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On the Floor
Contrary to expectations, progress in the Missouri Senate has slowed during the weeks of this legislative session to the point that the body attends to only one bill per week. And this week was no different. On Monday, the Senate began to deliberate on Senate Bill 43. With the minority party and a few senators from the majority party in opposition to SB 43, a filibuster began. The bill was laid over and picked back up on Tuesday, Feb. 28. The opposition, which included Democrats and Republicans, fought a long hard battle to amend this bill, filibustering into the early hours of Wednesday morning. A compromise was reached around 3 a.m., debate ended and the Senate passed SB 43 — with amendments proposed by the opposition — by a vote of 23-10.
Following 12 hours of debate, the Senate, on March 1, gave first-round approval to legislation that will make it harder for victims of illegal workplace discrimination to successfully sue their employers. A second vote is required to send the measure, Senate Bill 43, to the House of Representatives.
The bill would modify the Missouri Human Rights Act to raise the bar for victims to prove they were disciplined, fired or otherwise punished for an unlawful discriminatory reason. A compromise that was struck to end a Democratic filibuster somewhat scaled back the new hurdles called for by SB 43, but suing for discrimination would remain significantly more difficult under the revised bill than under existing law.
The Missouri Human Rights Act prohibits discrimination based on race, gender, religion, ancestry, national origin or disability. The Senate voted 20-10 to reject an amendment to SB 43 adding sexual orientation and identity to the list of protected classes. Two members of the majority party joined those of the minority party in supporting the amendment, while all of the opposition came from the majority party.
Bills and Committee
Senate Bill 287 – On Monday, Feb. 27, the Committee on Judiciary and Civil and Criminal Jurisprudence heard SB 287. This bill would help reduce the presence of biased policing.
Senate Bill 289 – On Tuesday, Feb. 28, the Committee on Small Business and Industry heard SB 289. This bill would strengthen efforts to protect victims of domestic violence by allowing them to terminate their lease or change their locks.
Senate Bill 52 – On Wednesday, March 1, House of Representatives held a public hearing for HB 52. This bill would strengthen colleges’ and universities’ commitments to suicide prevention.
Senate Bill 180 – On Thursday, March 2, the Committee on Transportation, Infrastructure, and Public Safety passed SB 180 by a vote of 6-0. This bill would limit the use of physical restraints on pregnant or postpartum offenders while they are incarcerated. Senate Bill 180 would also require the Department of Corrections to establish policies and procedures for the transportation, evaluation and treatment of pregnant and postpartum offenders. Last session, this bill passed through committee and was stuck on the calendar, never being presented on the floor. This session, Sen. Nasheed is working with the same coalition of advocates and is determined to pass this much-needed bill.
Senate Bill 496 – On Tuesday, Feb. 28, Sen. Nasheed introduced SB 496 on the floor. This bill would establish procedures for creating and monitoring certificates of good moral behavior and exemplary character that will be issued to certain criminal offenders.
or regulate medical transportation.
Senate Bill 497 – On Tuesday, Feb. 28, SB 497 was read on the floor. SB 497 would require courts to prohibit a defendant from pleading guilty until the consequences of pleading guilty are explained to them by the court.
Senate Bill 498 – On Tuesday, Feb. 28, Sen. Nasheed introduced SB 498 on the floor. On March 2, SB 498 was referred to the Committee on Transportation, Infrastructure and Public Safety. This bill would allow students who are picked up by St. Louis law enforcement officers or safety officers for being absent from school to be taken to nonprofit organizations.
Senate Bill 507 – On Tuesday, Feb. 28, SB 507 was brought in front of the body. This bill would remove a requirement for the sheriff of the City of St. Louis to get the approval of a majority of circuit judges before being able to appoint deputies and assistants.
Senate Bill 508 – On Tuesday, Feb. 28, Sen. Nasheed introduced SB 508 on the floor. This bill would prohibit the Regional Taxicab Commission from having the authority to license, supervise,
Appropriations
This week, the Appropriations Committee heard testimony concerning higher and secondary education, including recommendations from the governor concerning funding cuts. During the review of the governor’s recommendations, the Committee discussed Senator Nasheed and others’ request for funding of Harris Stowe State University. For that particular line, the governor recommended $0. Although this is disheartening, Sen. Nasheed will continue this fight to prioritize funding for higher education.
Other News
Supreme Court Upholds St. Louis Minimum Wage Ordinance
On Feb. 28, The Missouri Supreme Court unanimously reinstated a 2015 St. Louis City ordinance that will ultimately boost the citywide minimum wage to $11 an hour. The high court ruled that, contrary to a lower court’s ruling, the city’s ordinance isn’t pre-empted by state law.
The St. Louis ordinance called for increasing the local minimum wage in phases. The first increase, setting the wage at $8.25 an hour, was set to take effect on Oct. 15, 2015. However, a day before that was to happen, a city circuit judge ruled state law prohibited local minimum wages that are higher than the state minimum wage, which currently stands at $7.70 an hour.
In its ruling, the Supreme Court said that a 1998 state law prohibiting higher local minimum wages was unconstitutionally enacted. Moreover, the court said a 2015 law attempting to do the same didn’t apply to the St. Louis ordinance because the law contained a grandfather clause specifically allowing local wage laws that had already been enacted to remain in effect.
Because the ordinance has been on hold for more than a year, two subsequent scheduled increases beyond the initial planned hike didn’t happen. The latest, which should have kicked in on Jan. 1 of this year, sets the city’s minimum wage at $10 an hour.
Following the court’s ruling, it wasn’t immediately clear when the city’s wage ordinance will be enforced and whether it will immediately be set at $10 an hour. Under the ordinance, there will be one final hike on Jan. 1, 2018, which will take the citywide minimum wage to $11 an hour.
Appellate Commission Picks Supreme Court Finalists
Two lower-court judges and a St. Louis attorney are the finalists to fill the state Supreme Court vacancy created by the Nov. 29 death of Judge Richard Teitelman. The constitutionally independent Missouri Appellate Judicial Commission selected the three finalists on March 1 from among 31 applicants following two days of interviews.
Among those making the cut is Missouri Court of Appeals Western District Judge Lisa White Hardwick who, if appointed, would be the first African-American woman on the state Supreme Court and also give the court a female majority for the first time. Twice has Judge Hardwick been appointed to the bench by Democratic governors, with Gov. Mel Carnahan picking her for a Jackson County Circuit judgeship in 2000 and Gov. Bob Holden elevating her to the Court of Appeals in 2001.
The other finalists are Jackson County Circuit W. Brent Powell, a 2008 appointee of Republican Gov. Matt Blunt, and Benjamin Lipman, an attorney with the St. Louis law firm Lewis Rice.
The governor, a Republican, has until April 23 to pick one of the finalists, or forfeit the selection to the commission. During his campaign for office, the governor advocated for doing away with the Missouri Nonpartisan Court Plan, under which the governor plays a limited role in judicial selection, in favor of allowing governors to appoint whomever they want.
In 2012, the Republican-controlled General Assembly put a proposed constitutional amendment on the statewide ballot that would give the governor significantly more influence over judicial selection, but voters crushed it with 76 percent opposed.