Dear Friends:

In an effort to keep you informed about the activities at your state Capitol and how those activities might impact your lives, I am offering a regular electronic newsletter. I will send you information about bills making their way through the legislative process, especially bills that directly impact the lives of Kansas Citians. I welcome your feedback and encourage you to contact my office with any questions or concerns you may have.

Thank you.

Upper Chamber Gives Final Approval to Measure Addressing Second Injury Fund and Workers' Compensation Law

The Missouri Senate approved legislation this week that attempts to fix a problem that has been years in the making.  In 2005, lawmakers capped the surcharge on workers’ compensation premiums that businesses pay to finance the Second Injury Fund, which provides assistance to disabled workers who suffer another work-related injury.  The 3 percent cap approved in 2005 is partly to blame for a $25 million shortfall in the Second Injury Fund, and the state auditor warned lawmakers last month that the fund’s deficit would continue to grow unless a solution was found.

Senate Bill 1 would increase the surcharge employers pay on workers’ compensation insurance premiums from 3 percent to 4.5 percent for the rest of 2013, and it permits the Division of Workers’ Compensation to increase those fees to 6 percent each year through 2020 in an effort to replenish the fund and pay off its obligations to injured workers.  The measure seeks to limit future costs to the Second Injury Fund by restricting coverage to workers who are permanently and totally disabled.  Workers struggling with partial disabilities would be covered by workers’ compensation policies followed by businesses.

Prior to bringing his revised bill to the floor, sponsoring Sen. Scott Rupp, R-Wentzville, met with members of the Senate’s minority and majority caucuses to review his proposal and answer any questions.  Sen. Gina Walsh, D- Bellefontaine Neighbors, worked with her colleagues to ensure the legislation addressed occupational diseases caused by exposure to toxic chemicals or substances.  The 2005 law made it more difficult for employees to prove an injury was work-related, and judges responded by ruling that occupational diseases no longer qualified as “accidents.”  As a result, business leaders have expressed concerns that employers could face expensive lawsuits for work-related illnesses such as mesothelioma, caused by asbestos exposure.

During debate, my colleague, Sen. Gina Walsh, D-Bellefontaine Neighbors, said those who have worked in the construction trades all of our lives have been exposed to all kinds of dangerous substances that were commonly used before the risks were well-known.  These individuals proudly showed up for work each day, unaware that what they were doing was slowing killing them.  It is appropriate that we provide assistance to those workers, who through no fault of their own, are struggling with the health consequences of that toxic exposure.

Under SB 1, the Second Injury Fund would pay an enhanced workers’ compensation benefit to workers who suffer from occupational diseases resulting from exposure to toxins.  The measure singles out workers suffering from mesothelioma, an asbestos-related cancer, by providing an enhanced benefit of nearly $600,000. 

My legislative colleague, Sen. Scott Sifton, D-Affton, says the higher award for mesothelioma is appropriate given the seriousness of the disease.  He calls this disease a “death sentence.”  It is 100 percent fatal and it has one known cause; its nature and magnitude is so extraordinary that typical workers’ compensation remedies are simply insufficient to compensate the victim and his or her family adequately.

The Second Injury Fund was created 70 years ago to cover returning World War II veterans who had been injured or disabled during their military service when they then suffered a second work-related injury or illness. 

SB 1 was third read and finally passed by the Senate Thursday before members adjourned for the week and now moves to the House for consideration.

Senators also sent the House a bill that both expands and constricts the state’s open meetings and records law, known as the Sunshine Law.  Senate Bill 139 requires governmental bodies to provide 48-hour notice before meetings instead of the current 24-hour notice.  It also reinstates two exemptions to the Sunshine Law, one covering policies developed by law enforcement and public health and safety agencies to deal with terrorism, and the other covering security systems and blueprints for buildings owned or leased by the government.  SB 139 reduces fines for violating the Sunshine Law while lowering the bar for when those fines could be assessed.     

The Senate also gave final approval this week to legislation sponsored by Sen. Joe Keaveny, D-St. Louis, which modifies Missouri’s public pension plans to ensure their long-term sustainability and security.  Senate Bill 86 clarifies several provisions of a pension reform package approved by lawmakers in 2007.  The legislation continues Missouri’s commitment to sound fiscal principles in sustaining retirement security for our teachers, public safety personnel and all public employees.

Missouri currently has 128 public pension plans covering more than 500,000 participants, many of whom do not participate in Social Security and rely on their pensions as their primary source of retirement income.

Status of Sen. Curls' Sponsored Legislation

The following are measures I have filed this session (notes last legislative action):

• Senate Bill 151 - Changes the notice requirement to a tenant in a foreclosure action from 10 to 90 days (assigned to the Senate Judiciary and Civil and Criminal Jurisprudence Committee)
• Senate Bill 152 - Allows judges to suspend the imposition of an adult criminal sentence for juvenile offenders (assigned to the Senate Judiciary and Civil and Criminal Jurisprudence Committee)
• Senate Bill 153 - Requires a non-custodial parent to pay child support until the child reaches 22 instead of 21 years of age (assigned to the Senate Seniors, Families and Pensions Committee)
• Senate Bill 223 - Modifies provisions of the Public School Retirement System of Kansas City (assigned to the Senate Seniors, Families and Pensions Committee)
• Senate Bill 224 - Increases the maximum salaries that may be paid to the members of the Kansas City Policy Department and provides that actions taken against the police chief are subject to review (assigned to the Senate Progress and Development Committee)
• Senate Bill 225 - Modifies laws regarding educational parental support for higher education (assigned to the Senate Judicial and Civil and Criminal Jurisprudence Committee)
• Senate Bill 262 - Prohibits heath carriers from denying coverage for a health care service on the basis that the service was provided through telemedicine if the same service would be covered when delivered in person (introduced in the Senate)
• Senate Bill 263 - Creates the crimes of assault of an employee of a mass transit system while in the scope of his or her duties in the first, second and their degree (introduced in the Senate)
• Senate Joint Resolution 11 - Increases the amount of time for repaying the Budget Reserve Fund when monies from this fund are appropriated due to a disaster or the governor's reduction of the state's expenditures (assigned to Senate Ways and Means Committee)

To read more about my legislative actions in the Missouri Senate, visit my Senate website at www.senate.mo.gov/curls and click on the various informative links, which include my news releases, under my Media tab.