Missouri AAUP

1999 Legislative Report
Prepared by
Vision Communications Group
June 1, 1999

“Universities were not meant to have faculty representatives.
It’s like having inmates serve on the Board of Probation.”

—State Sen. John Russell,
on why faculty members
should not be included on
University governing boards.
May 12, 1999

Representative Votes, By Representative and Issue, AAUP Ratings
Senate Votes, By Senator and Issue, AAUP Ratings

NARRATIVE REPORT

The Missouri General Assembly adjourned on Friday, May 14.  The American Association of University Professors made important strides this session on several legislative issues.

FACULTY CURATORS AND REPRESENTATIVES
This year, Rep. Ted Farnen (D-Mexico) and Sen. Ken Jacob (D-Columbia) sponsored legislation to appoint faculty representatives to the governing boards of Missouri’s universities and colleges.  HB 321 and SB 265 also allowed both the faculty and student representatives to attend closed or executive session.  The faculty and student representative could be excluded from a closed meeting by a unanimous vote of the board.  Neither the student nor the faculty curator would be allowed to vote, however, they would be present to express opinions and provide valuable insight into the workings of Missouri’s institutions of higher education.

Senate Bill 265 was not voted on in committee.  However, House Bill 321 was passed by the House by a vote of 97-56 and was sent to the Senate.  The Senate Education Committee passed HB 321 by a vote of 7-4.  Voting for the bill were Senators House, Caskey, Clay, Jacob, Stoll, Bentley, and Steelman.  Voting against faculty representatives were Senators Johnson, Kenney, Westfall, and Yeckel.  Senators Maxwell and Sims were absent.  HB 321 was not brought to a vote on the Senate floor.  During the last few weeks of session, more than 40 hours of debate was taken for the filibuster of an abortion bill.  As a result, many bills were shelved due to lack of time.  HB 321 was one of them.

During the last week of session, the Senate debated HB 889, originally a remedial reading bill.  AAUP lobbyists were successful in securing an amendment to HB 889 to authorize the appointment of faculty representatives and to allow both faculty and student representatives to attend closed meetings.  The amendment, offered by Sen. Jacob, contained AAUP’s language from HB 321.  “You get better public policy when the groups affected by the policy can be a part of the decision-making process,” Jacob said.
Sen. Bill Kenney (R-Lee’s Summit) expressed concern that the amendment would be a first step toward faculty representatives voting on the governing boards of universities.  Sen. Jacob explained that Missouri’s universities and colleges have one curator or board member for each congressional district.  To allow a student or faculty representative to vote would require a change in the state’s constitution.

Sen. John Russell (R-Lebanon) offered a substitute amendment to Sen. Jacob’s proposal that removed the faculty council language.  Russell’s reasoning for removing the faculty representative: “Universities were not meant to have faculty representatives.  It’s like having inmates serve on the board of probation and parole.”  Sen. Russell’s amendment passed 19-13.  However, Sen. Russell failed to remove language in Sen. Jacob’s amendment authorizing student representatives to attend closed meetings.  If HB 889 is signed by Governor Carnahan, student curators and representatives will be allowed into closed or executive sessions.

AAUP lobbyists believe this oversight by Sen. Russell will lay the groundwork for faculty representatives.  Legislators opposed to the creation of faculty representatives cite concern of chaos or a “faculty takeover” if AAUP language is approved.  However, the admission of student curators into closed sessions may show  legislators their fears are without merit.

HB 889 was truly agreed to and finally passed on May 14.  The bill awaits the Governor’s signature.

COLLECTIVE BARGAINING
University professors were included in legislation authorizing collective bargaining for public employees.  House Bill 166, sponsored by House Speaker Steve Gaw, Reps. Steve McLuckie (D-Kansas City) and Brian May (D-St. Louis) and Senate Bill 156, sponsored by Sens. John Schneider (D-Florissant) and Wayne Goode (D-Normandy), were introduced early in the legislative session.

