Capitol Briefing

Week of April 4, 2011

Bills Dealing with Fire Sprinklers, Corporate Franchise Tax Sent to Governor

Senate Moves Multitude of Legislation Forward

JEFFERSON CITY — Senators approved a variety of bills this week, giving 33 bills initial approval and sending 22 of those bills to the House for similar consideration.  Two bills were approved by the Legislature and sent to the governor’s desk for his signature.    

Senate Bill 108, sponsored by Sen. Eric Schmitt, R-Glendale, was the first bill to be approved by the Legislature and sent to the governor this session.  Senate Bill 108 would extend a provision already in law that would otherwise expire. The 2009 International Residential Code would have mandated the installation of fire sprinklers in all newly constructed homes. Instead, the General Assembly passed a measure in 2009 requiring home builders to offer buyers an option for the installation of fire sprinklers, allowing the consumer the choice to install or decline to install fire sprinkler systems.

The current expiration date for sprinkler installations is Dec. 31, 2011, with provisions applying to single-family residences or multi-unit dwellings of four or fewer units. Senate Bill 108 would modify the law to apply to one- or two-family residencies or townhouses, and would extend the expiration date to Dec. 31, 2019.

The legislation also states that if a political subdivision (town, city, county, etc.) approves certain codes for one- or two-family residencies that do not require automatic fire sprinkler systems, the political subdivision may retain language from a previous version of code that requires walls to be thick enough to prevent fires in the building.

Senate Bill 19, sponsored by Sen. Schmitt, was also approved by the Legislature.  With the governor’s signature, the legislation would cap corporate franchise taxes for companies at their 2010 rate, and completely phase out the corporate franchise tax over a five-year period. 

The corporate franchise tax is imposed on companies based on a percentage of their assets.  The bill would limit the amount of corporate franchise taxes any corporation must pay to their 2010 level, essentially freezing their rate at what they paid in the 2010 tax year.  Companies that move to Missouri after 2010 would be capped at their franchise tax liability for their first full-year of existence.

The bill would also gradually reduce the corporate franchise tax rate over a five-year period until it is completely phased out.  The phase-out would begin in 2012 and would continue until 2016 when no corporate franchise tax would be imposed in the state. 

Early in the week, the Senate gave first-round approval to a variety of bills.  Later in the week, many of these bills received final approval from the Senate, moving them to the House for similar consideration.

Senate Bill 9, sponsored by Sen. Scott T. Rupp, R-Wentzville, would make changes to the state’s “No Call” list, a program that allows Missourians to reduce unwanted telemarketing.  The bill would allow individuals to add their cell phone numbers to the list, add automated phone calls to the types prohibited, and prohibit entities from blocking their number from appearing on any caller identification service. 

The legislation would also require that anyone making a political phone call to a Missouri resident include a "paid for by" statement.  A committee making political phone calls would have to be registered with the Missouri Ethics Commission.  Businesses and other non-committee organizations making political phone calls would be required to register with the Secretary of State and the Missouri Ethics Commission and disclose on whose behalf the organization is making the calls. Records would be kept for two years after the date an organization receives payment for political solicitation services rendered.  

Click here for audio and video clips from Sen. Rupp discussing Senate Bill 9 on the floor of the Senate on April 5. 

Senate Bill 54, sponsored by Sen. Jane Cunningham, R-Chesterfield, would create the "Amy Hestir Student Protection Act."  The legislation is focused on preventing sexual misconduct by school employees.  The bill would, among other provisions, require teachers and administrators to report alleged sexual misconduct by a teacher or other school employee within 24 hours of the student making the allegation and require districts to disclose abuse allegations when responding to a potential employer's request for information regarding an employee.

During debate, Sen. Ryan McKenna, D-Crystal City, proposed an amendment to add “Erin's Law" to SB 54.  The legislation would create the Task Force on the Prevention of Sexual Abuse of Children to make recommendations for reducing child sexual abuse.  The task force could also adopt a policy addressing sexual abuse of children, including a curriculum to use in Missouri schools.  The amendment was approved by the Senate.  The original bill, Senate Bill 286 , was also given approval by the Senate later in the week. 

Click here for audio and video clips from Sen. Cunningham and Sen. McKenna discussing Senate Bills 54 and 286 on April 5 and April 7. 

Sponsored by Sen. Jack Goodman, R-Mt. Vernon, Senate Bill 394 would address the issue of human trafficking in the state.  The bill would increase penalties for the crime of human trafficking, slavery, and certain sex crimes against children.  Under the measure, an individual convicted of human trafficking would also have to pay restitution to their victims.  Provisions are also included to allow victims of human trafficking or the Missouri Attorney General to bring civil action against a person guilty of human trafficking. 

In recognition of the fact that some who are engaged in illicit criminal activity are not voluntary perpetrators, the legislation allows a defendant in a prostitution case to enter an affirmative defense if her or she was coerced by the use or threat of unlawful physical force. 

The legislation also authorizes the Department of Public Safety to establish procedures for identifying victims of trafficking; requires law enforcement officers to notify the Department of Social Services and juvenile justice authorities, if applicable, of individuals who appear to be a victim of trafficking; and allows state agencies to implement programs to provide services to confirmed victims of trafficking.

Click here to listen to the Senate Minute from April 7 on Senate Bill 394.  Click here for audio and video clips of Sen. Goodman discussing Senate Bill 394 on the floor of the Senate on April 6. 

Senate Bill 202 , sponsored by Sen. Jason Crowell, R-Cape Girardeau, would prevent public employee labor unions from withholding fees from employee paychecks.  The bill would also ensure an employee gives consent before public employee labor unions could use fees and dues for political purposes and requires that the employee authorize the amount to be used for political contributions.  The legislation would only apply to public employees, such as state employees. 

Click here for audio and video clips of Sen. Crowell discussing Senate Bill 202 on the floor of the Senate on April 7. 

Additional bills that received final approval in the Senate include:

The Senate will reconvene next week at 4 p.m. on Monday, April 11.  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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