Focusing on Tort Reform
This week proved to be very busy in the Senate. This included fighting off the first filibuster of the session.
Fairness in Assessing Lawsuit Damages
On Tuesday evening, Senate members spent more than 13 hours debating a bill that will restore fairness to personal injury litigation and will help reduce the cost of insurance for businesses. Perfected by the Senate around 6 a.m. Wednesday morning, Senate Bill 847 establishes that the appropriate recovery for medical expenses is the amount that was actually paid for those medical expenses rather than “value.”
In 2005, the Missouri General Assembly passed a comprehensive tort reform bill. One provision sought to fairly compensate injured parties for their medical bills. The intent of the 2005 tort reform bill was to recover the actual cost, not the “value,” which tends to be an arbitrary amount on a hospital bill that nobody actually pays. Since then, the courts have misinterpreted that provision and the definition of “value.” Senate Bill 847 further clarifies the law passed in 2005 and returns the statute to its intended purpose by adding the definition of “actual cost.”
Suspending Clean Power Plan Preparations
Two weeks ago in a positive step forward, the U.S. Supreme Court granted a stay in a case that could ultimately end up halting the Environmental Protection Agency’s (EPA) aggressive, job-destroying plan to limit carbon emissions. This is huge win for Missouri because the standards would have cost consumers billions and resulted in job losses. Over 80% of Missouri’s energy comes from coal.
The EPA’s new rule includes guidelines for states to follow including cutting carbon emissions from power plants by 30 percent by 2030. The agency’s strict timelines and milestones in the Clean Power Plan would cost billions to implement; estimates are at close to $6 billion through 2030. Costs would be passed onto consumers and businesses, would take money out of the economy, and would stall spending, innovation, investment, and job growth.
Missouri is already a clean coal state. As legislators, we are the ones who should determine the right balance for Missourians. We can find cleaner options and lower emissions without raising prices drastically. We can minimize the financial impact on our hard-working families and keep jobs in our state.
Budget leaders in the Senate and House have already announced their commitment to put language in the appropriations bills to prevent funding of the EPA Clean Power Plan. Other senators are looking at ways we can further prohibit the expensive implementation of the federal emissions rule. One option is Senate Bill 858. The measure would halt all implementation of the Clean Power Plan until the stay is lifted. Missouri would then ask for a two-year extension before we would have to comply with the emission rules.
We have a commitment to Missourians to minimize the financial impact on our hard-working families and keep jobs in our state. We intend to focus on policies that stimulate economic growth and create more private sector jobs.
While the U.S. Supreme Court sided with us in this battle, the war is not over. After the unexpected and unfortunate passing of Supreme Court Justice Antonin Scalia over the weekend, this issue could result in a 4-4 decision. When the Supreme Court meets again, they will meet without the conservative opinion and mind of Justice Scalia.
I want to take this time to remember Justice Scalia, who was not only a brilliant man, but also one of the greatest legal minds of our time. He wrote many eloquent legal opinions, and many were widely quoted. His colleagues describe him as a man of integrity and wit, and one of the most important figures of the history of the Supreme Court who deeply influenced our legal culture.
This week, Senate Pro Tem Ron Richard, R-Joplin, offered a resolution recognizing this Justice whose passing is of an immense loss to our country. I have faith in the U.S. Senate that they will make the best decision for our country when faced with confirmation of the next appointment to replace the Honorable Justice Scalia.
As always, thanks for your interest in our work at the Capitol. I hope you and your families enjoy the beautiful weekend.
Very Sincerely,
Capitol Visitors – Despite the extremely busy week, I had the pleasure of meeting with so many wonderful constituents, all pictured below.
Contacting Sen. Onder
Throughout this session, I will do my best to keep you informed of our work here in the Capitol. I encourage you to contact my office if you have comments, questions or concerns.
For constituent questions, scheduling and general questions, please contact my Scheduler and Director of Constituent Services Theckla Spainhower at Theckla.Spainhower@senate.mo.gov.
For questions pertaining to legislation, please contact my Chief of Staff and Legislative Director Jennae Neustadt at Jennae.Neustadt@senate.mo.gov.
You can reach my Capitol office at (573) 751-1282. You can also e-mail me personally at Bob.Onder@senate.mo.gov.
I would like to encourage you to sign up for my weekly capitol reports so we can inform you of our work each week. Please email Theckla Spainhower at Theckla.Spainhower@senate.mo.gov to be added to our mailing list.
Thank you again for your support. I look forward to serving you.
Very Sincerely,
Robert F. (Bob) Onder, Jr.