The 2013 regular session concluded more than two months ago; the product of that assembly was a collection of more than 160 bills that were sent to the governor for his approval. Moving a bill from the drafting desk to the executive desk isn’t an easy task and is not taken lightly by officials. The policy we pass at the Capitol affects more than six million people in the Show-Me State, including our own families and friends. The governor’s deadline to sign or veto legislation was July 14. If he took no action on a bill, that legislation automatically becomes law on its effective date. Allow me to highlight some of the bills we passed this year that will benefit you and your loved ones.
Reforming Missouri’s Workers’ Compensation Laws
On July 10, the governor signed my sponsored SB 1 to address our crumbling Second Injury Fund and occupational diseases within the workers’ compensation system. This industry affects nearly all Missourians and has a direct effect on our state’s economy. Many people throughout the state rallied for this bill to become law to mend a problematic system affecting injured workers and employers.
One of the biggest topics of concern was the Second Injury Fund, which is funded by a surcharge paid by employers and compensates injured employees when a current work-related injury combines with a prior disability to create an increased combined disability. The surcharge rate was capped in 2005, but due to a grim recession, not enough capital was generated to sustain the fund and it snowballed into insolvency.
Senate Bill 1 will revitalize the Second Injury Fund by creating a funding mechanism — a supplemental surcharge not to exceed 3 percent of net premiums from 2014 to 2021 — to strengthen the fund. Missourians who received a claim from the fund will receive their settlements first, and liabilities will be addressed in the order in which they were adjudicated.
The legislation also grants Missourians who work in sheltered workshops — private, not-for-profit corporations that hire people with disabilities — access to the Second Injury Fund if they sustain certain injuries, and states that occupational diseases are exclusively covered under workers’ compensation laws. The bill will take effect Jan. 1, 2014.
Protecting the Health of Missouri Students with Diabetes
As parents, we need the peace of mind knowing our kids are safe while at school. It’s not easy letting your young ones leave your side, and it’s a comfort to know that your child’s school has a plan of action, should a health crisis occur. This session, we addressed children with diabetes, a disease that affects an estimated 215,000 children in the United States. This disease must be managed 24/7, including while kids are at school or participating in extracurricular activities.
The governor signed HB 675, which contains a provision I authored regarding the care of students with diabetes. By Jan. 15, 2014, the Department of Elementary and Secondary Education is required to develop guidelines to train employees of public and charter schools in the care needed for students with diabetes. The adoption of the guidelines by a school district is optional. Basic diabetes care that staff members can learn includes administering insulin and glucagon, a life-saving injection that is needed when a child is suffering from dangerously low blood glucose levels. The parent or guardian of a student who seeks diabetes care while at school needs to submit a diabetes medical management plan to the school.
Our school nurses do a great job in tending to our children, but they can’t be everywhere at once, and if a student is dealing with health issues relating to diabetes and needs immediate assistance, it’s helpful — and possibly even critical — that a school staff member step in and provide aid to that child.
The American Diabetes Association provided the following statement on its website from the St. Louis Advocacy Chair Mary Lawrence regarding the signing of the bill, “The American Diabetes Association appreciates the dedication and persistence of Rep. Jeff Grisamore and Sen. Scott Rupp in passing House Bill 675. With Gov. Nixon’s signature, from this day forward, no child in Missouri will lack the support and care they need to manage their diabetes and stay safe at school.”
House Bill 675 also contains provisions about physical fitness for Missouri students and the D.A.R.E. program, and will take effect on Aug. 28.
Modernizing Motor Vehicle Insurance Policies
As devices such as smartphones and iPads continue to play a key role in how we provide and share information, we need to update our state laws to stay tuned in with today’s technology. The governor signed HB 322, which allows a person’s insurance identification card that contains proof of insurance information for a motor vehicle to be produced in an electronic format, as well as on paper. Allowing insurance information to be displayed electronically is convenient for citizens and officers alike, and will allow procedures to be conducted in an easier manner. The legislation is slated to become law on Aug. 28.
Other measures to receive positive marks from the governor’s pen include the following measures I sponsored and handled throughout this year’s regular session (all of which to take effect on Aug. 28):
- Senate Bill 59 modifies provisions relating to the regulation of the Missouri Property and Casualty Insurance Association and the Missouri Life and Health Insurance Guaranty Association.
- Senate Bill 287 addresses Missouri’s captive insurance law. A captive insurance company allows a company or group to manage some of their own risks as part of an overall risk management strategy, and can provide for better control of risk management and opportunities to reduce costs. This legislation helps businesses lower their insurance costs. Establishing sponsored captive insurance companies in Missouri creates a new business market, stimulating competition and economic growth for our state.
- House Bill 133 changes the laws regarding the accreditation requirements for reinsurance companies and specifies when an insurance company can take credit or reduce liability due to reinsurance. This bill is necessary in order for Missouri to comply with the federal Nonadmitted and Reinsurance Reform Act of 2010 that took effect July 21, 2011.
The majority of bills approved by the governor will take effect on Aug. 28. Although the governor lent his signature to several bills this year, he vetoed a surprisingly large of measures, as well. These vetoes have the chance to be overruled during the Legislature’s annual veto session on Sept. 11. Only the primary sponsor of a measure can make the motion to override a governor’s veto, and a bill needs a two-thirds majority vote from both the House and Senate in order to constitute a veto override.
Thank you for reading this legislative column and staying informed about your state government. We could never work toward a better future for our state without your help, support, and input. If I can be of any assistance to you, please don’t hesitate to ask. Although it is the interim, my Capitol office remains open throughout the year. Thank you and God bless.
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