April 18, 2011. Legislature run-a-muck in quest for ultimate power grab!
Day 43 of the 2011 Legislative Session
(April 15, 2011)
We are dealing with a Legislature that has run-a-muck in their quest for the ultimate power grab. The floodgates have been opened and committee agenda’s are jam-packed with bills as the 2011 Legislative Session goes into its final three weeks. Next week the Senate will not be meeting due to religious holidays. The House, on the other hand, will be meeting on Wednesday and Thursday. Many of the bills that were heard this week still have a long way to go before they will be heard by the full House and Senate – keep that in mind and cross your fingers as you go through this long list of bills. This is only SOME of this week’s bills.
Thrasher and Gardiner reveal REAL intent of SB 830
Finally, former Republican Party Chairman, Sen. John Thrasher (R-Jacksonville) and Majority Whip Sen. Andy Gardiner (R- Orlando) revealed the true intent behind SB 830: stop working Floridians from having a voice in the political and legislative process.
The Senate Rules Committee meeting Friday (4/15) provided a startling glimpse of what is to come if SB 830 sponsored by Sen. John Thrasher (R-Jacksonville), the “worker gag bill” is approved this session. A secret, late-filed amendment was offered just minutes before a vote on the bill. This is the final committee stop before the bill goes to the full Senate. The House has already passed the original version of the bill—HB 1021.
The amendment was designed to confuse, confound and hide the fact that this legislation is nothing but an attempt to shut working Floridians out of the legislative and political process. To add insult to injury, Senator Don Gaetz made a motion to shut down discussion on the measure, blocking the ability for workers who traveled from around the state to be heard on the issue.
Proponents of this legislation claim that union members have “no right to speak up against how their union dues are being used.” They also claim that the new version of the bill will eliminate the use of taxpayers’ dollars in the collection of funds used for political purposes.
The bill actually takes away a union member’s voice in our political process.
While the amendment permits limited payroll deduction of union dues to continue, it creates governmental intrusion into a union’s business and prevents unions from “directly or indirectly” engaging in political activities, even if dues are collected without using payroll deduction.
While Senator John Thrasher states that he only wants the state to stop collecting political dues for unions, in fact, his amendment seeks to stop political action by unions.
What you need to know about SB 830:
· The bill uses broad, ambiguous and overreaching language to prohibit a labor union from engaging in political speech.
· Would Increase government’s role in policing and enforcing laws targeting the working families of the state.
· Is a big government take-over on the policies and practices of private organization; this is overreach pure and simple!
· When labor organizations engage in politics they should be permitted do so under the exact same laws and rules governing everyone else.
· This bill will put restrictions on labor unions that the other 300 plus organizations that utilize payroll deduction offered by the state will still be exempted from. This is a continued blatant attack on the rights and voice of working families in the state of Florida.
· While Senator John Thrasher states that he only wants the state to stop collecting political dues for unions, in fact, his amendment seeks to stop political action by unions.
· This bill as amended will add even more reporting, more forms and paperwork, more accounting, dramatically more cost and burdens for teachers, law enforcement and firefighters to participate in the very same activities everyone else will engage in without those additional burdens.
· This is a continued blatant attack on the rights and voice of working families in the state of Florida.
· Under the current system of dues collection through payroll deduction, taxpayers DO NOT PAY for the collection of funds used for political purposes.
· Payroll dues deduction is simply an employee’s private transaction using their own paycheck how they wish, just like the deduction of one’s health insurance premium or charitable contribution.
You can see the Amendment here: http://www.flsenate.gov/Session/Bill/2011/0830/Amendment/720666/PDF
Voting YES for the amendment were: Thrasher, Alexander, Flores, Gaetz, Gardiner, Negron, Richter, and Wise
Voting NO were: Margolis, Siplin, Smith and Jones
Read the Republican response to the bill at:
House Budget Council
HJR 7221/CS/SJR958/ The House bill passed 14-10.
This joint resolution is the infamous TABOR (Tax Payer Bill of Rights). If passed by 3/5 at both chambers, the measure would be submitted to voters at the general election in 2012. Like all proposed amendments to the Constitution, passage requires 60% approval by the voters.
As drafted, the language would replace Florida’s existing Constitutional review limitations which are based on personal income growth with a new limitation based on changes in population and inflation.
