Capitol Briefing for the Week of Monday, Feb. 13, 2012
Legislation Addressing Workers' Compensation and State Primary Election Sent to the House for Consideration

Senate Committees Consider Initiatives Regarding Freedom of Health Care
and Gubernatorial Appointments

Before adjourning for the week, Missouri senators gave their stamp of approval to numerous measures. The bills are on their way to the House of Representatives for possible debate.

Among the initiatives that received Senate approval was a measure sponsored by Sen. Bob Dixon, R-Springfield. Senate Bill 469 would require a periodic review of all administrative rules and modify provisions regarding the awarding of certain fees in administrative actions. 

The act states that every state administrative rule would be subject to a periodic review by the appropriate state agency every five years.

Each agency with rules under evaluation would be required prepare a report with the results of the review. The report would consider whether the rule:

  • Continues or is considered obsolete.
  • Duplicates, overlaps, or conflicts with other state, federal or local rules.
  • Needs changes or should be rescinded in order to reduce regulatory burdens on businesses, individuals, or political subdivisions, or to eliminate unnecessary paperwork.
  • Or a less restrictive, more narrowly tailored rule could adequately protect the public or accomplish the same statutory purpose.

The measure is designed to promote a more proficient and streamlined government.

To protect Missourians’ privacy, SB 594, sponsored by Sen. Will Kraus, R-Lee’s Summit, would modify the state “do-not-call” list to allow cell phone numbers on the list. Under current law, only landline telephone numbers are included on the “do-not-call” list.

Sponsored by Sen. Jim Lembke, R-St. Louis, SB 611 would require the Missouri Department of Transportation to establish minimal yellow light change interval times for traffic lights. Such interval times would need to be established in accordance with standards set forth in the federal Manual on Uniform Traffic Control Devices.

To restore protections for co-employees from personal lawsuits from their role in honest accidents in the workplace, Senate Majority Floor Leader Tom Dempsey, R-St. Charles, is sponsoring SB 572.

Co-employees would be released from all liability for workplace injuries or death for which compensation is recoverable under the workers' compensation statutes. However, the employee would be liable if he or she engaged in an affirmative, negligent act that purposefully and dangerously caused or increased the risk of injury to another person.

The measure states that occupational diseases would be exclusively covered under workers’ compensation laws. Also, toxic exposure would be defined as exposure to chemicals, dust, fumes, radiation, and other such substances that, when ingested or inhaled, would cause significant problems such as cancer, deformities, and death. Death benefits for employees would be raised from $5,000 to $10,000.

The legislation contains an emergency clause, meaning it would take effect immediately upon the governor’s signature.

Click here to listen to “The Senate Minute” from Feb. 15, which features a report on SB 572. Senators included in this report are Sen. Dempsey and Senate Minority Floor Leader Victor Callahan, D-Independence.

Senate Bill 773, sponsored by Sen. Mike Parson, R-Bolivar, would establish a March 27 to April 24 filing period for the 2012 state primary election. Currently, the filing period for the Aug. 7, 2012, state primary election is from Feb. 28 to March 27.

The bill is designed to resolve timing issues caused by legislative redistricting matters, and contains an emergency clause.

Click here to listen to a report regarding SB 773, featured in “The Senate Minute” from Feb. 16. Included in this report are Sen. Parson and Sen. Callahan.

Sponsored by Sen. Scott T. Rupp, R-Wentzville, SB 450 would modify the length of school board terms for certain school districts that became urban districts due to the state’s shifting population as a result of the 2010 census.

The bill contains an emergency clause to help clarify terms for school board members who will be elected in April 2012.

To help Missouri students complete a higher education as efficiently and affordably as possible, Sen. David Pearce, R-Warrensburg, is sponsoring SB 455.

The legislation would require all public two- and four-year higher education establishments in Missouri to generate a statewide core transfer library of at least 25 courses to transfer among all public higher education institutions. These courses would include English, science, and math course credits. 

The Missouri Coordinating Board for Higher Education, which would be responsible for the transfer library, would be required to develop a policy to promote reverse transfer, allowing students who have collected enough hours to transfer from a four-year school to a two-year school in order to earn an associate degree.

By allowing an easier transfer of students’ credits among higher education institutions, students would be able to attain their degree or certificate in a more timely fashion, and they would not have to compromise their time or money for opting to transfer schools.

Senate Bill 498, sponsored by Sen. Brian Munzlinger, R- Williamstown, would prohibit cities from restricting veterans’ organizations from operating resale shops in certain areas.

Under current law, cities are prohibited from passing laws that restrict certain organizations from operating retail businesses that sell donated items. This act would expand the law to include 501(c)(19) organizations.

Senate Committees Consider Legislation

Among the Senate committees to assemble this week were the General Laws Committee (2-14) and the Gubernatorial Appointments Committee (2-15).

The General Laws Committee considered initiatives addressing the freedom of choice in health care and the distribution of public funds with regards to religious organizations.

Senate Joint Resolution 39, sponsored by Sen. Jane Cunningham, R-Chesterfield, would, upon voter approval, initiate a constitutional amendment stating that no law would be able to compel a patient, employer, or health care provider to participate in any government or privately run health care system.

