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MAY 21, 2013
Missouri Legislature Fails once again to Break Tax Credit Reform "Road Block" and Move Forward on Economic Development Programs


Sen. Eric Schmitt
(R-Glendale)

Rep. Anne Zerr
(R-St. Charles)

A comprehensive economic development package that included both tax credit reforms and several important new economic development tools for Missouri failed to overcome a Senate filibuster on the last day of the legislative session, marking the fifth time in four years that the General Assembly has been unable to send a major economic development bill to Governor Jay Nixon. 

The bill (HB 698), sponsored by Rep. Anne Zerr (R-St. Charles), would have reduced the annual caps on the state's largest tax credit programs and addressed several Chamber priorities.  The Historic Preservation tax credit would have been capped at $100 million (including $10 million for small projects), and the Low-Income Housing tax credit would have been capped at $130 million for FY 2014 and reduced to $110 million by FY 2018.  The bill would also have created the Missouri Export Incentive Act to help create an international air cargo hub at Lambert-St. Louis International Airport, an Angel Tax Credit to help local high-tech start-up companies attract risk capital, and Data Center incentives to attract large IT capital investments. 
House and Senate conferees had signed off on the deal the night before, which was then passed by the House on the last day of session before dying in the Senate.  Senate Jobs, Economic Development and Local Government Committee Chair Eric Schmitt (R-Glendale) asked his colleagues "not to let the perfect be the enemy of the good," explaining that while the deal might not contain everything they wanted, it would nevertheless save the state $460 million over 15 years. 
 
An extension of the New Markets Tax Credit also fell short during the final hours of session. 
Missouri's New Markets Tax Credit leverages a federal program to attract national investments to low-income areas of the state.  The bill (SB 112) had been used as a vehicle for a larger economic development package, but when the deal fell apart the House still had an opportunity to pass the underlying bill to extend the New Markets program; however, the House did not take action on the bill, causing it to be yet another casualty of the tax credit road block.
 


Sen. Mike Kehoe
(R-Jefferson City)

SIMILAR FATE BEFALLS KEY TRANSPORTATION MEASURE

 

The Senate similarly was unable to overcome a filibuster against another key Chamber priority, SJR 16, a joint resolution that would have given Missourians an opportunity to vote on whether to invest in the state’s transportation infrastructure system with a one-cent sales tax over the next ten years.  The measure, sponsored by Sen. Mike Kehoe (R-Jefferson City), represented the culmination of four years of work by a wide variety of economic development, business, civic and other stakeholders that have built a consensus on this approach throughout the state.  It also contained important governmental accountability features, such as a prohibition on tolling or fuel tax increases. 

SOME BRIGHT SPOTS FOR ECONOMIC DEVELOPMENT

While the Chamber is disappointed that the legislature could not move forward on these issues, there were several good economic development measures that passed this year.  A tax credit for the attraction of amateur sporting events will help our region be more competitive in attracting events like NCAA tournaments and Olympic trials.  These sporting events increase tourism, boosting local businesses and generating additional sales tax revenue from hotel stays, restaurants, and other attractions.  The legislature also allocated more than $6 million for the Missouri Technology Corporation (MTC) in the state's annual budget.  The MTC is a public-private partnership that promotes entrepreneurship and fosters the growth of new and emerging high-tech companies.  The legislature also passed "Missouri Works" and the "Missouri Works Training Program" to streamline the state's business development incentives and job training programs.  Missouri Works will combine several incentive programs, including Missouri Quality Jobs, under a new annual cap of $106 million, which will be increased to $116 million by FY 2016.   

 


 

Missouri Business Climate Strengthened through Workers' Compensation Reform, Unemployment Insurance Reform

Sen. Scott Rupp
(R-Wentzville)

One major bright spot in the 2013 Missouri Legislative session was passage of Senate Bill 1, a workers' compensation reform package sponsored by Sen. Scott Rupp (R-Wentzville).  The bill, which has been a Chamber priority for several years, will restore solvency to the state's Second Injury Fund and return occupational disease cases to the workers' compensation system as intended


The Second Injury Fund was created after World War II to cover employees with pre-existing injuries, such as wounded veterans.  However, the state had to stop making payments from the Fund due to lack of funds, and it now owes $32 million to 1,200 injured workers, with more than 30,000 claims pending adjudication.  Senate Bill 1
narrows the eligible claims handled by the Fund, reduces the interest rate being paid on outstanding claims, and temporarily increases an employer surcharge to restore the Fund's solvency.  The bill also closes a legal loophole created in 2005 that has allowed occupational disease cases to be handled outside of the workers' compensation system.   Senate Bill 1 ensures that employees who contract occupational diseases will be allowed to continue to have their claims covered under the state's workers' compensation system.

Another Chamber priority that will strengthen unemployment insurance laws is Senate Bill 28, sponsored by Sen. Will Kraus (R-Lee's Summit).  The bill modifies the definition for “misconduct” so employees who are terminated for blatantly breaking company policy or engaging in illegal behavior are not eligible for unemployment benefits.  House Bill 611, sponsored by Rep. Bill Lant (R-Joplin), was also passed to ensure the state's unemployment insurance program is in compliance with the federal Trade Adjustment Extension Act of 2011.  Missouri and its employers were at risk of losing $1 billion in federal tax credits, grants and other federal funds if certain requirements were not met to prevent fraud and protect the state's unemployment funds.  The bill would implement new penalties for fraudulent claims made by individuals who continue to accept benefits after returning to work, and require employers to provide separation information in a more timely manner. 
 



Legislature Did Not Act on Medicaid Transformation, but will Study Issue During Interim

The General Assembly had a unique opportunity this year to leverage federal funds for the expansion of Medicaid eligibility, which a recent study has estimated would provide health insurance coverage for an additional 220,000 low-income Missourians and create 24,000 jobs in health care and related industries.  Virtually every chamber of commerce in Missouri, along with many other organizations, endorsed Medicaid transformation. 

Because the Affordable Care Act assumed that more low-income individuals would be insured starting in 2014 due to state Medicaid expansion, federal funding that helps reimburse hospitals for uncompensated care is scheduled to be significantly reduced.  Without federal funding to help cover the cost of the uninsured, hospitals will be forced to make up that revenue elsewhere, which is expected to result in a "hidden health care tax" on privately insured Missourians.  

The Chamber is very disappointed the legislature chose not to expand eligibility this year, since federal law requires that the federal government pay 100% of the costs for the first three years.  Understanding the challenges associated with the federal budget deficit and significant debt burdens, we nevertheless believe returning such federal funding to Missouri is important because Missouri employers and workers have contributed a substantial amount of that funding with their own taxes.  However, we recognize that this is a complex matter and that legitimate concerns were raised during the legislative process about potential reforms needed in the Medicaid system.  We are encouraged that a Joint Committee on Medicaid Transformation will study the issue during the interim, and will work to secure passage of this important measure next year.
 

 


contact the Chamber's public policy team

The Advocate is published periodically to inform Chamber members and government offices about important public policy matters at the state, federal and local levels. It seeks to provide timely, in-depth coverage on regional issues, and, at times, to call Chamber members to action. We welcome your comments and suggestions.

Chip Casteel | Senior V.P. of Public Policy | 314.444.1107 | ccasteel@stlregionalchamber.com
Eric Scheider | Senior Director of Policy Development | 314.444.1148 | eschneider@stlregionalchamber.com
Christine Page | Director of Government Affairs | 314.444.1144 | cpage@stlregionalchamber.com
Sherri Bailey | Executive Assistant for Public Policy | 314.444.1134 | sbailey@stlregionalchamber.com