JEFFERSON CITY, MO - Missouri Senators this week passed a measure suspending state sales tax on certain items for a three-day period in August of this year and next. Senate Bill 11 creates a sales tax "holiday" on retail sales of clothing having a taxable value of $100 or less, school supplies under $50 per purchase, and personal computers or computer peripheral device purchases totaling less than $2,000.

"This is an economic stimulus bill that's received strong support from both parties even the governor had the sense to back it," Cauthorn said. "Quite simply, the measure is designed to boost back-to-school type shopping in non-Internet retail environments. It gives shoppers a break and the economy a boost."

The Senate adopted an amendment taxing out of state residents on Missouri gambling winnings, a move projected to offset the temporary revenue drop created by the brief sales tax suspension.

Cauthorn and his Senate colleagues this week approved Senate Bill 34, allowing parents to sue anyone enabling a minor to obtain an abortion without parental consent, an approval required by Missouri law.

"Other states, Illinois for one, don't have informed consent requirements," Cauthorn said. "This sets up a statutory disparity that draws Missouri minors across the border."

While some opposed to the measure argued during debate that passage of the law would violate individual rights to travel freely from place to place, Cauthorn and other proponents of the bill successfully argued that transporting a minor out of state for an abortion without parental consent should be subject to civil liability as it is in state.

The House now has the Senate's informed consent legislation.

Cauthorn and the full Senate this week engaged in lively and lengthy debate on a measure changing various aspects of the state's "tort" laws. Tort law relates to civil court cases in which one party alleges to have been harmed by another party.

Originally introduced to reduce medical malpractice insurance premiums by placing checks and balances in the trial venue and jury damage award processes, Senate Bill 280 soon gained a number of other liability related provisions. Thursday evening's debate went late into the evening and featured the offering of several amendments and substitutes followed by the withdrawal of many of those same alternatives.

"We can talk about this until the cows come home but the fact remains that jury awards are pushing insurance rates into the stratosphere, and rising rates are pushing doctors right out of the Show-Me State," Cauthorn said.

In its current form, the liability legislation would limit the instances in which change of venue requests are granted, cap punitive damages in actions tried before a jury, and cap non-economic (pain and suffering) damage awards. The act would also place a damage award cap on claims arising out of the provision of trauma or emergency room care and caps attorneys' contingency fees in medical malpractice actions.

A Senate measure requiring the state to utilize performance-based budgeting practices went before a House committee hearing this week. Based on legislation championed by Cauthorn, Senate Bill 299 would have budget officials develop and implement a system establishing goals and objectives; provide detailed measures of program and fund performance against attainment of planned outcomes; and provide ongoing program evaluation. The act would require every department and agency to conduct a performance-based budget review at least once every five years beginning in 2005.

The House Budget committee approved the measure sending it to the full House for debate. House passage would enable the Senate's government accountability bill to become law.

"I had a feeling that most legislators would see fit to put this bill on the legislative fast track," Cauthorn said. "Missouri's budget is ailing and this measure puts a series of checks and balances in place to ensure that future general assemblies never have to deal with a fiscal hole as large as the one we're in now."

The Senate's Aging, Families and Mental and Public Health Committee this week approved a measure modifying provisions relating to the protection of the elderly receiving in-home or nursing facility healthcare. Senate Bill 556 (combined with SB 311) expands caregiver reporting requirements, strengthens facility license suspension powers, protects those calling attention to deficiencies from retribution and elevates penalties for failure to provide safe, quality healthcare to Missouri seniors. Committee approval allows the full Senate to take up the eldercare protection act.

"Our seniors gave the best years of their lives to making Missouri a better place to live and it's imperative that we do whatever we can to ensure their safety and well being as they enjoy their golden years," Cauthorn said.

Cauthorn and Missouri's 33 other State Senators took the lead this year in rejecting a citizen-based salary commission recommendation to raise the salaries of lawmakers, statewide office holders and certain judges. This week, a Senate committee heard testimony on a resolution that would abolish the Missouri Citizen's Commission on Compensation altogether. Should it pass in the General Assembly, Senate Joint resolution 12 would go to the voters, as the measure would remove the commission from the state's constitution.

"I suppose the idea behind establishing the commission was based on good intentions," Cauthorn said. "But there are already systems in place to regulate the salaries of public officials and the addition of the commission has proven merely to muddle, not improve, the process."

Of all the legislative matters state lawmakers must address each year, the annual state budget is by the far the most challenging and time consuming. Traditionally originating in the House, the budget consists of more than a dozen appropriations bills funding the various state departments. Last year's budget came to $18.9 billion, with this year's budget, which begins July 1, expected to be roughly the same, if not slightly less. Amid projections of a $1 billion deficit, the House has begun formulating the first versions of the 2004 budget, which must then be approved by the Senate.

"What I see taking shape in the House looks good to me so far," Cauthorn said. "The general concept centers on enacting across-the-board appropriations reductions and then letting individual agencies regulate how their funding is utilized. This is a million times more rational than relying on tax increases to balance the budget like the governor's party is flogging … no, make that 19 billion times more rational…"

Missouri's constitution requires the Legislature to pass the 2004 budget by 6:00 p.m. on Friday, May 9. The General Assembly adjourns from the year's regular legislative session exactly one week later.