| By
Otto Fajen
MNEA Legislative Director
Number
16
April 30, 2009
SUPPRESSION OF UNION ORGANIZING EFFORTS
The House gave first round approval (perfection vote)
to House Joint Resolution 37 (Mike Cunningham) on Apr.
27. The final passage vote was expected on Apr. 30,
but the joint resolution was not taken up for a vote.
The
HJR is a proposal brought forward by opponents of HR
1409, the federal Employee Free Choice Act. The EFCA
is intended to reduce employers’ ability to intimidate
employees and undermine union support in representation
elections. HJR 37 is a state-level effort to negate
the effect of the EFCA in Missouri.
Missouri
NEA strongly opposes HJR 37. Rather than passing this
harmful, anti-union measure, the Association urges the
legislature to enact an effective bargaining law that
treats all public employees fairly.
Several
amendments were adopted, including an amendment containing
specific ballot language for the joint resolution which
casts the resolution in a particularly favorable light.
Under the Missouri Constitution, the drafting of such
language on initiatives and referenda is normally the
duty of the Secretary of State. The joint resolution
was amended to correct two drafting errors: one amendment
clarifies that election of public body leadership, such
as the Speaker of the House and school board presidents,
would not be done by secret ballot; and, the second
amendment ensures that the joint resolution would actually
apply if EFCA became law. Interestingly, an amendment
offered by Rep. Gina Walsh to clarify that the joint
resolution would not be interpreted in a way that violates
federal law was defeated on a roll call vote.
HOUSE
PASSES HUGE, PERMANENT INCOME TAX CUT
The House gave final approval (third reading vote) to
House Committee Substitute for Senate Committee Substitute
for Senate Bill 71 (Bill Stouffer) on Apr. 30 by a vote
of 86-66. The bill creates a tax credit for contributions
to developmental disability care providers. The notable
addition of the HCS was to enact a two-year state income
tax cut of $1 billion. Rep. Bryan Pratt amended the
bill on the floor to make the tax cut permanent at about
$500 million per year. The bill lowers the income tax
rate from six percent to five and one-half percent.
Missouri
NEA opposes the 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
tax cut would undermine the intent of the federal stimulus
and stabilization funding, compound the state revenue
shortfall and lead to huge, permanent losses in state
services that benefits all Missourians.
BUDGET-RELATED
BILLS
The House gave first round approval (perfection vote)
to House Bill 21 (Allen Icet) on Apr. 29. The bill contains
over $2.2 billion in federal stimulus funding. The bill
was given final passage (third reading vote) on Apr.
30 by a vote of 120-22.
The
House gave first round approval (perfection vote) to
H.B. 22 (Allen Icet) on Apr. 29. The bill contains about
$350 million in federal stabilization funding. It was
defeated on final passage (third reading vote) on Apr.
30 by a vote of 68-82. The defeat of H.B. 22 may be
an effort to bolster the case for passage of the huge,
permanent income tax cut contained in Senate Bill 71.
However, the federal government has already given clear
indication that it regards the use of budget stabilization
funds to fund tax cuts as a violation of the intent
of the federal stimulus bill.
The
Senate Appropriations Committee approved House Joint
Resolution 32 (Chris Kelly) on Apr. 29. The HJR creates
the Fifth State Building Fund, to be funded by general
obligation debt of the state. As amended by Sen. Kurt
Schaefer, the total amount of debt authorized would
be $800 million, with $550 million for public higher
education capital investment and up to $250 million
in state and other public buildings.
BUDGET
CONFERENCE
The conference committee on the remaining operating
budget bills, House Bills 2-13 (Allen Icet), began meeting
on Apr. 29. Senate conferees are Sens. Gary Nodler,
Rob Mayer, Scott Rupp, Joan Bray and Tim Green. House
conferees are Reps. Allen Icet, Rick Stream, David Sater,
Chris Kelly and Shalonn Curls. Further conferences were
conducted on Apr. 30, and a conference is also scheduled
for May 1. Conference committee action was completed
on H.B. 2 (the elementary and secondary education budget)
and H.B. 3 (the higher education budget) on Apr. 29.
The House and Senate have until May 8 to complete work
on all budget bills during the regular session.
Notable
conference action on H.B. 2 includes:
1.
Reducing the federal budget stabilization supplant
funding in the formula from $500 million to $459 million
but keeping the slightly higher Senate total of $3.004
billion.
2.
A total of $7 million in state professional development
funding. $6.709 million will be distributed proportionally
based on the amounts specified in the Senate version
with detailed itemization of expenditures but reduced
down proportionally from a $10 million total expenditure
to the conference committee figure of $6.709 million.
An additional $136,000 will be appropriated for school
board member training and $156,000 for financial training.
