Capitol Briefing

Week of Feb. 14, 2011

Senate Sends Corporate Franchise Tax Legislation and Voter ID Bill to the House

Senators Also Consider Fire Sprinkler Measure

JEFFERSON CITY— Measures dealing with voter ID, corporate franchise taxes, and fire sprinkler standards topped this week’s legislative agenda in the Missouri Senate.

Before session convened on Monday (2-14), members of the Senate Financial and Governmental Organizations and Elections Committee met to consider several bills, including Senate Bill 225, sponsored by Sen. Kevin Engler, R-Farmington.  If enacted into law, beginning Jan. 1, 2012, certain circuit and associate circuit judgeships in Missouri would become nonpartisan offices elected in nonpartisan elections. 

This act would not apply to elections involving incumbent candidates who were seated before Jan. 1, 2012, and these same judges would be able to continue to hold office as partisan judges.  In addition, judgeships selected before the nonpartisan court plan’s creation would be excluded from the provisions involving the nonpartisan elections, but not the provisions requiring the offices to be nonpartisan and prohibiting the judges from certain partisan activities.  With the committee’s passing vote, members would give their approval for Senate Bill 225 to be sent to the full Senate for debate.

Click here to watch and listen to daily audio and video clips regarding Senate Bill 225.

On the Senate floor, senators took up and debated Senate Joint Resolution 2 Monday afternoon.  The constitutional amendment, sponsored by Sen. Bill Stouffer, R-Napton, would ask Missourians, “Shall the Missouri Constitution be amended to allow the General Assembly to provide voter photo identification requirements for elections by general law?”

Upon voter approval, the amendment would allow a citizen seeking to vote in person to be required by law to identify him or herself as a U.S. citizens and a Missouri resident by producing valid, government-issued photo identification.  However, exceptions may be provided for by general law.  The measure received the Senate’s initial approval later in the week.

On Tuesday, the Senate continued its discussion on Senate Bill 19, sponsored by Sen. Eric Schmitt, R-Glendale.  The legislation would cap corporate franchise tax liabilities at the amount of each corporation’s tax liability for the 2010 tax year.  For corporations not doing business in Missouri or that did not exist in 2010, its corporate franchise tax liability would be capped at the amount of its first full year of existence.  In addition, beginning Jan. 1, 2013, the corporate franchise tax rate would be gradually reduced over a five-year period until it is completely phased out.  No corporate franchise tax would be imposed effective Jan. 1, 2016.

Senate Bill 19 went on to receive the Senate’s final approval, making it the second measure this session that has been sent to the House of Representatives for similar consideration.

Click here to watch and listen to audio and video clips regarding Senate Bill 19.

Senators also took up Senate Bill 3 for debate.  The legislation, a companion bill for SJR 2, would establish photo identification requirements for voting.  Documentation required by citizens to present before voting would include:

• a nonexpired Missouri driver’s license;
• a nonexpired or nonexpiring Missouri driver’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 the state of 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 must be after the most recent general election.

The measure would allow citizens to vote using a provisional ballot 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.  The election authority would have to verify the identity of the individual by comparing the person’s signature to the signature on file.

An amendment, offered by Sen. Jolie Justus, D-Kansas City, was offered that would provide a provisional ballot for those individuals who are unable to pay for or obtain a birth certificate or other supporting documentation that is necessary to obtain identification required to vote.  The Senate later adopted the amendment.

The Senate also adopted an amendment, offered by Sen. Robin Wright-Jones, D-St. Louis, which would modify state law relating to voter registration and election offenses.  The amendment would clarify information needed to obtain a certain amount of voter registration applications through the Missouri Secretary of State.  It would also strengthen the penalties for anyone who knowingly signs any name other than their own to any voter registration application.

Senators went on to give their first-round approval to Senate Bill 3.  Another passing vote made later in the week now sends the measure to the House.

Listen to “The Senate Minute” for Feb. 15 and Feb. 16, which features debate on a resolution and its companion measure that would establish photo ID requirements for voting.

The Senate General Laws Committee also met on Tuesday to hear testimony on several measures, including Senate Bill 37, sponsored by Sen. Jim Lembke, R-St. Louis.  The bill would establish the “Students First Interscholastic Athletics Act,” further promoting the General Assembly’s intent that every high school student has the opportunity to participate in interscholastic athletics, including students enrolled in public school, private school, the Missouri Virtual Instruction Program, or a home school, regardless of background and education program. 

The committee also considered Senate Bill 206, sponsored by Sen. Chuck Purgason, R-Caulfield.  The measure, similar to other “Right-to-Work” legislation, would bar employers from requiring employees to engage in or cease engaging in certain labor practices.  Senate Bill 206 was combined with Senate Bill 1, the upper chamber’s lead “Right-to-Work” measure, which has been approved by the Senate General Laws Committee, moving it one step closer to debate by the full Senate.

During Senate floor debate on Wednesday (2-16), lawmakers took up for consideration Senate Bill 108, sponsored by Sen. Schmitt.  The legislation would extend the expiration date concerning the installation of fire sprinklers in certain residential homes to Dec. 31, 2019. 