In addition, the amendment would allow a person (or employer) to directly pay for lawful health care services if he or she desires, and would protect Missourians from unjust penalizations from refusing to partake in government health care programs.

Sponsored by Sen. Rupp, SJR 47 would, upon voter approval, alter a portion of the Missouri Constitution, known as the “Blaine Amendment,” that prohibits the distribution of public funds to religious learning institutions.

Among other provisions, the initiative would allow the General Assembly to pass legislation allowing students to utilize education services of religious organizations, as long as the education benefits observe the requirements of the First Amendment to the U.S. Constitution.

Click here to watch “Daily Audio and Video Clips” from Feb. 15, which highlight the General Laws Committee hearing. Featured in these postings are Sen. Rupp, Sen. Cunningham, and Sen. Shalonn “Kiki” Curls, D-Kansas City.

Senate Bill 516, sponsored by Sen. Rob Schaaf, R-St. Joseph, was considered by the Gubernatorial Appointments Committee. The legislation is designed to ensure appointments are fair and unbiased.

Currently, a prospective gubernatorial appointee to a board or commission must file a financial statement detailing all political contributions made within the four-year period prior to the appointment. The act would increase that time period to 10 years.

In addition, when state law requires that an organization or association recommend a prospective member of a board or commission, the entity would have to send a written letter of recommendation to the governor prior to the person's appointment to such a board or commission. No employee (or person on behalf of an employee) of the executive branch of Missouri would be allowed to request that the organization or association recommend a specific individual for membership on such a board or commission.

Click here to watch “Daily Audio and Video Clips” from Feb. 15, which feature the hearing of SB 516. Included in these postings are Sen. Schaaf, Sen. Callahan, and Sen. Ryan McKenna, D-Crystal City.

Senate Committee Created to Examine Costs of Social Service Programs

This week, Senate Leader Robert N. Mayer, R-Dexter, appointed five senators to serve on the newly created Special Senate Committee on Social Service Program Savings.

The committee is responsible for conducting hearings in order to examine past and projected changes in the participation and cost of each social service program offered in Missouri.

Committee members are aiming to meet weekly, with a goal of presenting an initial report of recommended actions before March 1 (the last day to introduce bills in the Missouri Senate). The Senate Committee on Social Service Program Savings will continue its work after that date until a final report of conclusions is brought before the Senate.

Lawmakers appointed to serve on the panel include Sen. Schaaf (chair); Sen. Kevin Engler, R-Farmington; Sen. Brad Lager, R-Savannah; Sen. Joe Keaveny, D-St. Louis; and Sen. Curls.


Missouri Supreme Court Rules Against Ethics Bill

This week the Missouri Supreme Court ruled against parts of a wide-ranging ethics bill passed by the Missouri Senate in 2010. Senate Bill 844, sponsored by then Sen. Charlie Shields, R-St. Joseph, created stronger ethical standards for Missouri government.  One of the main provisions rejected by the high court allowed the Missouri Ethics Commission to independently investigate ethics violations without an outside complaint being filed.  In addition, the court also ruled against provisions in the bill that required contributions of more than $500 to incumbent officials and their challengers during legislation session be electronically reported within 48 hours; specified that a statewide elected official is found guilty of the crime of “bribery of a public servant” if he or she made offers or promises of paid employment to any other statewide elected official in exchange for the legislator’s official vote; and limited the transferring of contributions among most committees.

Several bills have been filed this year regarding ethics, including legislation sponsored by Sen. Timothy Green, D-Spanish Lake, which would eliminate duplicate filing of campaign finance disclosure reports.

The Missouri Senate is scheduled to reconvene at 4:00 p.m. on Monday, Feb. 20.

For a complete list of bills filed this session, please visit the Missouri Senate website at www.senate.mo.gov and click on “List of 2012 Senate Bills” under the Legislation tab.

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.

Throughout session, you can also utilize the Missouri Senate website to follow the Senate’s legislative accomplishments. On the left-hand side of the screen is a window that states the meeting status of the Senate. You can also listen to live debate, follow dates of committee hearings on the
hearing calendar, and view the Senate Journal to keep up with the upper chamber’s work.

For more legislative news, please visit the Senate Newsroom. There you will find various audio and video programs and other services, such as:  

  • Missouri Legislative Update (MLU) – A video program produced periodically throughout the year that provides an overview of the news in the Missouri Senate and House of Representatives. The program features news interviews with lawmakers and stories on issues concerning Missourians.
  • Capital Dialogue – Missourinet's Bob Priddy hosts this monthly half-hour roundtable program bringing legislators together from the Missouri Senate and House of Representatives from different political parties to discuss their positions on specific issues and legislation.
  • This Week in the Missouri Senate – A weekly five-minute audio program that wraps up the week’s news in the Missouri Senate. Programs are posted online every Friday in .mp3 format.
  • Senate Minute – A condensed, one-minute audio report of current Senate news. Programs are posted in .mp3 format and are available through podcast.
  • Daily Audio / Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.
  • Daily News Clips – The Senate Newsroom compiles daily news clips from various print and online publications that cover issues relating to the Legislature and state government. An archive of past clips is maintained online and is offered as a subscription service.

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