The Department of Elementary and Secondary Education
may divert some of this professional development funding
to support the Scholars and Fine Arts Academies, but
separate funding for the academies was eliminated.
3.
Stimulus funds for Title I, special education, First
Steps, vocational rehabilitation and independent living
centers will be appropriated through House Bill 21
(Allen Icet) at the maximum allowable amounts.
4.
The Senate’s extra $1 million in stabilization
funds for eMINTS was retained.
5.
The extra $3.587 million in the House position on
funding for sheltered workshops was retained.
Notable
conference action on H.B. 3 includes:
1.
Distribution of a total of $40 million in one-time
funding for any purpose distributed to Linn State
Tech, the community colleges and public four-year
institutions in proportion to the original distributions
proposed to the institutions in the Caring for Missourians
healthcare professions initiative.
2.
A net, unrestricted core increase of $2 million for
MORENet that can be used for video and network equipment
replacement for public schools.
3.
$6.55 million in operating funds for the Mid-Mo Mental
Health Center.
THREE
OMNIBUS EDUCATION BILLS MOVE TOWARD FLOOR DEBATE
The House Elementary and Secondary Education Committee
has voted out three omnibus education bills (House Committee
Substitute for Senate Bill 55 (Rita Days), HCS/S.B.
79 (Yvonne Wilson) and HCS/SS/SCS/S.B. 291 (Charlie
Shields). It is not clear which of the bills will actually
be taken up, debated and voted on by the House. HCS/S.B.
55 is on the House calendar but has not been “noticed”
for debate by Majority Floor Leader Steve Tilley. HCS/S.B.
291 has been voted out of the Rules Committee but is
not on the calendar, and HCS/S.B. 79 has been referred
to the Rules Committee and has not been heard or acted
on by the committee.
HOUSE COMMITTEE RECONSIDERS HCS/S.B. 291 (OMNIBUS EDUCATION
BILL)
The House Elementary and Secondary Education Committee
reconsidered and reapproved a House Committee Substitute
version of the Senate’s omnibus education bill,
Senate Substitute for Senate Committee Substitute for
Senate Bill 291 (Charlie Shields) on Apr. 27. The changes
from last week’s version were technical corrections
to better reflect the intent of the many amendments
adopted last week.
The
original bill allows school districts to offer virtual
courses to resident students and count the courses for
formula aid purposes. The HCS includes many other provisions
affecting collective bargaining, school funding, school
governance and transition, retirement, early childhood,
teaching standards, four-day school week, bullying policy,
charges against school employees, minimum teacher salaries,
inclement weather make-up days, school records, special
education, charter schools, open enrollment, A+ Schools
expansion, college enrollment of undocumented aliens,
school facilities, school activities, physical education,
alternative certification for finance teachers, criminal
background checks, volunteering, mentoring, performance
pay schemes and many other provisions.
The
Missouri NEA supported the original bill, including
the school funding provisions, teaching standards, school
records, dropout prevention, charter schools and continuity
of education for children in foster care. However, the
Association strongly opposes the HCS, particularly the
collective bargaining provisions, which would deny teachers
the right to bargain collectively through a representative
of their own choosing, the provisions that stigmatize
innocent employees wrongly accused of misconduct and
the performance pay mandate. The Association will work
to make sure these concerns are addressed on the House
floor or to have the problematic provisions removed
from the bill in conference, if the bill continues to
move.
HOUSE
COMMITTEE CREATES HCS/S.B. 79 AS OMNIBUS EDUCATION BILL
The House Elementary and Secondary Education Committee
met on Apr. 28 and voted out another omnibus education
bill, House Committee Substitute for Senate Bill 79
(Yvonne Wilson). It modifies the definition of “bullying”
as used in school district anti-bullying policies to
include cyberbullying and electronic communications.
The Missouri NEA supports most of the provisions of
the HCS version of S.B. 79. The HCS/S.B. 79 includes:
H.B.
