Call for September 6 Missouri Special Session Includes Presidential Primary

Missouri Governor Jay Nixon (D) today issued a call for a special session of the state legislature to convene on September 6.¹ Republican leadership in the legislature received their preferred date for the start of the session, and the resulting session will overlap with the legislature's September 14 veto session. The proclamation calls for the date of the presidential primary to be addressed moving the nomination contest to the first Tuesday after the first Monday in March (March 6, Super Tuesday).

In other words, we will likely know within that first week -- give or take a few days -- whether General Assembly Republicans will pursue the call for a "clean" bill regarding the presidential primary or move to override the governor's veto. The latter would require the help of four Democratic representatives to be successful.

Theoretically, Missouri should fall in line fairly soon after Arizona Governor Jan Brewer (R) makes the decision on when the presidential primary in the Grand Canyon state will be. If January 31 is the date Governor Brewer is intent on that decision will have to be made -- via proclamation -- on or before September 2.

Hat tip to the Associated Press for the story.

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¹ Governor Nixon's proclamation:

WHEREAS, prudently designed economic development programs accelerate Missouri's economic growth through the creation of a vibrant business climate that attracts new employers to Missouri and encourages existing businesses to expand; and

WHEREAS, the Missouri Science and Innovation Reinvestment Act, Compete Missouri Initiative, data storage centers, recruitment of significant amateur sporting events and the creation of an international export hub to facilitate the expansion of Missouri exports are critical programs that capture Missouri's bold vision and competitive spirit and will spur economic expansion in all corners of this state; and

WHEREAS, economic development programs must include transparency, accountability and return on investment and be implemented in a fiscally prudent manner; and

WHEREAS, economic incentives and tax credit programs must be regularly reviewed to ensure those programs are effective in addressing their purpose and provide appropriate return on investment; and

WHEREAS, implementation of tax credit reform will inject accountability, transparency and result in taxpayer funds being spent in a fiscally effective manner; and

WHEREAS, legislation to modernize Department of Revenue collection measures and a period of tax amnesty will benefit citizens of the State of Missouri and have a positive impact on general revenue; and

WHEREAS, Conference Committee Substitute for House Committee Substitute for Senate Bill No. 282, passed during the First Regular Session of the Ninety-Sixth General Assembly, would have moved Missouri's Presidential Primary to March, 2012; and

WHEREAS, Conference Committee Substitute for House Committee Substitute for Senate Bill No. 282 was vetoed due to the inclusion of objectionable provisions unrelated to the moving of the date for the Presidential Primary; and

WHEREAS, a March, 2012 Presidential Primary will allow Missouri to remain a crucial state during the presidential nomination process; and

WHEREAS, the First Regular Session of the Ninety-Sixth General Assembly considered but failed to pass legislation that would have transferred supervision and control over the St. Louis Metropolitan Police Department to the City of St. Louis; and

WHEREAS, Article IV, Section 9 of the Missouri Constitution authorizes the Governor on extraordinary occasions to convene the General Assembly by proclamation, wherein he shall state specifically each matter on which action is deemed necessary; and

WHEREAS, the need for economic development legislation, tax credit reform, tax amnesty legislation, enhancement of Department of Revenue collection measures, moving the date of the 2012 Presidential Primary and transitioning the St. Louis Metropolitan Police Department to local control are extraordinary occasions as envisioned by Article IV, Section 9 of the Missouri Constitution.

NOW THEREFORE, on the extraordinary occasions that exist in the state of Missouri:

I, JEREMIAH W. (JAY) NIXON, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution of the State of Missouri, do, by this Proclamation, convene the Ninety-Sixth General Assembly of the State of Missouri in the First Extra Session of the First Regular Session; and

I HEREBY call upon the Senators and Representatives of said General Assembly to meet in the State Capitol in the City of Jefferson at the hour of 12:00 p.m., Central Daylight Time, on September 6, 2011; and

I HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specifically designated and limited hereinafter as follows:

