Capitol Briefing

Week of Feb. 7, 2011

Lawmakers Move Several Measures from Committee to Full Senate for Debate

Voting, Drug Testing, and Agriculture Issues Will Soon
Receive Floor Debate

JEFFERSON CITY— Lawmakers began to catch up from a shortened legislative work week due to the storm that affected much of Missouri last week. 

On Monday (2-7), the Senate Financial and Governmental Organization and Elections Committee considered several measures pertaining to election laws in Missouri. 

Senate Bill 84 , sponsored by Sen. Robin Wright-Jones, D-St. Louis, would, among other provisions, modify state law relating to voter registration and election offenses.  The legislation would clarify information needed to obtain a certain amount of voter registration applications through the Missouri Secretary of State.  Senate Bill 84 would also strengthen the penalties for anyone who provides fraudulent information on voter registration applications, certificates, affidavits, or absentee ballots.

The committee also heard testimony on Senate Joint Resolution 13 , sponsored by Senate Assistant Minority Floor Leader Jolie Justus, D-Independence.  Joint resolutions are used in submitting a proposed constitutional amendment to a vote of the people.  It requires the same treatment as a bill making its way through the legislative process and has the force of law.  However, it does not require the governor’s signature.

The resolution, if passed and approved by the voters, would require referendums and initiative pensions to be signed by a certain percentage of voters in each congressional district.  More specifically, upon voter approval, petitions for referendum would have to be signed by 5 percent of the legal voters in each of the congressional districts in the state, instead of by 5 percent of the legal voters in two-thirds of each of the districts.  Similarly, petitions for initiatives proposing constitutional changes would have to be signed by 8 percent of the legal voters in each of the congressional districts in Missouri, instead of by 8 percent of the legal voters in two-thirds of each of the districts.

Before the close of business on Monday, the Senate took up and gave its initial approval to two measures, both sponsored by Sen. Eric Schmitt, R-Glendale, which would address the current corporate franchise tax in Missouri.  Senate Bill 18 would cap the corporate franchise tax at the amount of each corporation’s tax liability for the 2010 tax year.  If a corporation was not doing business in Missouri or did not exist during the 2010 tax year, its corporate franchise tax would be capped at the amount of its corporation’s franchise tax liability during its first full year of existence. 

The other piece of legislation, Senate Bill 19 , would phase out the corporate franchise tax over a five-year period.  The Senate adopted an amendment that would address instances when a corporation had no annual franchise tax liability because the business was not in existence or conducting business in Missouri for the tax year ending on or before Dec. 31, 2010.  If enacted into law, no corporate franchise tax would be imposed effective Jan. 1, 2016.

The Senate took up for debate and gave its first-round approval to Senate Bill 33 on Tuesday (2-8).  According to the bill sponsor, Sen. Bill Stouffer, R-Napton, the Missouri Department of Transportation (MoDOT) is the only state department in Missouri and transportation department in the country that is required to go to mandatory arbitration, a process of settling an argument or disagreement in which both sides present their opinions and ideas to a third party.  Senate Bill 33 would repeal a portion of Missouri law that requires MoDOT to submit to binding arbitration in negligence actions.  This legislation gives MoDOT the option to go to trial or settle a lawsuit.  The legislation came to light last year during the Senate’s initial “Rebooting Government” effort.

Committee work on Tuesday included members of the Senate Health, Mental Health, Seniors and Families Committee giving their approval to Senate Bill 7 , sponsored by Sen. Jack Goodman, R-Mt. Vernon.  The legislation, which was combined with Senate Bill 5 , sponsored by Sen. Stouffer; Senate Bill 74 , sponsored by Sen. Will Kraus, R-Lee’s Summit,; and Senate Bill 169 , sponsored by Sen. Jason Crowell, R-Cape Girardeau, would require the Department of Social Services to develop a program to test work-eligible TANF (temporary assistance for needy families) applicants or recipients when a case worker believes, based on reasonable suspicion, that a person is using illegal drugs.  Committee approval sends the measure to the full Senate for debate.

Also on Tuesday, members of the Senate General Laws Committee heard testimony on Senate Bill 1 , sponsored by Sen. Luann Ridgeway, R-Smithville.  The legislation would bar employers from requiring employees to engage in or cease engaging in certain labor practices.  More specifically, employees would not be required to partake or not participate in labor organizations, pay dues, or other charges required by labor organization members as a condition of employment.  Those who fail to follow this law, if passed, would be charged with a Class C misdemeanor.  In addition, the bill would require prosecuting attorneys and the Missouri Attorney General to investigate related complaints.

