Missouri Conference

American Association of University Professors

Spring, 2002 Legislative Update

� Rep. Hosmer introduces Faculty Board Member Legislation

� Legislative/Political Analysis for MO AAUP from Vision Communications

� House of Representatives, Higher Education Committee (and assigned bills)

� Senate, Education Committee (and assigned bills)

HB 1986 -- Faculty Representatives on Governing Boards of Certain Public Higher Education Institutions (link to bill text and actions)�

Co-Sponsors:� Hosmer, Farnen, Williams, Britt, Riback Wilson (25), Haywood, Harlan, Champion

This bill authorizes a faculty representative as a nonvoting member of the governing boards of the University of Missouri, the regional state colleges and universities, Truman State University, and Lincoln University.� The faculty representative to each institution's governing board is appointed by the Governor, with the advice and consent of the Senate.� The faculty representative who is to serve a single term of two years must be a U.S. citizen; a Missouri resident; and a full-time, tenured member of the faculty.� The faculty representative is authorized to receive the same reimbursement for expenses as other board members, must attend all meetings of the board, and has all of the powers of the other board members, except the right to vote.� Technical changes to accommodate the addition of a nonvoting faculty member representative are made to several sections of law.� The bill permits the institutions to close meetings to the� faculty representative and requires all board members at these� institutions to observe confidentiality.� The provisions concerning the student representative at each institution are revised to require the selection of a replacement to occur within 90 days of a vacancy.

To:�� American Association of University Professors�Missouri Conference

From:� Greg Young and Brian Treece, Vision Communications

Date:� February 4, 2002

Re:�� Missouri General Assembly

The Missouri General Assembly convened January 9, 2002, with several unique factors converging to create a political dynamic that has not been seen before in Missouri.�

POLITICAL ANALYSIS

Term Limits: For the first time in Missouri�s history, more than 70 members of the 163-member Missouri House of Representatives will be unable to run for re-election.� Nearly one-half of Missouri�s 34-member Senate will be unable to run for re-election.� Some legislators will no doubt be zeroing in on opportunities that may exist for themselves in the private sector.� Others will seek opportunities to be appointed by the Governor.� Many will position themselves to run for local, county or judicial offices.� A term-limited legislator�s past behavior will not be predictable, to say the least.

Election Year: Other members of the General Assembly will be focused on trying to extend their political career, and maneuvering themselves for a run at a higher office.� This is an election year for all House members and half of the Senate, which provides its own set of pressures.� However, untraditionally, this year�s fall elections will be held in many cases without an incumbent candidate because of term limits.�

Legislative Redistricting: The November 2002 elections will be held for new legislative district lines approved during Missouri�s redistricting process.� Redistricting�the political version of musical chairs�adds another unknown element into the election cycle.� Redistricting will pit many incumbent legislators against each other in primary and general elections for the House and Senate and cause the breakdown of traditional alliances and regional coalitions.� Political parties are already focusing on candidate recruitment and intense fundraising.�

Budget Cuts:� Unfortunately, a unique element to this year that has not been a factor for nearly a decade is a poor performing economy.� In the simplest terms, the state has no new money to appropriate during this budget cycle.� Any increase in revenue realized by the state will be dedicated to current obligations.� With scarce resources, it will be difficult for stakeholders to preserve present funding levels, much less gain an increase.� Certainly, legislators will attempt to increase funding for particular projects, but this will not be achieved without concomitant budget cuts in other areas.�

�� Governor Bob Holden has submitted a balanced budget to the General Assembly, but assumes several elements that are uncertain to occur.�� The Governor presupposes that the General Assembly will lift the loss limits on casino boats while raising the fee per passenger paid by the boats by a significant percentage.� Additionally, the Governor�s budget assumes $135 million dollars will come from the state�s budget reserve fund, which can only be accessed in an emergency.� Governor Holden believes the budget reserve fund should be used because the state is facing a �moral emergency.�� Tapping the reserve fund will require a two-thirds majority of each house to approve.��

�� Public institutions of higher education would receive a 10% cut in their appropriations this year, according to the Governor�s budget proposal.� (See story and charts in February, 2002 Issue of Missouri Academe)

The following is an overview of legislation impacting on higher education:

HOUSE BILLS

HB 1131 -- Service Learning in Higher Education

Sponsors:� Rep. Craig Hosmer (D-Springfield) & Rep. Deleta Williams (D-Warrensburg)

This bill requires the Coordinating Board for Higher Education to promote and catalogue service learning opportunities available in state institutions of higher education.� Service learning is defined in the bill and includes tutoring, literacy training, neighborhood or environmental improvements, and assisting the elderly or disabled.�

To promote service learning, the Coordinating Board is required to:

Include information about service learning in training attended by faculty, administrators, and staff;

Share information about active programs with state institutions of higher education;

Develop written information about the options in implementing programs; and

Encourage state institutions to establish, continue, or expand programs.�

The bill requires the Coordinating Board to catalogue service learning by:

Include information in the institutional information collected by the board;

Provide summary information to community and nonprofit agencies and schools, upon request; and

Provide an annual report to the Governor and the General Assembly by September 30 of each year, beginning in 2002, about service learning programs at state institutions of higher education.

HB 1406 -- Northwest Missouri State University Board of Regents

Sponsor:� Rep. Rex Barnett (R-Maryville)

This bill expands the Board of Regents for Northwest Missouri State University from seven to nine members.� Under current law, six members must live in the state college district in which the university is located, and one member must be a resident of Nodaway County.� Two additional members from any of the seven state college districts will be added, but no more than one can live in the same congressional district.