The limitations could be exceeded by super majority votes of the legislature. The effect of this change is a more stringent limitation. Most reviews of the Colorado experiences and revenue limitations in other states point to the starvation of government budgets and the services they fund. These misguided formulas restrict government’s ability to raise taxes, fees, fines, or even charges for legitimate services.
This year’s iteration of the bill began in the Senate as a proposal by Senate President Mike Haridopolos. As we all know, Senator Haridopolos is challenging Bill Nelson for the US Senate. This bad bill is being advanced as a voter turnout tool for that election as well as to advance the misguided policy of starving government.
“The bitterness of poor quality remains long after the sweetness of low price is forgotten” – Ben Franklin
Senate PreK-12
· SB 1550 by Sen. Negron (R-Stuart) is the “vouchers for all” bill. This bill would take 40 Percent of the state’s per pupil public school funding and deposit it into an “education savings account” where it may be used to pay private school tuition, for tutors or for college savings accounts. Any student would be eligible to open an account—even if they are currently attending a private school. Using this year’s proposed budget numbers the amount would be about $3,100 per student. The rumor mill so far gives the bill little chance of going to the full Senate this year, but the sponsor has indicated he will bring the bill back for the 2012 Legislative Session. The bill passed the committee and has two more committee stops before it can be heard on the Senate Floor: Higher Education and Budget.
· SB 778 by Sen. Diaz de la Portilla (R-Miami) passed by a vote of 3 to 2. This bill would require Miami-Dade district school boards to consist of nine members. It would provide for single-member and at-large districts and for the election of a chair and vice chair of the school board. The bill has two more committee stops: Rules Subcommittee on Ethics and Elections, and Rules.
· SB 508 – Sales Tax Holiday / School Supplies by Bogdanoff – passed. Establishes an annual 3-day sales tax holiday within which sales taxes are not collected on certain clothing, computers, and school supplies
· SB 578 – Disability Awareness by Ring – passed, Requires district school boards to provide disability history and awareness instruction in all K-12 public schools during the first week in October
· SB 700 – Education / Prayer by Siplin – passed. Authorizes district school boards to adopt resolutions that allow prayers of invocation or benediction at secondary school events
· SB 788 – Public Education Instruction by Diaz de la Portilla – passed. Requires district school boards to designate one month of the school year to celebrate the Founding Fathers of the United States of America and the principles inherent in the country’s founding documents
· SB 922 – FEFP Study by Flores – passed. Requires that the DOE enter into a contract with an entity located outside the state to conduct a study and review of the Florida Education Finance Program (FEFP) and recommend any improvements that may be necessary
· SB 1062 – Veteran’s Day by Hill – passed. Requires school districts to observe Veterans’ Day; prohibits holding classes on that day
· SB 1430 – Regulation of Smoking by Altman – passed. Authorizes a district school board to adopt rules prohibiting any person from smoking tobacco on or in any district-owned or district-leased facility or property
· SB 1656 – John McKay Scholarships by Wise – passed. Makes John McKay Scholarship available to students with disabilities who have a 504 accommodation plan
· SB 2172 – School Board Members / Salaries by Education PreK-12 – failed. Removes provisions relating to base salary and additional compensation for a district school board member; prohibits district school board members from receiving more than a $100 stipend per school board meeting
House Judiciary Committee
· HB 1471 – Religious Freedom by Plakon (R-Longwood) would place an amendment on the State Constitution that would allow public funds (taxes) be spent on to provide that no individual or entity may be discriminated against or barred from receiving funding on basis of religious identity or belief deletes prohibition against using revenues from public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution
In the Senate Budget Committee
· SB 1546 – Charter Schools by Thrasher: provides for the designation of charter schools as high-performing if certain requirements are met. Passed
· SB 1466 – Class Size Requirements by Simmons – passed. Requires that class size maximums be satisfied on or before the October student membership survey each year; provides that a student who enrolls in a school after the October student membership survey may be assigned to classes that temporarily exceed class size maximums under certain circumstances [NOTE: The provisions of this bill are also included in both the House and Senate education budget conforming bills]
Visiting lobbyists this week
What a week we had as our friends from across the state joined us in Tallahassee for press conferences, committee meetings, testifying, protesting, and even some fun. Thanks to the folks from Alachua, Broward, Dade, Duval, Escambia, Hillsborough, Lee, Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, and United Faculty of Florida!
Thanks to Kevin Watson and Jacqui Sisto for their contributions to this report.
Questions? Call FEA Public Policy Advocacy at 850.224.2078