The collective bargaining issues was endorsed by Gov. Carnahan in his January 13 State of the State Address.  Both bills received early hearings in the House and Senate Labor committees, respectively.  The collective bargaining issue faced substantial opposition from administrators in the Missouri State Teachers Association (MSTA), the Missouri Municipal League, and state business organizations.  Still, the AAUP collective bargaining bill was one of the first five bills reported to the House Floor for debate by the full House.
During floor debate, Reps. Gary Wiggins (D-New Cambria) offered an amendment to HB 166 that would have limited the right to bargain collectively to employees in first class counties only.  Rep. Mark Abel (D-Festus) argued against the amendments, stating that university professors at the University of Missouri and Washington University would be able to bargain collectively, but professors at rural community colleges would not.  The amendment failed by a vote of 17-144.

Ultimately, collective bargaining was defeated in the House by a vote of 73-88.  Eighty-two votes is the minimum number of votes required for passage.  One Republican – Rep. David Levin (R-St. Louis County) – voted for collective bargaining.  Eight Democrats voted against the bill.  The Missouri Senate did not vote on the issue during the 1999 General Assembly.  Several attempts to revive collective bargaining by exempting third- and fourth- class counties, and exempting teachers were unsuccessful in achieving the necessary 82 votes.

Throughout the collective bargaining debate, the American Association of University Professors were well represented at critical meetings with key decision-makers including House Speaker Steve Gaw and principal bill handlers.  AAUP lobbyists also helped orchestrate debate by drafting blocking amendments and soliciting floor sponsors and handlers.

Senator John Schneider sponsored the Senate version of the public employee collective bargaining bill, SB 156.  This bill was nearly identical to HB 166.  However, the Senate Labor Committee failed to vote on SB 156 before HB 166 was voted down by the House.  After the defeat, many pro-worker legislators were discouraged from attempting to pass a collective bargaining bill in the Senate, given the unwillingness of the House to pass such legislation.  No vote was taken on SB 156 in the Senate Labor Committee.

PENSIONS FOR EDUCATORS
Several changes and revisions were made to the Missouri State Employees Retirement System (MOSERS).  As in past years, the issue of increased pensions for state lawmakers elevated the attention and controversy of pension legislation.  In addition, tax advantages for public – and private – pensioners were increased.

House Bill 516: Under current law, the income tax exemption for public and private source pension income received is limited by maximum adjusted gross income levels for the taxpayer.  Under current levels, the exemption is limited to adjusted gross incomes of $25,000 for single taxpayers and $32,000 for taxpayers filing jointly.  The maximum amount of exemption allowed is $6,000 for public source and $3,000 for private source.  House Bill 516, sponsored by Rep. Steve Gaw (D-Moberly) and passed by Sen. Ken Jacob (D-Columbia), extends the maximum adjusted gross income levels by phasing out the pension exemption amount by $1 for each $1 of income over the maximum levels.
Senate Bill 308, 314: Under Senate Bills 308 & 314, a new “Year 2000 MOSERS Plan” is phased in and applies to all new employees after July 1, 2000,and to current employees and retirees who opt into the plan.

The following major changes are made to the current state employee retirement plan:
- UNREDUCED JOINT AND 50% SURVIVOR OPTION – Several categories of survivors, former deferred vested members, and members who retired and then became re-employed, who were not made eligible for the unreduced joint and 50% survivor option in 1997, are now eligible for that benefit.  In some instances a lump-sum payment is also provided.

- PURCHASE OF SERVICE – All members may purchase up to 4 years of nonfederal public service.

- OTHER PROVISIONS – Certain retirees may elect a survivor option if they were married for at least a year before they make the election and make such election within 6 months of circumstances detailed in the act.

The Year 2000 plan will apply to new employees who begin work on or after July 1, 2000.  Any member of MOSERS employed by the State prior to July 1, 2000 will stay in the current plan unless the member chooses to opt into the new Year 2000 Plan.  Such current employees and retirees will receive a comparison of benefits from MOSERS to help assist them in deciding whether to opt into the new plan.