73 – state teaching standards
S.B. 96 – Foster Student Bill of Rights
S.B. 64 – charter school sponsor accountability
S.B.s 543 & 24 – removal of base per pupil
amount growth cap, gifted pupil weight and Prop A
formula revisions, one percent minimum base amount
growth on formula per pupil amount, state formula
aid for St. Louis Special School District for private
school students on Individual Service Plans
H.B. 356 – small schools expansion
H.B. 387 – Quality Rating System for early childcare
H.B. 542 – Riverview Gardens formula fix
S.B. 291 – virtual courses by school districts
H.B. 1115 – removes summer school state aid
penalty
S.B. 558 – A+ Schools expansion, Missouri Promise
Program and Bright Flight increase
H.B. 490 – A+ Schools definition technical cleanup
S.B. 79 – cyberbullying in bullying policy
H.B. 516 –- additional requirements for bullying
policies
S.B. 55 – digital school permanent records
H.B. 87 – fuel tax exemption
H.B. 304 – school travel time
H.B. 689 – background check transferability
H.B. 682 – permanent, inclement weather make-up
day provisions
H.B. 1102 – flexible high school student schedules
and compulsory attendance age based on reaching 16
credit hours rather than age 16 years training requirements
for school food services directors
S.B. 182 – diploma mills
H.B. 659 – lapsed districts governance transition
H.B. 289 – special education due process, a
requirement for school policies on special education
and seclusion rooms, a provision to allow students
to keep computers and other equipment provided in
certain supplemental education programs
H.B. 373 – GED fund, a one-time, extra election
day with four-sevenths approval of school debt
H.B. 242 – four-day school week
H.B. 937 – transfer of federal stimulus grants
for capital projects
H.B. 509 – physical activity
S.B. 175 – special education Parents Bill of
Rights
H.B. 390 – immigration and higher education,
and removal of tenure for non-certified staff in St.
Louis City schools
HOUSE
APPROVES GUNS ON COLLEGE CAMPUSES
The House approved Rep. Brian Munzlinger’s House
Amendment 4 to Senate Bill 171 (Bill Stouffer) and gave
the bill final approval on Apr. 29. The bill relates
to liquor control. The amendment removes the current
ban on possession of concealed weapons at public institutions
of higher education. Similar language is also included
in H.B. 668 (Kenny Jones). In both cases, the language
was amended on the House floor, so the language has
been adopted without a public hearing in a committee
where opponents could voice their opposition.
The
Missouri NEA strongly opposes the measure. The bill
will adversely affect the safety of students, staff
and visitors at our public colleges and universities.
The fact that the amendment was added onto a bill on
another subject may ultimately cause the provision to
be vulnerable to a court challenge on the basis that
the bill is unconstitutional because it pertains to
more than one subject.
NO
TAX JUSTICE IN “FAIR” TAX
On Apr. 29, the Senate Ways and Means Committee began
hearing House Committee Substitute for House Joint Resolution
36 (Ed Emery) but did not finish hearing testimony from
opponents and may continue the hearing later this session.
The bill eliminates the state income tax and replaces
it with a state sales tax. The state needs a fair, adequate
and sustainable tax policy to fund investment in public
schools and other vital services. However, the joint
resolution would make Missouri’s tax code profoundly
less fair, less adequate and less sustainable. Missouri
NEA strongly opposes this type of regressive tax change
that keeps Missouri from obtaining the revenue it needs
to invest in public schools, public higher education
and other vital public services like healthcare.
The
resolution is supposed to be revenue neutral in the
aggregate, but it will shift taxes from wealthier taxpayers
to the working poor and middle class. Also, based on
the fiscal note, the joint resolution falls at least
$2.2 billion short of replacing the roughly $6 billion
in state income tax eliminated by the joint resolution,
and a higher sales tax rate will be needed.
RETIREMENT
The Senate gave final approval (third reading vote)
to Senate Committee Substitute for House Bill 265 (Ward
Franz) on Apr. 21. The bill is similar to Senate Bill
327 (Jason Crowell) and makes several changes regarding
the Public School Retirement System of Missouri and
the Public Employee Retirement System of Missouri.
The
Senate version of H.B. 265 contains several provisions
regarding individuals employed by school districts after
retirement from the system. Recent conversations with
the sponsors of the two bills indicate that the provisions
regarding working after retirement will be stripped
out of H.B. 265 in conference and dealt with more fully
next legislative session.
SENATE
EDUCATION COMMITTEE
The Senate Education Committee met on Apr. 29 to hear
House Committee Substitute for House Bill 390 (Jerry
Nolte). The bill bans all undocumented aliens from attending
public institutions of higher education. Missouri NEA
opposes the bill. The Association believes that denial
of education services is not a substitute for comprehensive
immigration policy reform.
STANDARDS FOR PETITION CIRCULATORS
The House Special Standing Committee on General Laws
met on Apr. 28 to hear House Bill 837 (Rachel Storch).
The bill contains additional standards for petition
circulators: prohibits paying signature gatherers by
the signature, a practice that has been shown to lead
to fraudulent practices; requires signature collectors
to be Missouri residents; prohibits a person who has
committed forgery from collecting signatures; requires
signature gatherers to register in advance with the
Secretary of State and swear by affidavit that they
will comply with all requirements regarding petition
signature gathering; and, increases penalties for signing
false names on petitions. The House has already taken
up and passed a similar bill, H.B. 228 (Michael Parson).
