| Capitol Briefing: Week of Feb. 11, 2013 |
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| Senate Sends Measure Addressing Second Injury Fund and Workers' Compensation Law to House | |
| Upper chamber moves several bills forward in legislative process | |
JEFFERSON CITY – Senators give their final approval to numerous measures addressing Missouri’s Workers’ Compensation system, certain public pension plans, and various benefits for veterans in the Show-Me State before concluding their legislative work for the week. These and other bills are now one step closer to reaching the governor’s desk and becoming law. Senate Bills Move to House for Consideration By a vote of 32-2, senators gave their final approval this week to Senate Bill 1, sponsored by Sen. Scott T. Rupp, R-Wentzville, which would change the state’s law relating to the Second Injury Fund and provisions pertaining to occupational disease within the Workers’ Compensation system. The legislation would create a funding mechanism to bolster the Second Injury Fund when usual collections do not meet the fund’s demands. If funds fall short, a supplemental surcharge not to exceed 1.5 percent for 2013 would be implemented, making the maximum rate employers pay for their Worker’s Compensation insurance premium 4.5 percent. A surcharge not to exceed 3 percent would be collected for subsequent years if collections are inadequate. These additional surcharges would expire in December 2020. In addition, the act would establish a priority for paying fund liabilities: expenses relating to legal defenses of the fund; permanent, then partial, total disability awards in the order in which they are finally settled by the court system; medical expenses incurred prior to July 1, 2012; and the interest on unpaid awards. If the bill becomes law, claims for permanent partial disability against the Second Injury Fund would no longer be allowed. Senate Bill 1 also states occupational diseases are exclusively covered under Worker’s Compensation laws, defines “occupational diseases due to toxic exposure,” and creates an expanded benefit for occupational diseases due to this type of exposure. Provisions of the bill establishing the types of claims to be paid out of the fund, limitations on settlement agreements, and funding mechanisms carry an emergency clause, enacting Senate Bill 1 into law upon the governor’s approval. The measure now moves to the House for similar consideration. The Senate’s Daily Audio/Video Clips for Feb. 13 and Feb. 14 feature Sen. Rupp and Sen. Scott Sifton, D-Affton, during Senate floor debate on Senate Bill 1. Several other bills also advanced to the House of Representatives this week. Senate Bill 12, sponsored by Sen. Kurt Schaefer, R-Columbia, would provide immunity from civil liability, including malpractice claims, for attorneys who are appointed by the court to represent defendants who lack basic life necessities in criminal cases. However, court-appointed attorneys may be liable in situations when they act willfully wrong or with malice or corruption. Sponsored by Sen. Brian Munzlinger, R-Williamstown, Senate Bill 42 would allow income tax refunds and lottery payouts to counterbalance the loss of compensation for unpaid debts to county jails. His legislation would also prohibit those with delinquent county jail debts from holding a concealed carry endorsement or licenses to hunt or fish. Senate Bill 43 and Senate Bill 51, also sponsored by Sen. Munzlinger, bring Missouri into compliance with federal law. Senate Bill 43 increases the weight allowance for vehicles equipped with idle reduction technology from 400 to 550 pounds, and Senate Bill 51 would apply provisions regarding covered farm vehicles found in the federal Moving Ahead for Progress in the 21st Century Act (MAP-21) to Missouri law. This legislation would also allow notarized affidavits to replace police reports through the application process when trying to replace a stolen license plate tab at no cost. Sen. Joseph Keaveny, D-St. Louis, is sponsoring legislation this session addressing benefit increases for public retirement plans. Currently, public retirement plans cannot implement a benefit increase unless the plan’s funded ratio is at least 80 percent and will not be less than 75 percent after adoption of the benefit increase. Senate Bill 86 states plans must use the funded ratio based off the most recent actuarial valuation — a specific formula that determines the annual amount of the employer rate that must be paid into the plan in order to pay for current and future benefit costs, and the ratio of fund assets to liabilities for benefits accrued to date — before implementing a benefit increase. The legislation also authorizes plans to implement benefit increases when necessary to maintain federal tax deferred status on employer contributions paid into the plan even if the funded ratios fall below the required level. The Senate’s Daily Audio/Video Clips for Feb. 12 highlight Sen. Keaveny and Sen. Schaefer debating Senate Bill 86 on the floor of the Missouri Senate. Legislation relating to high education credits and professional licenses for military courses and qualifications, respectively, were also given preliminary approval in the Senate this week. Senate Bill 106, sponsored by Sen. Dan Brown, R-Rolla, would require Missouri’s postsecondary institutions to accept credits for courses that the military awarded to personnel as part of their military training, as long as the courses meet certain standard for academic credit. In addition, members of the Armed Forces who have health-related professional licenses or certificates that are in good standing when entering active duty would be able to keep their license status while on