Legislative Column for the Week of March 20, 2015

Legislative Column for the
Week of March 20, 2015

Update from the Senate Side

Dear Friends and Neighbors,

Some might say the world is shrinking. Our instantaneous communications, our varying modes of faster and more feasible transportation, and our desire to pursue ingenuity and share products across the country and around the world are providing more opportunities for building worldwide relationships and broadening cultural and economic opportunities. 

So, when the Governor’s office invited me to participate in the Trade Mission to Europe over the legislative spring break, you can imagine my delight and excitement! 

We will be travelling to Milan, Munich and Madrid and have an agenda packed with meetings with some dignitaries and a lot of business owners and executives...mostly manufacturing companies. In addition to the Governor and First Lady, elected officials include President Pro Tem of the Senate Tom Dempsey, Speaker of the House John Diehl, and House Minority Whip John J. Rizzo. There should be plenty to report when we return...you’ll see it reported in my essay, “What I did during my spring break vacation…!”

In service,
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Senator Jill Schupp

SB 239: Medical Malpractice

This past week, the Senate took on the issue of placing limits on damages injured parties can receive in cases of medical malpractice.  SB 239establishes a cap for noneconomic damages, essentially, pain and suffering.  Currently, if a lawsuit is successful, meaning that a health care provider has been found to have harmed a patient by committing medical negligence, the jury has the authority to award non economic damages (above and beyond the payment for doctors’ bills and other quantifiable costs) to the injured party.  These non economic damages include compensation for things such as pain and suffering, physical impairment, disfigurement, and mental anguish.  Under SB 239, the compensation for such damages would be limited to $400,000 in personal injury cases and $700,000 for catastrophic injury and wrongful death cases. 

The General Assembly has attempted to establish similar caps in the past.  However, in 2012, the Missouri Supreme Court ruled these caps unconstitutional and in violation of the right to trial by jury.  My sentiments lie with the court. Consider the case of Regina Turner of St. Ann, who, in April of 2013 had the wrong side of her brain operated on at the age of 53.  Imagine the impact on her life forever.   

Should a pre-determined cap be in place limiting her pain and suffering compensation (in this case, $700,000) or should a jury be allowed to make its decision based on the facts of the case and the harm they perceive it has done to a woman whose life is forever changed?  Despite my concerns, the bill is moving forward through the process. 

Updates on My Legislation

SB 446: Purple Heart License Plates

With many thanks to Senator Libla for hearing my bill and scheduling a special additional committee meeting to vote on it, the legislation seeking to recognize and honor our Purple Heart Veterans is moving forward in the Senate.  SB 446 removes fees associated with specialized license plates for Purple Heart Veterans, giving them parity with the license plates for Disabled Veterans.

The legislation passed unanimously and has been placed on the Senate Consent Calendar. I am hopeful it will make its way to the Senate floor soon, and then move to the House.   Again, I appreciate the support of Senator Dan Brown who has co-sponsored the legislation with me, and of Representative Charlie Davis who has filed a companion bill in the House, HB 1004. 

SB 328: Youth Suicide Prevention

We are still hopeful that the youth suicide prevention bill, Senate Bill 328, will be reported out of committee, where it passed unanimously, and will move to the Senate floor. The more I hear about the numbers of suicides in Missouri, and recent information that provides hope that those contemplating suicide can be stopped and helped, the more I want to see us tackle this issue now. As a legislature, we have an opportunity to put into place legislation that will help save lives. We should not delay. 

My House colleague, Representative Jeanie Lauer, filed the companion bill HB 1293 in her chamber, so that we have an opportunity for this important legislation to move forward from either chamber. Count on me keeping you posted. 

Other Schupp-Sponsored Bills

This link will take you to the Senate website where you can view all the legislation I am sponsoring this session. 

Announcements

MoDot Pothole Reports

Spring is just about here! Budding trees and emerging blooms on our bulbs are a sight to behold! The warmer weather after our cold winter is already bringing on those nasty potholes in the roads. If you see (or run into) one, please report it to MoDot for repairs (to the road, not to your car!) Stay safe and alert! 

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