On Tuesday evening, Missouri lawmakers gathered in the House chamber for our new governor’s first State of the State address. During the nearly 40-minute speech, the governor outlined several key issues his administration intends to focus on in the weeks and months ahead. Two of his legislative priorities include tort reform and education reform, both of which are areas I am also passionate about and have been working to improve throughout my time in the Senate.
On Wednesday, I presented one of two tort reform measures I have filed this session to the Senate Committee on Government Reform. Similar to legislation I sponsored last year, Senate Bill 45 seeks to modify state law regarding arbitration agreements between employers and at-will employees. Arbitration is a method of resolving workplace issues and questions of employment status. Compared to traditional litigation, it is more cost-effective and generally results in a quicker resolution. Arbitration protects the confidentiality of both parties and helps alleviate overburdened court systems. It also allows for the same claims and remedies as traditional litigation; it simply occurs in a different forum.
Although the U.S. Supreme Court has repeatedly endorsed employment arbitration and stated that these agreements must be treated in the same manner as other contracts, Missouri courts have become notorious for striking down arbitration agreements. This resistance has resulted in the need to codify and reestablish the value of arbitration, and that is exactly what SB 45 will accomplish if signed into law.
I presented my last bill of the week earlier today in front of the Senate Committee on Veterans and Military Affairs. Very simply, Senate Bill 108 grants reemployment rights to Missouri employees who are members of the National Guard of another state and are called up for active state duty. Currently, under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the Army or Air National Guard are provided employment protection when they must leave their civilian job for federal National Guard service. Unfortunately, the Act does not apply when a National Guard member must be away from their job because of state service. Only by state law can National Guard members gain reemployment rights after active state duty.
At the end of the day, if a member of our military — regardless of what state they came from — ends up finding a job in Missouri as a result of their service and then is called to serve, he or she should be afforded the same rights as Missouri residents to return to their employment position. Senate Bill 108 has widespread support in the military community, including the Department of Defense. Twenty-eight states already grant reemployment rights to National Guard members after active state service, with several more currently considering similar legislation. It is my sincere hope that Missouri becomes the 29th state.
I will continue to keep you updated on the progress of these measures and my other sponsored bills as session moves forward. In the meantime, it is certainly a welcome change knowing at the start of the process that some of my top legislative priorities align with those of our new governor. I am also pleased to report that my office is looking forward to a one-on-one visit with the governor to go over the specifics of my legislation.
Finally, I want to thank everyone for doing their part during last weekend’s winter ice storm. Although conditions did not end up being as bad as predicted, I think the state and our schools and businesses acted prudently in preparing for the worst, rather than being surprised by it. Additionally, the number of traffic accidents could have been much higher if everyone had not heeded warnings to stay off the roads. Fortunately, a majority of people stayed home, allowing MoDOT to keep up with the weather and limiting the number of accidents for which emergency responders and law enforcement had to respond. Again, thank you for your cooperation, and thank you to everyone who was out working to keep our citizens safe.
Contact Me
I always appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-4008. You may write me at Gary Romine, Missouri Senate, State Capitol, Jefferson City, MO 65101; or email me at gary.romine@senate.mo.gov; or www.senate.mo.gov/romine.