active duty; those service members who need to renew these items would not be charged dues and continuing education would be waived if certain requirements are met. Finally, members of the Armed Forces would be able to apply their service toward qualifications to receive a license or certificate from a professional licensing board, as long as it meets the board’s approval. Another measure relating to members of the Armed Forces also received the Senate’s final approval. Senate Bill 117, sponsored by Sen. Will Kraus, R-Lee’s Summit, would give individuals who receive an honorable or general discharge from the U.S. military resident status in order to pay in-state tuition to attend one of Missouri’s public higher education institutions. Another provision in the bill would require all state buildings and state parks to display the Honor and Remember flag as official recognition and in honor of fallen members of the Armed Forces of the United States. Additional legislation filed by Sen. Kraus would define two terms for use when examining reasons to disqualify an individual for unemployment benefits. Senate Bill 28 would redefine “misconduct” to knowingly disregarding an employer’s interest and violating the standards the employer expects. Currently, the term “misconduct” includes a willful disregard of the employer’s interest and a disregard of standards of behavior the employer has the right to respect. Employees are currently disqualified from benefits if they voluntarily leave work without good cause. This legislation would define “good cause” as a compelling reason for an employee to cease working or require separation from work due to illness or disability. The Senate’s Daily Audio/Video Clips for Feb. 13 include Sen. Kraus and Sen. Ryan McKenna, D-Crystal City, discussing SB 28 on the floor of the Missouri Senate. Senate Bill 17, sponsored by Sen. Munzlinger, also known as the Career and Technical Education Student Protection Act, would require the newly created Career and Technical Education Advisory Board Council to develop, implement, and administer the budget for career and technical education for the State Board of Education and the Department of Secondary Education (DESE). The board would also be responsible for developing a statewide long-range plan for career and technical education, identifying legislative recommendations to improve career and technical education, promoting coordination of existing career and technical education programs, and directing disbursements and administering the Career and Technical Education Board Fund. Upper Chamber Gives First-Round Approval to Senate Bills Senate Bill 182, sponsored by Sen. Mike Kehoe, R-Jefferson City, would eliminate local use taxes on the sale of motor vehicles, trailers, boats or outboard motors. However, local sales taxes (rate based on the residency of the buyer) would be imposed on the sale of all these items, regardless of whether or not the item was purchased in Missouri. Additionally, the bill would change the local sales tax rate for these items to be the sum of the state sales tax and the local sales tax. The local tax rate for all other items would be the sum of the state highway use tax and the local sales tax. The Senate’s Daily Audio/Video clips for Feb. 14. feature Sen. Kehoe and Sen. Jason Holsman, D-Kansas City, discussing Senate Bill 182 on the Senate floor. Lawmakers Bring Up Measures for Debate The upper chamber took up Senate Bill 41 for consideration this week. The bill, sponsored by Sen. Munzlinger, would change state law regarding certain private nuisance actions. Private nuisance actions or lawsuits are based on air emission or water or solid waste discharge — other than placement of nuclear waste — and are prohibited if the emission or discharge was expressly authorized by and not in violation of Missouri statute or regulation, a license issued by a public body specified in the act, or a court order. The bill simply states that as long as businesses are operating within certain parameters and do not cause actual property damage, they cannot be sued for permitted use of their property. However, a person may file a lawsuit based on private nuisance actions if the permit holder fails to disclose certain facts or if the permit or order creates a condition that was not reasonably foreseeable when the permit or order was issued. Senate Bill 41 was set aside for further consideration. Senate Committees Approve Legislation The Senate Financial and Governmental Organizations and Elections Committee approved Senate Bill 27 and its corresponding Senate Joint Resolution 6, both sponsored by Sen. Kraus. Senate Bill 27 would require Missourians to show a photo ID at the polls before they cast their vote. Accepted forms of ID noted in the measure include:
Individuals who are unable to obtain a photo ID due to a physical or mental disability, inability to pay for a document needed to obtain a photo ID, religious belief against forms of ID, or if the person was born before Jan. 1, 1941, may vote using a provisional ballot. The legislation offers financial assistance for certain citizens by providing at least one form of ID required to vote at no cost. Upon voter approval, SJR 6 would require anyone seeking to vote in person to identify him or herself as a U.S. citizen and a resident of Missouri by producing a valid, government-issued photo ID. This constitutional amendment must pass in order for the voter ID legislation to take effect. Legislation approved by the Senate General Laws Committee would establish the Active Shooter and Intruder Response Training for Schools Program, sponsored by Sen. Brown. Senate Bill 75 would require each school district and charter school, by July 2014, to annually