Legislative Column for March 19, 2015

Mid-Session Review


  

MSTA visiting Capitol – Kelsey Fish, Megan Richner, Katie Cohen, Walter Wingate, Gail Skalicy, Tisha Clawson, Jeff Stacy, Vicki Wingate, Chuck Martin, Lisa Funk, and Sen. Parson.

Bolivar Leadership Class – Tiffany Long, Scott Burton, Mindy Mitchell, Sen. Parson, Haley Magnuson, and Deanna Counts.

Before the 2015 session even began, I and other lawmakers vowed to again take up the omnibus agricultural bill that was approved last year. The bill was ultimately struck down by the governor because of controversial language involving captive deer. The proposals within that bill were critical to safeguarding the future of Missouri’s agricultural industry, making it one of our highest priorities this year.

By the final week of January, the Senate had approved Senate Bill 12, which contains numerous sections to encourage future generations to move into farming; protect and help existing farms expand; and establish the Dairy Revitalization Act, a component similar to legislation I also sponsored this year. I was heartened to see my colleagues move quickly to approve a bill vital to securing the viability and success of farming in Missouri.  

Last year, the General Assembly also took advantage of our state’s AAA credit rating to approve the issuance of low-interest, marketable bonds for the repair of crumbling state infrastructure. This year, I sponsored Senate Concurrent Resolutions 8 and 9, which lays out the projects the $400 million in bonds will go towards. We have to invest in our state and ensure that government and public buildings are safe.  

We also approved a handful of bills that adds fairness to how the Department of Revenue determines tax liability for businesses and how it goes about collecting. Senate Bill 18 requires the Missouri Department of Revenue to notify sellers if there is a change in sales tax law interpretation. If the department fails to notify a seller of the change, they would not be liable for the additional taxes until they are notified. This prevents DOR from secretly changing the rules, and then demanding back pay, all without even speaking with the business owner.  

Senate Bill 15 would establish the Study Commission on State Tax Policy to review Missouri’s tax system. Both measures are aimed at ensuring the department that oversees the enforcement of tax law is doing so in a fair manner that isn’t harming our state’s ability to grow economically by rigging the system against honest business owners.  

The Senate also approved tort reform legislation, a long-time goal of the Legislature. Most states in the country already have limits on noneconomic damages in medical malpractice cases, and for years, Missouri did as well. Previously, the cap was set at $579,000. In 2005, the Legislature lowered that to $350,000 in an effort to control the huge numbers of frivolous lawsuits moving through our courts, especially for medical malpractice. These cases were driving up health care costs and causing doctors to flee the state.   

The legislation worked. Lawsuits dropped substantially, victims received fair compensation, and businesses were protected from excessive jury awards. Then, around two years ago, the Missouri Supreme Court ruled those caps were unconstitutional. We’ve now returned to the pre-cap days, with health professionals, eyeing the door for neighboring states with fair legal systems. 

Senate Bill 339 would reinstate caps on noneconomic damages in medical malpractice cases. Caps are $400,000 for personal injury, and no more than $700,000 for a catastrophic personal injury. Right now, doctors are required to carry $500,000 in medical malpractice insurance. By lowering the cap for personal injury to $400,000, we can ensure physicians are adequately covered. The legislation has already been sent to the House through bipartisan approval.  

These are only a handful of the major issues we’ve dealt with so far. We’re also looking at ways to make our welfare programs more sustainable and create paths for people to move out of poverty, create incentives to bring new companies to Missouri and reform aspects of our judicial and criminal system. In addition, we also have to approve the $26.1 billion budget before May 8. The rest of session promises to be busy. I will keep you updated throughout the latter part as events unfold.  

I want to thank everyone for all the comments and encouragement in the past week.  As always, if you have any questions or concerns, feel free to contact my office.

   

‘Nothing is Politically Right Which is Morally Wrong’