sponsor name in the “search” box to find a link to the bill. This link will take you to a “home page” for the bill that provides bill text, bill summaries, fiscal notes and information on legislative action on the bill.

CAPITOL ACTION DAYS RETURN
MNEA Capitol Action Days will allow planned, face-to-face contact with legislators throughout the legislative session. Capitol Action Days will generally be on Wednesdays starting with the first week in February and continuing through the first week of May. Your MNEA calendar includes the dates MNEA Board members selected for your governance district. If you are not able to attend on these designated days, feel free to contact MNEA Legislative Director Otto Fajen at otto.fajen@mnea.org to let him know when you can attend on another Capitol Action Day. The following is a typical Capitol Action Day agenda:

10:00 a.m. Meet for briefing, 2nd floor Capitol rotunda, Senate side alcove under the grand staircase

10:15 a.m. Visit with your legislator/watch floor debate

12:00 noon Invite legislator to lunch

1:00-4:30 p.m. Committee hearings, floor debate, visiting legislators

PLAN TO ATTEND YOUR MNEA LEGISLATIVE BRUNCH OR DINNER
Legislative involvement is close to home at your MNEA legislative brunch or dinner. The event is a great opportunity to visit with local area legislators and hear a legislative briefing. Area legislative brunch schedule:

St. Charles Feb. 26, 2009
Kansas City Feb. 28, 2009
Jefferson County Mar. 7, 2009
St. Louis Mar. 21, 2009



 

Legislative Update 2009
Missouri National Education Association
1810 East Elm Street
Jefferson City, MO 65101-4174
(573) 634-3202 or (800) 392-0236

Chris Guinther , President
Ben Simmons, Executive Director
DeeAnn Aull, Director of Programs and P.R.
Leila Medley, Political Director
Otto Fajen, Legislative Director
Judy Glover, Secretary

 

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