On Wednesday (2-9), the Senate Education Committee approved a bill, sponsored by Sen. David Pearce, R-Warrensburg, which would require the Joint Committee on Education to oversee a task force on teacher compensation and effectiveness.  Senate Bill 13 now heads to the Senate floor for debate.

The Senate Education Committee also heard testimony on bills relating to compulsory attendance age for students.  Senate Bill 20 , sponsored by Sen. Wright-Jones, would change the compulsory attendance age from five to 18 years of age for students attending the St. Louis City School District.  Similarly, Senate Bill 124 , sponsored by Sen. Joseph Keaveny, D-St. Louis, would require children in the St. Louis City School District to attend school at the age of five.

In addition, other committees heard testimony on Wednesday regarding a variety of Senate bills.  The Senate Transportation Committee considered a measure that would exempt qualified plug-in electric drive vehicles from the motor vehicle emissions inspections program.  Senate Bill 131 is sponsored by Sen. Scott T. Rupp, R-Wentzville. 

Testimony on Senate Bill 187 , sponsored by Sen. Brad Lager, R-Savannah, was heard in the Senate Agriculture, Food Production and Outdoor Resources Committee.  His legislation, among other provisions, would change Missouri’s laws regarding private nuisances by specifying what types of damages may be awarded when a person goes forward with a private nuisance action where the alleged nuisance emanates from property used for farming, agriculture, crop or animal production purposes.

Before lawmakers convened for the week, members of the Senate Financial and Governmental Organizations and Elections Committee approved Senate Bill 3 for floor debate by the full Senate.  Sponsored by Sen. Stouffer, SB 3 would establish photo identification requirements for voting.  The legislation would require citizens to produce certain documentation to vote, including a nonexpired Missouri driver’s license; a nonexpired or nonexpiring Missouri nondriver’s license; any identification containing a photograph issued by the Missouri National Guard, the U.S. Armed Forces, or the U.S. Department of Veterans Affairs; or a document issued by the United States or Missouri containing the name of the voter (must conform to the most recent signature in the individual’s registration records), a photograph, and an expiration date or if expired, the expiration date is after the most recent general election.

Those citizens who are unable to obtain a photo ID because of a physical or mental disability, an inability to pay for a document necessary to obtain the required identification, a religious belief against certain forms of ID, or the voter was born before Jan. 1, 1941, would be allowed to vote using a provisional ballot.  The election authority would have to verify the identity of the individual by comparing the person’s signature to the signature on file.

Senate Joint Resolution 2 , also sponsored by Sen. Stouffer, moves on to the Senate for its consideration.  Upon voter approval, this constitutional amendment would require a voter to identify him or herself as a U.S. citizens and a resident of the state by producing valid, government-issue photo identification.

Another bill moving to the full Senate for debate is Senate Bill 133 , sponsored by Sen. Mike Parson, R-Bolivar.  His legislation would change the “Puppy Mill Cruelty Prevention Act” by removing a provision in Missouri law that prohibits anyone from having more than 50 dogs for the purpose of breeding and selling the resulting puppies.  In addition, the bill would give breeders who are properly licensed a grace period between 30 and 180 days in which to correct serious violations before they are charged with a crime.  Currently anyone who violates the act would be charged with a Class C misdemeanor.  Finally, the act would require the Department of Agriculture to conduct two follow-up inspections on any properly licensed breeder who is found to have committed a serious violation of the act.  The department may revoke the commercial breeder’s license if they fail to correct a serious violation after the second inspection.

The Senate Majority Floor Leader announced that lawmakers will take up SB 3 and SJR 2 on Monday, Feb. 14, when the Missouri Senate will reconvene at 4 p.m. The First Regular Session of the 96th General Assembly runs through Friday, May 13, 2011.

This update is written once a week throughout the legislative session. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov . Visitors can track legislation as it passes through the General Assembly, learn more about their district, or, when the Legislature is in session, listen to streaming audio of legislative debate as it happens. For more legislative news, please visit the Senate Newsroom . There you will find various audio and video programs and other services, such as:  

Subscribe / Unsubscribe

-END-