The major provisions of this new plan are:
- Eligibility when age plus years of service equals 80, or age 62 with five years of service, as opposed to age 65 with five years of service under the current plan.
- A multiplier of 1.7% of final average pay times years of service, as opposed to the current 1.6%.
- A temporary annuity multiplier of 0.8% for persons retiring under “80 and out” that raises benefits until early Social Security benefits are available (age 62).
- Eligibility for early retirement at age 57 with five years of service, as opposed to the current age 55 with ten years of service.
- Four survivor benefit options that reduce the annuity during the retiree’s lifetime: 50% benefits to the surviving spouse; 100% benefits to the surviving spouse; 120 monthly payments to a beneficiary; 180 monthly payments to a beneficiary.
- Cost-of-living increases of 80% of the increase in the consumer price index, a maximum of 5% (no minimum percentage, which is the same as for the current plan for members hired after August 28, 1997).


Representative Votes on AAUP Issues/AAUP Rating

Legislator, Party: D/R, Faculty Representative, Collective Bargaining, Pensions, AAUP Rating
AAUP vote:  YES YES YES
 
Abel, Mark D Yes Yes Yes 100%
Akin, Todd R No No No 0%
Alter, Bill R No No No 0%
Auer, Ron D Yes Yes Yes 100%
Backer, Gracia D Yes Yes Yes 100%
Ballard, Charles R No No Yes 33%
Barnett, Rex R Yes No No 33%
Barry, Joan D Yes Yes Present 66%
Bartelsmeyer, Linda R No No Present 0%
Bartle, Matt R No No No 0%
Bennett, Jon R Yes No Yes 66%
Berkowitz, Sam D Yes No Yes 66%
Berkstresser, Judy R No No No 0%
Black, Lanie R No No No 0%
Blunt, Matt R No No No 0%
Boatright, Matt R No No No 0%
Bonner, Dennis D Yes Yes No 66%
Boucher, Bill D Absent Yes Yes 66%
Boykins, Amber D Yes Yes Yes 100%
Bray, Joan D Yes Yes Yes 100%
Britt, Phillip D Yes No Yes 66%
Burton, Gary R No No Yes 33%
Campbell, Marsha D Yes No Yes 66%
Carter, Paula D Yes Yes Yes 100%
Champion, Norma R Yes No No 33%
Chrismer, Rich R No No No 0%
Cierpiot, Connie R No No No 0%
Clayton, Robert D Yes Yes Yes 100%
Cooper, Bonnie Sue  R Yes Absent N/A 33%
Crawford, Larry R No No No 0%
Crump, Wayne D Yes Yes Yes 100%
Daniel, Lloyd D Yes Yes Yes 100%
Daniels, Fletcher  D Absent Yes Deceased 33%
Davis, DJ D Yes No Present 33%
Davis, Dorathea D Yes Yes Yes 100%
Days, Rita D Yes Yes Yes 100%
Dolan, Jonathon R Yes No No 33%
Dougherty, Patrick D Yes Yes Yes 100%
Elliot, T. Mark R No No No 0%
Enz, Catherine R Yes No No 33%
Evans, Brent R No No No 0%
Farnen, Ted D Yes Yes Present 66%
Fitzwater, Rodger D Yes Yes Yes 100%
Foley, James Michael D Yes Yes Yes 100%
Ford, Louis D Yes Yes Yes 100%
Foster, Bill R Yes No No 33%
Franklin, Richard D Yes Yes Yes 100%
Fraser, Barbara D Yes Yes Yes 100%
Froelker, James R Absent No No 0%
Gambaro, Derio D Yes Yes Yes 100%
Gaskill, Sam R No No No 0%
Gaw, Steve D Yes Yes Yes 100%
George, Thomas D Yes Yes Yes 100%
Gibbons, Michael R No No No 0%
Graham, Chuck D Yes Yes Yes 100%
Graham, James R No No No 0%
Gratz, William D Yes No Yes 66%
Green, Timothy D Yes Yes Yes 100%
Griesheimer, John R No No No 0%
Gross, Charles R No No No 0%
Gunn, Russell D Yes Yes Yes 100%
Hagan-Harrell, Mary D Yes Yes Yes 100%