train teachers and school employees on how to respond to students with information about threatening situations and how to address a potentially dangerous or armed intruder or active shooter in or on school property. In addition, each education institution noted in the bill would be required to teach the Eddie Eagle Gunsafe Program, or a substantially similar program, to first-grade students each year. The program is designed to promote the safety and protection of children while emphasizing how students should respond if they encounter a firearm; the use of firearms are prohibited in the program. Two measures were combined this week to designate the new bridge on Interstate 70 crossing the Mississippi River between downtown St. Louis and southwestern Illinois as the “Stan Musial Memorial Bridge.” Senate Bill 176, sponsored by Sen. Eric Schmitt, R-Glendale, and Senate Bill 192, sponsored by Sen. John Lamping, R-Ladue, would require the department of transportation to erect and maintain appropriate signs designating the Missouri portion of the bridge; the costs for the signs would be paid for by private donation. This act is contingent upon the state of Illinois designating its portion of the bridge after this Missouri hero. Bills Under Consideration in Senate Committees Scheduled in the Senate Financial and Governmental Organizations and Elections Committee earlier this week, Senate Bill 53 would prohibit entities that invest in Iran’s energy sector from making more than $1 million contracts with state and political subdivisions in Missouri. The “Iran Energy Divestment Act,” sponsored by Sen. Lamping, would require entities that want to establish public contracts to certify they are not investors in the energy sector in Iran. Those that falsely certify their status would be subject to pay a $250,000 penalty, have their contracts terminated, and be ineligible to bid on and enter into public contracts for three years. Another bill considered by members of this committee was Senate Bill 54, also sponsored by Sen. Lamping. This measure would remove the primary election for the office of lieutenant governor, and instead, require the governor and lieutenant governor candidates be elected jointly. Once a candidate for governor wins his or her primary or is qualified to be a candidate for governor at the general election, the candidate would choose a running mate for lieutenant governor. Passage of Senate Bill 54 is contingent upon voter approval of Senate Joint Resolution 4, which would amend the Missouri Constitution to require the joint election of these two high-ranking executive officials. Senate Bill 129, also heard in the Senate Financial and Governmental Organizations and Elections Committee, would establish the Volunteer Health Services Act. This bill would allow licensed health care professionals to provide volunteer services for a sponsoring organization. Sponsored by Sen. David Sater, R-Cassville, Senate Bill 129 would require the sponsoring organization to register with the Department of Health and Senior Services and pay a $50 fee before a health care professional can provide volunteer services. Health care providers volunteering their service would not be liable for civil damages (unless there was gross deviation from the ordinary standard of care or willful misconduct); cannot receive any form of direct or indirect compensation, benefits or consideration for their services; and must perform acts within their scope of professional licensure and in compliance with all applicable health care regulations. In the Small Business, Insurance and Industry Committee, panel members considered Senate Bill 30, sponsored by Sen. Brown. This act would repeal all of the prevailing wage laws in Missouri. The state’s current prevailing wage law establishes a minimum wage rate that must be paid to workers on public works construction projects in the Show-Me State, such as bridges, roads, and government buildings. This wage, which differs by county and for different types of work, applies to all public works projects constructed by or on behalf of state and local public bodies. The Senate’s Daily Audio/Video Clips for Feb. 12 showcase Sen. Brown and Sen. Shalonn “Kiki” Curls, D-Kansas City, during the hearing on SB 30 in the Senate Small Business, Insurance and Industry Committee. Members of this committee also heard testimony on Senate Bill 134, sponsored by Sen. Sater. His legislation would bar employers from requiring their employees to join or prohibit them from joining a labor organization or pay dues or other charges required of labor organization members as a condition of employment. The bill would require prosecuting attorneys and the Missouri Attorney General to investigate complaints; employers who break the law would commit a Class C misdemeanor. A similar bill, Senate Bill 76, sponsored by Sen. Brown, was also heard by lawmakers on the Small Business, Insurance and Industry Committee. Senate Bill 140, sponsored by Sen. Brown, was considered in the Senate Commerce, Consumer Protect, Energy and the Environment Committee. This measure would require a method used by the U.S. Environmental Protection Agency or an equivalent method to measure E. coli at Missouri state parks’ swim beaches. Signs stating “Swimming is Not Recommended” would be placed at beaches that exceed the standard measurement of E. coli. Those beaches that exceed the statistical threshold value, or STV, standard would be retested twice; exceeding STV standards on retested beaches would result in the posting of same signs stating that it is not recommended to swim at the beach. The bill also indicates that the state reserves the right to close a beach in the event of a documented health risk. The