• To enact legislation implementing comprehensive reforms to existing tax credit programs that produces substantial savings to the state treasury through the elimination of programs, imposition or lowering of caps, establishment of program sunsets and other reforms that create efficiencies and safeguard the taxpayers' money. This matter is restricted and nothing in this Proclamation should be construed to authorize the enactment of legislation amending the five year limitation on interest costs eligible for issuance of tax credits under section 99.1205.3, RSMo.
• To enact legislation that incentivizes the development of an international air cargo hub at Lambert-St. Louis International Airport through creation of an air export tax credit for freight forwarders not to exceed a total of sixty million dollars over eight years and a real estate development tax credit not to exceed a total of three hundred million dollars over sixteen years for eligible facilities located in "gateway zones," the qualification for which will be confirmed and verified by the Department of Economic Development, and additional accountability, oversight and participation protections.
• To enact the Missouri Science and Innovation Reinvestment Act authorizing the Missouri Technology Corporation to provide grants, loans and investments in science and innovation businesses through use of funding generated by capturing a portion of any new growth in income tax revenue generated by employees working at such new and existing science and innovation businesses in Missouri.
• To enact the Compete Missouri Initiative which streamlines and updates Missouri's training programs to reflect business and workforce needs; consolidates Missouri's business development incentives into a single program with consistent definitions and processes; provides performance-based benefits with broader accessibility for small businesses and businesses in rural areas; provides additional benefits for targeted industries identified by business leaders in Missouri's Strategic Initiative for Economic Growth; provides business retention incentives for companies retaining more than 125 jobs annually; and authorizes establishment of a closing fund for competitive recruitment and retention projects.
• To enact legislation creating incentives for the construction and development of high-tech data centers that allows a high-tech data center making a minimum capital investment of thirty-seven million dollars and creating at least thirty new jobs to be exempt from certain state and local sales taxes on utilities, machinery and equipment used in the operation of the data center and on personal property and materials used in the construction of the data center, with the overall amount of the exemption limited to the positive fiscal impact to taxpayers resulting from the project.
• To enact legislation authorizing tax credits available for sports commissions, convention and visitors bureaus, certain nonprofit organizations, counties, and municipalities to offset expenses incurred in attracting amateur sporting events to the state in an amount not to exceed three million dollars annually; and to authorize a revenue-neutral contribution tax credit for donations to local sports organizations for the purposes of attracting amateur sporting events to the state in an amount not to exceed ten million dollars annually.
• To enact legislation creating administrative efficiencies and improving the Department of Revenue's ability to collect moneys owed to the State by authorizing the Department of Revenue to: 1) collect, upon referral, debts owed to other state agencies; 2) reduce its expenses associated with providing required notices; 3) recover its collection and administrative costs by retaining one percent of the amount of any local sales or use tax collected by the Department; 4) enter into a reciprocal collection and offset of indebtedness agreement with the federal government; 5) issue orders directly to debtors' employers or other sources of income to facilitate the execution of administrative judgments; and 6) issue statements indicating that no taxes or fees, for which the Department is responsible for collecting, are due, as a prerequisite for payment of certain claims or judgments from the state legal expense fund.
• To enact legislation authorizing the Department of Revenue to grant amnesty to taxpayers from the assessment or payment of penalties, additions to tax, and interest with respect to unpaid income tax and sales tax due and owing that the taxpayer voluntarily reports and pays in full between August 1, 2012 and September 30, 2012.
• To enact legislation authorizing an orderly transition in the governance of the St. Louis Metropolitan Police Department from a board of police commissioners to the City of St. Louis through a process that provides for equitable employment treatment for commissioned and civilian personnel.
• To enact legislation moving Missouri's Presidential Primary to the first Tuesday after the first Monday in March of each presidential election year.
• To allow the Senate to consider appointments to boards, commissions, departments, and divisions that require advice and consent of the Senate.

Such additional and other matters as may be recommended by the Governor by special message to the General Assembly after it shall have been convened.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 22nd day of August, 2011.

Jeremiah W. (Jay) Nixon
Governor

ATTEST:

Robin Carnahan
Secretary of State

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