Legislative Column for Feb. 27, 2020
It was an eventful week in the Missouri Legislature, one that included what I hope will be one of the longest sessions of the year. The week began routinely, with the Senate taking up legislation for perfection in the chamber. I’m happy to report that my Senate Bill 617 was brought before the body on Monday and received initial approval with little discussion.
Senate Bill 617 authorizes a dedicated fund to pay for epinephrine auto-injector devices – commonly known as “epi-pens” – for use by rural and small town first responders. The cost of these life-saving devices skyrocketed overnight a few years ago and rural fire departments and ambulance districts have struggled to afford to keep epi-pens on hand. These simple-to-use devices offer immediate relief for persons suffering from anaphylactic reactions and often mean the difference between life and death. In my opinion, it is simply not acceptable first responders wouldn’t have access to these valuable tools due to cost.
My legislation requires the Missouri Department of Health and Senior Services to supply epi-pens to fire departments, ambulance services and other emergency responders in non-metropolitan areas of the state. The bill requires training for first responders to use the devices and includes protections to shield them from liability. The bill was perfected by the Senate and then referred to the Fiscal Oversight Committee, which recommended passage. Pending one more vote in the Senate, SB 617 should soon proceed to the House of Representatives, where Rep. Karla Eslinger has agreed to shepherd the legislation to passage in that chamber.
The Senate’s swift action on SB 617 was the exception in a week that will be remembered for lengthy debate and extended sessions in the chamber. Monday’s floor action continued with legislation relating to professional licensing and another bill that dealt with controlled substances, drug trafficking and the sale of edible medical marijuana products. Debate on the second bill continued for hours and the Senate was in session well into the evening. Both bills were tabled without a vote.
If senators were hoping for a light day on Tuesday, they would be disappointed. A measure to modify procedures used in lawsuits relating to asbestos exposure was brought up at the start of the afternoon session. Opponents of the measure filibustered throughout the night, holding the floor until 10 a.m. the next morning, when the legislation was laid aside. It’s not often that one day’s legislative business begins less than an hour after the previous day’s proceedings ends, but that’s what happened this week.
The marathon session afforded legislators time to focus on another significant bill relating to court procedures. Senate Bill 591 reforms provisions of law relating to punitive damages in lawsuits. Normally, the settlements plaintiffs receive in lawsuits are meant to compensate them for a loss. Punitive damages are above and beyond what is necessary to undo a wrong that’s been done. I believe they are meant to punish and send a message. Often, when we hear of outlandishly large awards in lawsuits, it’s the punitive damages that are being discussed.
Senate Bill 591 says that punitive damages will only be allowed when clear and convincing evidence shows “the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.” The bill also limits settlements when punitive damages have already been awarded in other jurisdictions. Other provisions of SB 591 modify sections of Missouri’s unlawful merchandising law and make changes to how arbitration proceedings are conducted.
Although some senators had reservations about the punitive damages bill early on, the overnight negotiations allowed all parties to arrive at a compromise that nearly everyone can agree upon. The measure, which had previously been debated, received initial approval in the Senate with little further discussion. Everybody had to give a bit in order to reach a consensus, but we arrived at legislation that protects Missouri businesses from excessive judgements while still ensuring plaintiffs receive the compensation they deserve.
As always, I appreciate it when groups from around Missouri and from our community back home come to visit me at the Capitol. If you would like to arrange a time to come and visit me in Jefferson City, or if you ever have any questions, please don’t hesitate to contact my Capitol office at (573) 751-1882.