Currently, state law applies the fire sprinkler installation provision to single-family homes or multi-unit dwellings of four or fewer units.  This legislation would change the law to apply to one- or two-family homes or townhouses.  According to the bill’s sponsor, Senate Bill 108 would continue to give consumers the choice to have fire sprinklers installed in residential construction units.  The bill went on to receive the Senate’s first-round approval.

Wednesday afternoon, several committees held hearings to consider legislation regarding a wide variety of issues.  The Senate Jobs, Economic Development and Local Government Committee heard testimony on several measures designed to boost economic development in the state.

• Senate Bill 217, sponsored by Sen. Ron Richard, R-Joplin, would create state and local sales and use tax exemptions for data storage centers.
  Click here to listen to and watch a video and audio clip featuring Senate Bill 217.
  
• Senate Bill 246, sponsored by Sen. John Lamping, R-St. Louis, would create a tax credit for investments in technology-based early-stage Missouri companies.
• Senate Bill 248, sponsored by Sen. Mike Parson, R-Bolivar, would establish the Proof of Concept Business Finance Program to provide one-time loans to eligible advanced technology companies.
• Senate Bill 252, sponsored by Sen. Mike Kehoe, R-Jefferson City, would modify certain provisions in the qualified research expense tax credit program, including changing the timeline for application and issuance of tax credits under the program and removing the prohibition on approval and issuance of tax credits, and increasing the annual tax credit cap from $9.7 million to $10 million.
• Senate Bill 189, sponsored by Sen. Schmitt, would modify provisions of the Missouri Quality Jobs Act to allow benefits for projects located within dormant manufacturing plant zones.  The Missouri Quality Jobs Act is an incentive program that attracts small businesses, new technology companies and high-impact projects to Missouri’s rural and urban areas, among other purposes.

Senator Wright-Jones presented two of her measures before the Senate Progress and Development Committee.  Senate Bill 22 would, among other provisions, require newly constructed state buildings after Aug. 28, 2011, that are more than 5,000 square feet to meet certain “green” building standards, including the 2 Globes level under the Green Globes building rating system or the Silver level under the Leadership in Energy and Environment Design (LEED) building rating system.  The Missouri Office of Administration (OA) may waive the points requirements for economic reasons.

Click here to watch and listen to audio and video clips featuring Senate Bill 22.

Senate Bill 47, also sponsored by Sen. Wright-Jones, would change state law relating to minority and women’s business enterprises.  More specifically, the legislation would require OA to study and implement a plan to increase and maintain the participation of certified socially and economically disadvantaged small business organizations, minority business enterprises and women business enterprises in contracts for supplies, services and contracts with the state.

Both measures would need to receive the committee’s approval before they can move forward in the legislative process.

The Senate Education Committee considered several measures pertaining to elementary, secondary and higher education in the state.  Each of these bills have yet to receive the committee’s approval:

• Senate Bill 54, sponsored by Sen. Jane Cunningham, R-Chesterfield, would create the Amy Hestir Student Protection Act.  Among other provisions, the act would require the employee and the school district superintendent to forward an allegation of sexual misconduct to the Children’s Division within 24 hours if a student reports alleged sexual misconduct by a teacher or other school employee to a school employee who is required to report the allegation to the division; prohibit a registered sex offender, or a person required to be registered as a sex offender from serving as a school board member or candidate for school board; and by July 1, 2013, every school district would have to adopt a written policy on information that the district may provide about former employees to other public schools.
• Senate Bill 81, sponsored by Sen. David Pearce, R-Warrensburg, would ensure that the Division of School Improvement within the Department of Elementary and Secondary Education, beginning in FY 2013, provide each Regional Professional Development Center with professional development education assistance for fine arts.
• Senate Bill 130, sponsored by Sen. Scott T. Rupp, R-Wentzville, would create the Early High School Graduation Scholarship Program for public high school students who graduate early.
• Senate Bill 163, sponsored by Sen. Pearce, would change the composition of the Board of Curators of the University of Missouri and the governing board of Missouri State University.
• Senate Bill 164, also sponsored by Sen. Pearce, would establish the Missouri Science, Technology, Engineering and Mathematics Initiative within the Department of Higher Education.

Before lawmakers adjourned for the week, several measures were reported to the Senate floor from committee, including Senate Bill 13, sponsored by Sen. Pearce, that would require the Joint Committee on Education to oversee a task force on teacher compensation and effectiveness;  Senate Bill 28, sponsored by Sen. Dan Brown, R-Rolla, that would exempt those 21 and older from wearing a helmet while operating a motorcycle; Senate Bill 71, sponsored by Sen. Parson, that would eliminate a requirement that banks, savings institutions, and credit unions file a certain notice with the Missouri Real Estate Appraisers Commission; and Senate Bill 77, sponsored by Sen. Stouffer, that would expand the types of directional signs which may be erected and maintained within highway right-of-ways.

The Missouri Senate will reconvene on Monday, Feb. 21 at 4 p.m.  Next week, lawmakers are scheduled to address Senate Bills 71, 58 and 13. 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:

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