Senate General Laws Committee heard testimony on Senate Bill 164, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors. Her legislation would protect employees from being required to disclose personal user names or passwords to any website or Web-based account, except for those relating to the employers’ computer systems. The Senate’s Daily Audio/Video Clips for Feb. 13 include Sen. Walsh testifying on SB 164 in the Senate General Laws Committee. Sen. Maria Chappelle-Nadal, D-University City, is sponsoring legislation this session that would encourage individuals to be more involved with their family member in long-term care facilities. Senate Bill 199, heard this week in the Senate Seniors, Families and Pensions Committee, would require the Department of Health and Senior Services to strongly encourage all long-term care facilities in this state to institute policies that will encourage families to be more involved in the well-being and support of their family members in long-term care facilities. Also considered in this same committee was Senate Bill 208, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City. Her legislation would raise the age limit for when a Missouri youth may re-enter into foster care. Currently, if an individual under the age of 18 is released from the custody of the Children’s Division within the Department of Social Services, the juvenile officer, the division or the young individual may petition the court to return to the division’s custody if it appears it would be in the best interest of the youth. Sen. Justus’ act would raise the age limit from 18 to 21. The Senate’s Daily Audio/Video Clips for Feb. 12 feature Sen. Justus and Sen. Doug Libla, R-Poplar Bluff, during the Senate Seniors, Families and Pensions Committee hearing on SB 208. In the Senate Transportation and Infrastructure Committee, senators heard testimony on Senate Bill 62, sponsored by Sen. Keaveny. Identical to legislation filed over the last three years, the measure would increase the fine for a seat belt violation from $10 to $50. Missouri law requires all drivers and front-seat passengers to wear seat belts; all passengers must wear a seat belt if the driver holds an intermediate driver’s license. The Senate’s Daily Audio/Video Clips for Feb. 13 include Sen. Keaveny testifying in support of SB 62 before the Senate Transportation and Infrastructure Committee. Senate Joint Resolution 2, sponsored by Sen. Brad Lager, R-Savannah, would amend the Missouri Constitution to limit general revenue appropriations and mandate state income tax rate reductions in certain situations. If approved by voters, state GR appropriations would be limited to the amount of appropriations made in the previous fiscal year increased by an inflationary growth factor. If the net GR collections exceed the total state GR appropriations by more than 1 percent of the total GR appropriations, this excess would be transferred to the newly created cash operating reserve fund used to reduce all state income tax rates. The hearing on this joint resolution was conducted in the Senate Ways and Means Committee. Senators File More Legislation With just a few weeks until the deadline to file legislation in the upper chamber, senators continue to file numerous measures. Senate Concurrent Resolution 7, sponsored by Sen. David Pearce, R-Warrensburg, urges Congress to support greater domestic development of North American sources of oil. The resolution also requests Congress to support increased delivery of oil from Canada to the United States and asks the U.S. Secretary of State to approve the Keystone XL pipeline project, which would run from the Canadian border to connect to an existing pipeline in Steele City, Neb. A portion of the pipeline would run from Steele City through Missouri and end in Patoka, Ill. Senate Bill 301, sponsored by Sen. McKenna, would modify the law relating to prevailing wage by requiring the wage rate that is most commonly paid in the county where the work is performed to determine the rate of each occupational title. Currently, prevailing wage is determined by using wages from two or more counties that are adjacent to the county where the work is performed. However, Senate Bill 301 states that if no work has been performed, the prevailing wage rate would be determined by the most commonly paid rate for that title within all Missouri counties adjacent to the county where the work is performed; if no work has been conducted in those counties, the rate would be established by the collective bargaining agreement covering that county and the work that falls within that occupational title. Pharmacists would be allowed to dispense emergency medication without prior authorization from the prescribing doctor, according to Senate Bill 302, sponsored by Sen. Jay Wasson, R-Nixa. His legislation would, under certain situations, allow pharmacists to dispense emergency medication to customers as long as the pharmacist promptly notifies the citizen’s doctor after dispensing the emergency medication. Other measures filed this week include:
Lawmakers have until Feb. 28 to introduce measures in the upper chamber for the 2013 legislative session. The Missouri Senate will convene on Washington’s Birthday, Feb. 18, at 4:00 p.m. The First Regular Session of the 97th General Assembly runs until May 17. To follow these and other issues before the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation considered by the General Assembly during the 2013 session, learn more about their legislative district, and listen to streaming audio of legislative debate as it happens on the Senate floor. For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:
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