EDUCATION BILL AGONIZING ONE FOR LEGISLATORS

JEFFERSON CITY - The final bell signaling the start of the last day of the Missouri House of Representatives had already sounded, but Dennis Ziegenhorn was still in his office. The beautiful view of the Missouri River from his fourth-floor office on a brilliant spring morning clouded by the agony of a decision he was struggling to make.

In his 13 years as a state representative, the Sikeston Democrat had cast thousands of votes affecting people in all parts of the state and on hundreds of subject matters. But never had he struggled with a vote more than this one.

On Friday morning, Ziegenhorn knew that before noon he would have to vote on a major education reform bill - a measure that called for a $310 million tax increase without a statewide vote, a minimum levy increase to local school districts of $2.75, and a variety of controversial reforms with unclear impacts.

Just eight days earlier he had voted for the bill as it was defeated on the House floor. When it came up for reconsideration on Monday, Ziegenhorn changed his mind because of concern about the impact of reforms in the bill.

But the bill was passed, was sent to a conference, and after passing the Senate Thursday needed only House action for final passage.

On Friday morning, Ziegenhorn was talking with superintendents and leaders of teacher groups back in his district, trying to decide which way to go. He had talked with fellow legislators intently, had been lobbied hard by Gov. Mel Carnahan and his staff to support the bill, but was still unsure what to do.

Further complicating his decision-making process was the understanding that the legislature was under a court order to fix the school foundation formula, and that failing to do so risked being subjected to further court rulings that could lead to mandates of even higher taxes. On the other hand, Ziegenhorn was convinced a majority of the people in his district wanted the opportunity to vote on the tax issue.

Politically, Ziegenhorn knew he had to push the red button signalling a no vote. But the information he had gathered told him he should push the green button.

Finally, Ziegenhorn went to the floor of the House, and after nearly an hour of debate on SB-380, the time came to vote. He pushed green.

"This is the toughest decision I have ever had to make," Ziegenhorn said. "I have never had a bill make me sick like this one."

Ultimately, the fear of further court action convinced him to vote for the bill. Sending a $310 million tax increase to a vote of the people, where it would likely fail, meant the courts eventually would force additional funding for schools at a much higher level, Ziegenhorn reasoned.

Federal court-ordered desegregation in St. Louis and Kansas City, which has cost the state more than $1 billion, and similar court actions in other states convinced Ziegenhorn it was time to act.

"If the people of my district had all the facts and the benefit of the information I have compiled this session, and then acted as a responsive legislator, they would have voted for this bill," said Ziegenhorn.

"The number one fact is: What will the courts do to us if we don't fix the formula? I think they would have considered it much differently."

On the other end of the Capitol a day earlier, Danny Staples also found himself struggling over the most difficult vote of his 17-year legislative career.

Staples too had been back and forth on the issue. Like Ziegenhorn, the senator took pride in his support for education, but encountered many of the same complicating factors that Ziegenhorn did.

He had already changed his mind once on the issue and was weighing the implications not only of avoiding a statewide vote but also of the fact that 24 of the 26 school districts in his senatorial district would have property tax levy increases as a result of the bill.

Not only that, but schools in four of his counties - Ripley, Carter, Oregon and Shannon, his home county - had not yet reached the $2 minimum levy enacted the previous session.

"This is a tough one for me," Staples said as he waited out a filibuster on the bill in a side gallery of the Senate Thursday afternoon. "I guess I could support the tax increase, but people in those four counties are going to get hit harder than most property tax-wise with the local levy."

In remarks on the Senate floor, the Democratic lawmaker explained his dilemma and frustration, as well as his concerns about what a judge could do if lawmakers did not respond.

Said Staples: "This vote may very well decide the outcome of my political future."

After the filibuster finally ended around 8 p.m. Thursday, names of the 34 senators were called for a vote. On the question of whether the conference committee report should be adopted, Staples was one of 20 senators to vote "aye."

When his name was called on final passage of the bill a few minutes later, Staples did not respond as he stood on the side of the chamber. After all names had been called, he moved to his seat on the floor, was recognized, and voted no. There were 19 affirmative votes on final passage - one more than needed.

"It may have been a little inconsistent, but I felt like I had to vote against it," Staples explained moments after the vote. "It's been a really hard decision for me - one of the toughest I have ever had to make."

Many other legislators also agonized over their vote on the education bill. The fact that the bill affected every citizen in the state made it especially difficult.

Rep. Larry Thomason, D-Kennett, said just about every legislator he talked with was agonizing to some degree over the decision.

"I've talked with people who have been here 20 years or longer, and they can't remember a bill with such personal agony," said Thomason.