February 25, 2011

TThe Missouri General Assembly concluded this week with more floor action.

In the next few weeks look for less committee action and more work in the House and Senate floor.

The House voted Wednesday to require information on the Governor’s travel to be posted on the states website. The language was added to legislation on the Missouri Accountablitiliy Portal. The bill was given first round approval. Information on school districts, municipal and county governing could be posted on the website.

The House also gave approval on a party line vote in committee to HJR 8, the “Fair Tax” proposal, to replace the state income tax with a sales tax on all goods and services. Estimates are that Missouri will need a 15% sales tax to remain “even” on funding. The bill will now go to the full House.

The redistricting process starts this week as census data will be revived this week. Hearings will be held across the state. Literally every legislative district will change.

News this week includes:

Senate-Commerce, Energy and the Environment
Sen. Brad Lager, R-Savannah, presented two bills before the committee.

SB 188   Modifies the law relating to the Missouri Human Rights Act and employment discrimination.

Sen. Lager presented a controversial piece of legislation, Senate Bill 188, that would reform the state's current employment law practices. Sen. Lager called this the most important economic development bill that the legislature will see all year, as it seeks to level the playing field for Missouri employers in court.

Senate Bill 188 would change the laws regarding unlawful discriminatory practices as they relate to the Missouri Human Rights Law. Much debate surrounds this issue, because of the statutory amendments it would make to reverse recent court decisions. Key provisions of the legislation would: change the threshold of liability from "a contributing factor" to "a motivating factor," eliminate individual liability for employers, create a new section under the law to include whistleblower cases, cap damages based on the number of employees a company has, implement summary judgments, and protect public entities and political subdivisions from having to pay for punitive damages.

Proponents say this will direct Missouri courts to follow federal standards. Opponents say it will take Missouri away from federal standards and could result in the massive loss of federal funds to the Missouri Commission on Human Rights.

Speaking in favor of the bill was Dan O'Keefe, an attorney with the Bryan Cave Law Firm, who said that SB 188 is the exact law that is in place on the federal level and the purpose is to close the loop on frivolous claims in Missouri.

Others speaking in favor were: Jerry Hunter, Bryan Cave Law Firm; Ian Cooper, attorney; Rich AuBuchon, Missouri Chamber of Commerce and Industry; Gary VanMeter, Missouri United School Insurance Council; David Overfelt, Missouri Retailers' Association and Missouri Grocers' Association; Brent Hemphill, Missouri Restaurant Association; Shannon Cooper, Greater Kansas City Chamber of Commerce; Mike Dallmeyer, American Insurance Association; Tricia Workman, St. Louis RCGA; and Bert Kimble, Cooperating School Districts of Greater Kansas City.

Alisa Warren, executive director of the Missouri Commission on Human Rights, spoke to the committee on the potential negative impacts SB 188 could have. She said nearly 22 employees of the commission would be lost, along with 65 percent of the federal funds it currently receives.

Many attorneys also lined up to argue that SB 188 would "wipe out 50 years of law" that Missouri has been practicing. Opponents believe this provision would harm employees and misalign the state with standards on the federal level.

Following testimony, the hearing was adjourned.

Proposal Calls for More Petition Signatures
A Missouri lawmaker wants organizers of initiative petitions to collect signatures from all of the state’s congressional districts before their measures go on ballots. Initiative petition campaigns are currently required to get signatures from a percentage of voters in six of the state’s nine congressional districts. Hartville Republican Tony Dugger is proposing an amendment to the Missouri Constitution to change that requirement. Dugger told a House panel Tuesday that the current process allows initiative petitions to go to the ballot without signatures from rural congressional districts. Initiative petition organizers say requiring signatures from all districts would greatly increase the number of signatures campaigns have to gather, making it harder to submit petitions. The proposed amendment would have to be approved by voters if it passes the House and Senate.

Representative Dugger’s bill is HJR 16.

Worker’s Compensation
The Missouri Senate is revisiting a bill proposing changes in the state worker’s compensation law in an effort to solve problems created by a recent court decision.

Until 2005, state law required a “liberal” approach to determining if an on-the-job injury was to be covered by the state worker’s compensation system that all employers pay into.

In exchange for that state established coverage, employees couldn’t sue over their work-related injuries.

But the 2005 Legislature changed the law to a “strict” construction, requiring an injured employee to prove that an injury was job-related, and a court ruling last year sadi the law change also allowed an employee to sue a co-worker for causing an injury.

The bill also would remove “toxic exposure” from the worker’s compensation system and allow those back into the courts.

Public Contracts
The House Committee on Workforce Development and Workplace Safety voted out HB 319 sponsored by Rep. Fisher (R-Bates). HB 319 seeks to change the laws regarding contracts for public construction projects that are funded - in any amount - with public funds. Rep. Fisher discussed similar legislation that was passed several years ago, known as the "Fairness in Public Construction Act," that attempted to level the playing field for non-union employers in the construction bidding process. Since the projects are being paid for with taxpayer dollars, supporters believe every option should be explored in order to save money. Speaking in favor of the legislation were: Associated Builders and Contractors; Associated General Contractors of Missouri; Missouri Chamber of Commerce and Industry; and Associated Industries of Missouri. Herb Johnson, Missouri AFL-CIO spoke in opposition to HB 319. No further witnesses were present and the hearing was adjourned.

The Senate Agriculture, Food Production and Outdoor Resources Committee
The Senate Agriculture, Foot Production and Outdoor Resources Committee met on Wednesday. They heard the following bill:

SB 162   Creates the Farm-to-Table Advisory Board.

Sen. Mike Parson, R-Bolivar, presented Senate Bill 162 on behalf of committee chairman Sen. Brian Munzlinger, R-Clarence.. SB 162 would create a Farm-to-Table advisory board that would investigate ways to connect Missouri farmers with schools and provide fresh produce for students.

The advisory board would be made up of eight people, with one representative from each of the following entities: The University of Missouri Extension Service, the Office of Administration, and the Departments of Agriculture, Corrections, Elementary and Secondary Education, Economic Development, Health and Senior Services, and Mental Health. The board must meet at least twice, but may meet more often as needed.

Senate Bill 162 also requires the board to produce and deliver a report, containing its findings and recommendations, to the Governor, the General Assembly, and the directors of the represented agencies by Jan. 15, 2012.

Speaking in favor of the bill were: Jace Smith, American Heart Association; Jeremy LaFaver, Missouri Partnership for Children; David Overfelt, Missouri Grocers' Association; and Beth Low, Greater Kansas City Food Policy Coalition.

Bill McKelvey with University of Missouri Extension has worked extensively on similar projects and spoke for informational purposes before the committee.

Midwives
Legislation to authorize a system of occupational licensure for “certified professional midwives” was heard. These midwives currently are permitted to practice under a court ruling that upheld the validity of a surreptitious one-sentence legislative amendment enacted several years ago. However, there are few processes or procedures for licensure or enforcement. House Bill 301 establishes a licensure system based on those of other occupations. The bill includes liability protections for other providers treating complications in a midwife’s patient and also requires physician oversight of the midwife’s services and an arrangement with a nearby hospital.

Tort Reform
A bill was reviewed by a House committee that would remove the concept of joint and several liability in medical malpractice lawsuits and other torts. If House Bill 364 were to be enacted and signed into law, defendants would be responsible solely for their percentage of fault. They would not be required to pay for others found to be at fault in some measure but who could not pay their share of the award.

Next week
The legislature has three weeks before the spring recess. The Senate bill filing cutoff is Tuesday.

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