Missouri
NEA supports this effort to reduce fraud in the signature-gathering
process for initiative petitions. These efforts will
help ensure that the initiative process is truly reflective
of issues of concern to Missourians.
SENATE
DEBATES BILLS ON UNACCREDITED SCHOOL DISTRICTS
The Senate debated Senate Committee Substitute for House
Bill 488 (Rodney Schad) on Apr. 27, but did not bring
the bill to a vote. The bill gives the State Board of
Education additional options regarding unaccredited
school districts, such as the timing of the determination
of unaccredited status, the purpose of the required
hearing in the district and the possibility of allowing
the school board to continue to govern the district
with terms and conditions specified by the state board.
Several
amendments were adopted including: Sen. Yvonne Wilson’s
amendment that calls for a joint interim committee study
of school governance issues for Kansas City Missouri
School District; Sen. Scott Rupp’s amendment requiring
14 days notice prior to school opening day regarding
public school choice options mandated for a district
under the federal No Child Left Behind Act; and, Sen.
Jeff Smith’s amendment that creates a state funded
program of teacher differential pay in unaccredited
districts in the areas of math, science, special education
and English as a Second Language.
Sen.
Smith’s amendment was narrowly approved by a vote
of 18-15 after which the bill was immediately parked
on the informal calendar by the Senate handler, Sen.
David Pearce. Sen. Smith’s amendment broadened
the title of the bill. Its adoption opened the door
for many further amendments and the possibility of another
omnibus bill, but the bill was quickly parked and debate
postponed before further amendments could be offered.
The
Senate debated H.B. 659 (Gary Dusenberg) on Apr. 30,
but did not bring the bill to a vote. The bill allows
the State Board of Education to provide for a gradual
transition from a special administrative board back
to an elected school board for an unaccredited school
district. Sen. Yvonne Wilson offered an amendment requiring
the Joint Committee on Education to study governance
issues for the Kansas City Missouri School District,
and the bill was laid over before a vote with that amendment
pending.
PROTECTING
MISSOURI’S FAIR AND IMPARTIAL COURTS
The Senate debated House Joint Resolution 10 (Stanley
Cox) on Apr. 29, but the joint resolution was not brought
to a final vote. The HJR revises Missouri’s Non-Partisan
Court Plan in a number of ways, including increasing
the number of governor-appointed members of the Appellate
Judicial Commission from three to four by removing the
Supreme Court member from the commission and substituting
an at-large gubernatorial appointee.
The
Missouri Nonpartisan Court Plan is essential for the
state to select qualified judges in a way that limits
partisan politics in the selection process. This non-partisan
plan is so effective that a majority of states have
adopted some version of the “Missouri Plan.”
Fair and impartial courts are vital to democracy and
the preservation of our rights, including the fundamental
right of access to a great public school. The Missouri
NEA opposes the joint resolution and urges the General
Assembly to refrain from any changes in the Missouri
Non-Partisan Court Plan.
RESTRICTING
LEGISLATIVE ACCOUNTABILITY
The Senate Governmental Accountability and Fiscal Oversight
Committee met on Apr. 30 to hear Senate Joint Resolution
15 (Jane Cunningham). The SJR provides that no court
can order the legislature to enact legislation to raise
taxes. The SJR appears to be an attempt to prevent the
legislature from being held accountable if it is found
to be in violation of the constitutional requirement
to adequately and equitably fund public schools, though
it is unclear whether the SJR would have any meaningful
effect in such a case. The Missouri NEA believes the
legislature should be accountable to the people through
the court system to meet its constitutional obligations.
WORKPLACE
DISCRIMINATION
The Senate debated House Committee Substitute for House
Bill 481 (Timothy Jones) on Apr. 27, but the bill did
not come to a vote and was parked to await possible
future debate (placed on the informal calendar). HCS/H.B.
481 bans punitive damages on unlawful workplace discrimination
claims against public employers and extends that ban
to similar claims against the employer’s officer
or employee.
The
Missouri NEA opposes the bill. The bill will undermine
accountability for unfair, discriminatory treatment
of employees in the workplace. Such unfair treatment
can create a hostile or unpleasant work environment
for an employee without creating sufficient financial
loss to make recovery by lawsuit a viable option if
punitive damages are not an option for the court. The
Association believes that unfair, discriminatory treatment
in the workplace should remain unlawful, and that the
law should maintain an effective process by which those
who commit such acts may be held accountable and future
acts may be effectively deterred.
CAPITOL
ACTION DAYS
MNEA Capitol Action Days allow planned, face-to-face
contact with legislators throughout the legislative
session. Capitol Action Days continued on Apr. 29 when
several members from Governance District 7 visited the
Capitol. The last Capitol Action Day will be next Wednesday,
May 6, when Governance District 11 and MNEA-R members
visit the Capitol. 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
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