CARNAHAN TACTICS CONCERN LAWMAKERS

Two Southeast Missouri state representatives, from opposite political parties, are expressing concern about tactics being used by Gov. Mel Carnahan and his staff to win support for an education bill in the legislature before Friday's adjournment.

"I am very upset at the present administration's tactics on trying to persuade me to stay green," said Rep. Dennis Ziegenhorn, D-Sikeston, referring to the House voting board that displays "yes" votes with green lights.

"It is in line with what the general public thinks of us anyway, but my vote is not for sale."

Last Wednesday, the House defeated the education bill by 13 votes and Ziegenhorn was one of the 69 "yes" votes. Some Democratic leaders, the governor and his staff spent the weekend trying to convince some members to change their minds today when a reconsideration vote is taken.

But Ziegenhorn hinted Thursday that he might reconsider the opposite direction, and that drew a personal visit to his office from Carnahan, followed by other aides. "I have had five separate contacts from the governor's office," said Ziegenhorn.

Rumors in the capitol are that the governor's staff has been offering everything from license bureaus to appointments and grants to woo the votes of legislators for the tax plan. Ziegenhorn declined to comment on whether he was offered anything, but complained that legislators were receiving too much pressure on an extremely difficult issue.

Rep. Mark Richardson, R-Poplar Bluff, pointed out: "The frustration Republicans are seeing is we perceive a complete and total arrogance on the part of the governor's office and (House Education Chairman) Annette Morgan (D-Kansas City). Despite the fact they are 13 votes short and rumors of even more defections, they are not willing to move on a single issue.

"That is really frustrating and heightens the level of pressure here. We have seen no willingness to discuss this or to consider a compromise."

Richardson said the governor's plan is an overreaction to the court order and calls for more taxes and reforms than the judge's ruling requires.

"It's like trying to kill a bumble bee with a sledge hammer," said Richardson.

The education measure would revise the school foundation formula, provide a variety of education reforms, raise the minimum local school district levy to $2.75, and increase taxes about $400 million without going to a vote of the people.

Carnahan has said the legislation is essential to comply with an order by Cole County Circuit Judge Byron Kinder in January, declaring the present formula is inequitable and inadequate. The governor and his staff have pressured senators and representatives for the last three weeks, even to the point of watching from the side gallery of the House as representatives cast their votes last week.

Ziegenhorn, serving his seventh term in the House, says he is torn on the issue because he is concerned about some of the reforms in the bill and knows 70 percent of the people in his district want the chance to vote on any tax increase.

On the other hand, Ziegenhorn is concerned that if lawmakers do not act, then the courts will and the cost to taxpayers could be $800 million to $1 billion rather than $400 million.

"Can we come back and override the courts, if that happens? The answer is no," said Ziegenhorn.

"It's the hardest vote I've had in 13 years because I know I'm going against the will of the people in my district. But the tax increase the legislature passes may be minimum compared to the tax increase the courts are going to impose on this state."

In talking with members of the governor's staff, Ziegenhorn said, "I asked if they were willing to give up my seat for them to have a vote on education. There was no answer."

Later, Ziegenhorn said the staff members offered to have the governor come to the district and help explain his vote. He declined the offer. "If I vote green, I don't need anyone telling why I did it. I will explain my vote myself."

Republicans in the House have a proposal that requires less taxes than the governor's plan, which they contend will fix the formula and comply with the judge's order. Under the GOP plan, new money would be phased in from a mix of existing funds, riverboat gambling revenue, new growth, and a broad based tax increase of $100 million divided between a corporate tax increase and capping the federal income tax deduction on personal income taxes. The plan infuses about $250 million in new money over four years.

The GOP plan also calls for phasing in the minimum local levy, rather than raising it to $2.75 immediately.

Reforms are a controversial part of the governor's bill and are one of the reasons Rep. Marilyn Williams, D-Dudley, vice chairman of the House Education Committee, voted "no" last Wednesday.

Ziegenhorn and others complain that no one really understands the reforms and the negative impact they could have on school districts, especially mandated increases in minimum teacher salaries.

Richardson contends that citizens will be angered to find out that 75 percent of the tax increase some want to approve without a vote of the people would be used for teacher salaries.

"A lot of people are concerned this bill is nothing more than a massive pay raise for teachers," said Richardson. "For others, like myself, a major concern is voting a 40 percent tax increase on every single property owner in my district and southern Missouri by raising the levy to $2.75. Last year we raised it to $2."

Rep. Mary Kasten, R-Cape Girardeau, also believes many reforms need to be removed from the bill. "It is required of us to fix the formula, not particularly to have the reforms or the funding totally in place," she said. "The formula did not get out of whack overnight and it will take a while to put it back."

Reforms Kasten would like to see removed are Outcome Based Education, free community college tuition, establishing a super board of education that that could overrule local school boards, and developing a college loan program.

On the other hand, Kasten said accountability measures such as reducing the dropout rates, guaranteed diplomas, and school report cards should be part of the package to insure voters that their tax dollars are making a difference in education.

Rep. David Schwab, R-Jackson, shares the concern about reforms. He believes support for the governor's bill could deteriorate as representatives talk with constituents over the weekend. "It will be interesting to see what happens when the people go home and hear the talk about this bill," said Schwab.

The Senate approved a tax plan for education, to be implemented without a vote of the people, by an 18-16 margin early Friday morning. Sen. Peter Kinder, R-Cape Girardeau, said he continued his fight for a statewide vote on the tax component.

"While I continue to believe that more money is needed for education, I remain convinced that the people who will pay for this massive tax increase must have the final say on passage. I fought for the amendment for a statewide vote and continue to believe that the people must be consulted when we ask them to pick up a heavier tax load on both the local and state level," said Kinder.

"Although the debate on the tax proposal was long and difficult, the discussion kept returning to one main concern. The opponents of the amendment argued that a vote of the people was a crutch for those concerned about their re-election. I disagree. There was one question that had to be answered. Do you trust the people? I fail to understand why a majority of senators chose not to trust the people of Missouri."

Kinder said he might support a smaller tax increase of about $125 million without a statewide vote. He is also confused about why it will take so much to fix the formula. "One year ago, Bob Bartman (director of elementary and secondary education) said it would take $90-120 million to fund the hold harmless. Today, it is $400 million," said Kinder. "Why the difference?"

Ziegenhorn complains there is too much lobbying on the floor to get representatives to change their votes. "I say open the board, let the representatives vote, and leave it. The debate goes on before the board is open, not while it is open," said Ziegenhorn. "I disprove of lobbying on the floor. Everybody represents their own district on this."

Last week, Ziegenhorn voted for a Republican amendment to take the reforms out of the bill, and then left the floor to go to the lounge in back of the chamber. Rep. Morgan sought him out to try and convince him to change his vote; Ziegenhorn declined.

Richardson argues that the governor and his staff need to be working toward compromise, rather than using strong-arm intimidation and promises to get their bill passed.

"They are making threats and promises rather than trying to get at what the real problem is," said Richardson. "Even Republicans will support a tax plan, if it is reasonable."

But on Friday, Richardson admitted that he expected the governor's forces and Democratic leaders to muster enough votes Monday to pass the bill and send it back to the Senate.

"I think the powers that are vested out there will be able through threats, promises and intimidation to put it through," said Richardson.