Hampton, Mark D Yes No No 33%
Hanaway, Catherine R Yes No No 33%
Harlan, Tim D Yes Yes Yes 100%
Hartzler, Ed R Yes No Yes 66%
Hartzler, Vicky R Yes No No 33%
Hegeman, Daniel R No No No 0%
Hendrickson, Carl R No No No 0%
Hickey, John D Yes Yes Yes 100%
Hilgemann, Robert D Yes Yes Yes 100%
Hohulin, Martin R No No Yes 33%
Holand, Roy R Yes No No 33%
Hollingsworth, Katherine D Yes Yes Yes 100%
Hoppe, Thomas D Absent Yes No 33%
Hosmer, Craig D Yes Yes No 66%
Howerton, Jim R No No No 0%
Kasten, Mary R Absent No No 0%
Kelley, Pat R No No No 0%
Kelly, Glenda D Yes Yes Yes 100%
Kennedy, Harry D Yes Yes Yes 100%
King, Jerry R No No No 0%
Kissell, Don D Yes Yes Yes 100%
Klindt, David R Yes No No 33%
Koller, Don D Yes No Yes 66%
Kreider, Jim D Yes Yes Yes 100%
Lakin, Scott D Yes Yes Yes 100%
Lawson, Maurice D Absent Yes Yes 66%
Leake, Sam D Yes Yes Yes 100%
Legan, Kenneth R No No Yes 33%
Levin, David R No Yes No 33%
Liese, Chris D Yes Yes Yes 100%
Linton, William R No No No 0%
Lograsso, Don R Absent No Yes 33%
Long, Beth R No No Yes 33%
Loudon, John R No No No 0%
Luetkemeyer, Blaine R No No Yes 33%
Luetkenhaus, Bill D Yes Yes Yes 100%
Marble, Gary R No No No 0%
May, Brian D Yes Yes Yes 100%
Mays, Carol Jean D Yes Yes Yes 100%
McBride, Jerry D Yes No No 33%
McClelland, Emmy R Yes No No 33%
McKenna, Ryan D Yes Yes Yes 100%
McLuckie, Steve D Yes Yes Yes 100%
Merideth, Denny I Yes No No 33%
Miller, Ronnie R No No No 0%
Monaco, Ralph D Yes Yes Yes 100%
Murphy, Jim R No No Yes 33%
Murray, Dana D Yes Yes Yes 100%
Myers, Peter R No No No 0%
Naeger, Patrick R No No No 0%
Nordwald, Charles R Yes No No 33%
O'Connor, Patrick D Yes Yes Yes 100%
O'Toole, James D Yes Yes Yes 100%
Ostmann, Cindy R No No Yes 33%
Overschmidt, Francis D Yes Yes No 66%
Parker, Kelly D Yes No Yes 66%
Patek, Jewell R No No No 0%
Pouche, Fred R No No No 0%
Pryor, Chuck R No No No 0%
Purgason, Chuck R No No No 0%
Ransdall, Bill D Yes No Yes 66%
Reid, Michael R No No No 0%
Reinhart, Annie R No No No 0%
Relford, Randall D Yes Yes Yes 100%
Reynolds, David D Absent Yes Yes 66%
Richardson, Mark R No No No 0%
Ridgeway, Luann R No No Absent 0%
Riley, Terry D N/A N/A Yes 33%
Rizzo, Henry D Yes Yes Yes 100%
Robirds, Estel R No No Yes 33%
Ross, Carson R Yes No Yes 66%
Sallee, Mary Lou R No No No 0%
Scheve, May D Yes Yes Yes 100%
Schilling, Mike D Yes Yes Yes 100%
Schwab, David R No No No 0%
Scott, Delbert R No No No 0%
Secrest, Patricia R Yes No No 33%
Seigfried, James D Yes No No 33%
Selby, Harold D Yes Yes Yes 100%
Shelton, O.L. D Yes Yes Yes 100%
Shields, Charles R Yes No No 33%
Skaggs, Bill D Yes Yes Yes 100%
Smith, Philip D No No Yes 33%
Stokan, Lana D Yes Yes No 66%
Summers, Don R Yes No No 33%
Surface, Chuck R No No No 0%
Thompson, Betty D Yes Yes Absent 66%
Thompson, Vernon D Yes Yes Yes 100%
Townley, Merrill R No No Yes 33%
Treadway, Joseph D No Yes Yes 66%
Troupe, Quincy D Absent Yes Absent 33%
Tudor, Bill R Yes No Yes 66%
Van Zandt, Tim D Yes Yes Yes 100%
Vogel, Carl R No No No 0%
Wagner, Wes D Yes Yes Yes 100%
Ward, Dan D Yes Yes Yes 100%
Wiggins, Gary D Yes Yes Yes 100%
Williams, Deleta D Yes Yes Yes 100%
Williams, Marilyn D Yes No Yes 66%
Wilson, Vicky Riback D Yes Yes Yes 100%
Wright, Mark R No No No 0%