HB 1424 -- Tuition Increases at Public Institutions of Higher Education

Sponsors:� Rep. Phil Smith (D-Louisiana) & Rep. Jim Kreider (D-Nixa)

This bill limits tuition increases, including fees and surcharges, for public institutions of higher education to the percentage reflected for the previous year in the Consumer Price Index.� The bill also prohibits any tuition increases after the school year begins.� Violations are subject to a 25% reduction in the next fiscal year's appropriation for the institution.

HB 1071 -- Professional Licenses of Student Loan Defaulters

Sponsor:� Rep. Craig Hosmer (D-Springfield)

This bill provides for the revocation, suspension, nonrenewal, or nonissuance of professional licenses of those in default on the repayment of any student loan guaranteed or administered by the Department of Higher Education under certain circumstances.

Under the bill, the Department of Higher Education is required to:

Provide the names of defaulters who have not made satisfactory repayment arrangements to the Director of the Division of Professional Registration, the State Board of Education, the Clerk of the Supreme Court, and the Director of the Department of Insurance; and

Establish a procedure for determining when a person has made satisfactory arrangements to ensure repayment of a defaulted loan and to send notice within 60 days to licensing agencies when the arrangements have been made.

The department is authorized to garnish any state payment to defaulters, including income tax refunds and lottery winnings. The bill provides appeal procedures for persons aggrieved by decisions made by the department.

The following actions are authorized when defaulters have not made satisfactory arrangements to ensure repayment:

Licenses to teach will not be issued or renewed and will be suspended or revoked by the State Board of Education;

Licenses for insurance agents and brokers will not be issued or renewed by the Department of Insurance; and licenses for those regulated by boards and commissions within the Division of Professional Registration will not be issued or renewed; and

Applicants will not be allowed to take the bar exam and will not be admitted to the Missouri Bar; attorneys will not be allowed to renew their licenses.� The bill also specifies that attorneys who in bad faith avoid the repayment of any student loan have engaged in professional misconduct and may be removed or suspended from practice.� If a student loan is discharged by a bankruptcy proceeding, an attorney's behavior may be reviewed to determine if it constitutes bad faith.

The bill prohibits adverse licensing actions when the most recent notice from the Department of Higher Education indicates that satisfactory arrangements to ensure repayment have been made. The Division of Professional Registration must indicate in its registry of licensees the student loan repayment status of each licensee.

HB 1527 -- Student Curator for University of Missouri

Sponsor:� Rep. Chuck Graham (D-Columbia)

This bill requires that one of the nine members of the University of Missouri board of curators with voting powers be a student. The student curator will serve a two-year term or as long as the student maintains full-time status.� The current law that permits a nonvoting student representative to the board of curators is not affected by the bill.

HB 1477 -- Health and Educational Facilities Authority

Sponsor:� Rep. Ted Farnen (D-Mexico)

This bill clarifies that public community colleges may participate in the bond program of MOHEFA, the Missouri Health and Educational Facilities Authority, and may also use the administrative services of the authority, such as direct deposit.

SENATE BILLS

SB 755 � Tax Exemption for Donations to Education Institutions

Sponsor:� Sen. Morris Westfall (R-Halfway)

This bill provides a sales tax exemption for retailers who donate inventory to private or public elementary or secondary schools and approved private or public institutions of higher learning.

SB 979 � Missouri Southern State College

Sponsor:� Sen. Marvin Singleton (R-Joplin)

This bill changes the name of Missouri Southern State College to Missouri Southern University-Joplin effective July 1, 2003. The act also changes how regents are appointed. Currently regents may be appointed from the district where the college is located. The act would allow for the appointment of regents from a 100-mile radius of the college district.

SB 767 � University of Missouri � Rolla

Sponsor:�� Sen. Sarah Steelman (R-Rolla)

This bill would allow the University of Missouri- Rolla campus to sponsor charter schools in St. Louis City and Kansas City Missouri School District.

SB 813 � Community College Districts

Sponsor:�� Sen. Jim Mathewson (D-Sedalia)

This bill modifies appropriation procedures for community college districts. In addition to funds for operating purposes, each community college district would be eligible to receive an annual appropriation, exclusive of any capital appropriations, for the cost of maintenance and repair of facilities and grounds, as well as the purchase of equipment and furniture. The act also allows capital appropriations to be excluded from the rule that states that these annual appropriations shall not exceed ten percent of the state appropriations to community college districts for operating purposes during the most recently completed fiscal year.

SB 880 � University of Missouri � Rolla

Sponsor:� Sen. Sarah Steelman (R-Rolla)

This bill creates science education programs at the University of Missouri-Rolla (UMR). A new Section 172.880 establishes the Missouri Engineering and Science Academy for high school students with a high ability and interest in math and science. The Academy curriculum will by developed by UMR faculty and the program will be managed and funded through UMR.

A new Section 172.883 establishes a science summer program at UMR for in-service science teachers to enhance their understanding of the impact of natural resource development and land use changes in Missouri. The act specifies program goals. The program will be taught, managed and funded by UMR. Participation in the program can be included in a teacher's Career Ladder development plan, if approved by the school board.

SB 903 � Northwest Missouri State University�s Board of Regents

Sponsor:� Sen. David Klindt (R-Bethany)

This bill increases the membership of the Northwest Missouri State University's Board of Regents from seven to nine. The act leaves intact the current six-member board appointed from within the district where the University is situated, while allowing the Governor to appoint two additional members from anywhere in the state, so long as they are not from the same congressional district.

SB 947 -- Health and Educational Facilities Authority

Sponsor:� Sen. David Klindt (R-Bethany)

This bill extends to public community junior colleges the same access as school districts regarding participation in direct deposit agreements with the Health & Educational Facilities Authority.

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