Senate Votes on AAUP Issues/AAUP Rating

Senator,  Party: D/R, Faculty Representative, Collective Bargaining,  Pensions, AAUP Rating
AAUP vote:  NO YES YES
 
Banks, Jet D Yes Yes Yes 66%
Bentley, Roseann R No No Yes 66%
Bland, Mary D No N/A Yes 100%
Caskey, Harold D Yes Yes Yes 66%
Childers, Doyle R Yes No Yes 33%
Clay, William  D No Yes Yes 66%
DePasco, Ronnie D Absent Yes Yes 66%
Ehlmann, Steve R Yes No No 0%
Flotron, Francis R Yes No Yes 33%
Goode, Wayne D No Yes Yes 100%
Graves, Sam R Yes No No 0%
House, Ted D No Yes Yes 100%
Howard, JT D No Yes Yes 100%
Jacob, Ken D No Yes Yes 100%
Johnson, Sidney D Absent No Yes 33%
Kenney, Bill R Yes No No 0%
Kinder, Peter R Yes No No 0%
Klarich, David R No No No 33%
Mathewson, Jim D Yes Yes Yes 66%
Maxwell, Joe D No Yes No 66%
Mueller, Walt R Yes No Absent 0%
Quick, Edward D No Yes Yes 100%
Rohrbach, Larry R Yes No No 0%
Russell, John R Yes No No 0%
Schneider, John D Yes Yes Yes 66%
Scott, John D No Yes Yes 100%
Sims, Betty R Yes No Yes 33%
Singleton, Marvin R Yes No No 0%
Staples, Danny D Yes No Yes 33%
Steelman, Sarah R Yes N/A No 0%
Stoll, Steve D No N/A Yes 100%
Westfall, Morris R Yes No Yes 33%
Wiggins, Harry D No Yes Yes 100%
Yeckel, Anita R Yes No Yes 33%

Note: Senate Amendment 5 to House Bill 889, offered by Sen. Jacob, contained AAUP’s faculty     representative language.  The Substitute Amendment, sponsored by Sen. Russell, gutted the amendment.  The roll call is for the Substitute Amendment, which AAUP opposed.

Note: Because no vote was taken on collective bargaining in the Senate, we are using 1998’s role call on SB 471.  Senators Bland, Steelman, and Stoll were not members of the Senate at the time.
However, all three have been endorsed by major labor organizations in the past.
 


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