Capitol Briefing

Week of Feb. 28, 2011

Senate Focuses on Measures Regarding Unemployment Discrimination and Compensation

March 1 Marked the Last Day for Senators to
Introduce Legislation

JEFFERSON CITY— Senators kicked off the third month of the 2011 legislative session with debate on measures pertaining to unemployment compensation, the Missouri Human Rights Act and employment discrimination, and making school districts and other entities in the state more efficient.

When lawmakers returned to the Senate chamber for session on Monday (2-28), they took up several measures for first-round consideration.  Senate Bill 180, sponsored by Sen. Will Kraus, R-Lee’s Summit, would designate the month of October in Missouri as “Walk & Bike to School Month.”  In addition, the bill would make the first Wednesday of October “Walk and Bike to School Day,” the month of May “Missouri Bicycle Month,” the third Friday in May “Bike to Work Day,” and the week of “Bike to Work Day” “Bike to Work Week.” 

Senate Bill 38, sponsored by Sen. Robin Wright-Jones, D-St. Louis, would establish a prostate cancer pilot program to provide screening, referral services, treatment, outreach and education activities.  The program would be open to certain uninsured and economically challenged men who are at high risk for prostate cancer. 

Senator Bill Stouffer, R-Napton, is sponsoring Senate Bill 77.  The legislation would expand the type of directional signs that may be erected and maintained within highway right-of-ways.  Currently, no outdoor advertising, with the exception of directional signs, on-premise signs, and outdoor advertising signs located in areas zone commercial or industrial, may be constructed or maintained within 660 feet of certain federal highway right-of-ways.  Senate Bill 77 would expand the types of signs that may be placed and maintained to include cultural — including agricultural activities or attractions — scientific, educational and religious sites.

Senate Bill 166, sponsored by Sen. Jack Goodman, R-Mt. Vernon, would impose additional requirements for obtaining and maintaining a title insurance license.  Currently, it is against the law for title agencies or title agents to transact title insurance business unless they are licensed under Missouri law.  Senate Bill 166 would require title agencies and agents to maintain a physical place of business within the state that is devoted to operations of the title insurance business and for title agents to be employed by title insurers licensed in Missouri.

All four measures were given the Senate’s first-round approval.  Later on in the week, the bills received a final vote in the Senate, sending them to the House of Representatives for similar consideration.

The Missouri Senate also gave its final approval Monday to Senate Bill 187, sending the measure to lawmakers in the House.  The legislation, sponsored by Sen. Brad Lager, R-Savannah, would change Missouri’s laws regarding nuisances against junkyards and agricultural operations, including property used for farming, agriculture, crop or animal production purposes.

Click here to listen to the March 1, 2011, program “The Senate Minute,” which features Sen. Lager and Senate Minority Floor Leader Victor Callahan, D-Independence, discussing Senate Bill 187 on the Senate floor.

Tuesday (3-1) was the last day lawmakers in the Senate could file bills for the 2011 legislative session.  In 2010, 491 bills were introduced in the Senate.  This year, 433 bills were filed by senators.  As of this posting, 16 measures have already been sent over to the House of Representatives for similar consideration.

More than 30 bills were introduced on Tuesday, including legislation that would:

• Eliminate, combine, and revise certain state boards, commissions, committees and councils (Senate Bill 388, sponsored by Sen. Jay Wasson, R-Nixa);
• Modify Missouri’s laws regarding concealed carry permits for residents by lowering the minimum age for an applicant of a concealed carry permit from 23 to 21 (Senate Bill 389, sponsored by Sen. Ryan McKenna, D-Crystal City);
• Require the school board of each school district and charter school to establish an evaluation system for teachers and teaching (Senate Bill 391, sponsored by Sen. Lager);
• Change provisions relating to human trafficking by adding definitions for “blackmail,” “financial harm,” “nudity,” “sexual conduct,” “sexual performance” and “victim of trafficking” (Senate Bill 394, sponsored by Sen. Goodman);
• Establish the Compassionate Assistance for Rape Emergencies (CARE) Act that would require hospitals and health care facilities to provide each sexual assault victim with medically and factually accurate information about emergency contraception, orally inform each victim that emergency contraception may be provided at the hospital, and provide the complete regimen of emergency contraception immediately to the victim who requests it, among other provisions (Senate Bill 396, sponsored by Sen. Wright-Jones).

Another measured filed on Tuesday would apply consumer protection provisions while obtaining a site permit to build a second nuclear power plant in Missouri.  More specifically, Senate Bill 406, sponsored by Sen. Jason Crowell, R-Cape Girardeau, would include a hard cap of $40 million on the amount of money a utility could recover, a rebate plan for consumers in the case that the plant is either never built or fails to generate electricity, and a steady course of funding for the Office of Public Counsel in the Missouri Public Service Commission — the regulatory office that oversees Missouri utilities.

Similar legislation has already been filed this year, Senate Bill 321, sponsored by Sen. Mike Kehoe, R-Jefferson City, that would allow electric companies to recover costs from ratepayers associated with early site development for certain electrical generation facilities.  Both Senate Bill 406 and 321 have been referred to the Senate Veterans’ Affairs, Emerging Issues, Pension and Urban Affairs Committee.

Lawmakers spent most of Tuesday morning debating a measure regarding unemployment compensation.  House Bill 163, handled in the Senate by Sen. David Pearce, R-Warrensburg, changes Missouri’s laws regarding unemployment compensation so the state can receive recently approved additional federal extended unemployment benefit funds.  The current extended benefits period will expire March 3, 2011.  House Bill 163 would have allowed unemployed workers who are eligible for extended benefits beyond March 2011 to collect these benefits. 

Proponents say failing to pass the bill will result in Missouri losing federal unemployment funds.  Opponents say the measure gives an incentive to people not to find employment.  A final vote would have sent the measure to the governor for his approval; however, the measure stalled in the Senate.

Click here to listen to audio and video clips posted on March 1 featuring Senate floor debate on House Bill 163.  The March 2 edition of “The Senate Minute” also highlights comments from Senate Leader Robert N. Mayer, R-Dexter, on the issue.

When the Senate returned for afternoon session, lawmakers took up Senate Bill 188, sponsored by Sen. Lager.  The measure would change state law relating to the Missouri Human Rights Act and employment discrimination.  As part of the Senate’s plan to spur job creation in Missouri, Senate Bill 188 would bring state law in line with the federal Civil Rights Act of 1964.  The legislation would have state laws changed to mirror federal employment laws when it comes to discrimination, citing that discrimination must be “a motivating factor” rather than “a contributing factor” in wrongful termination lawsuits. 

In addition, Senate Bill 188 would allow for summary judgments, guarantee jury trials, limit awards as outlined in federal law and exclude managers and supervisors from being held individually liable.  The legislation also addresses Missouri’s whistleblower protections by clarifying that the protections only apply to those employees who call attention to wrongdoing that is illegal, rather than allegations of wrongdoing where no law was broken.  Later in the week, lawmakers gave their first-round approval to the bill.  A final vote in the Senate would send this measure to the House for similar consideration.

Click here to listen to audio and video clips posted on March 2 featuring Senate floor debate on Senate Bill 188. 

Wednesday morning (3-2), lawmakers took up several measures for consideration, including Senate Bill 243, sponsored by Sen. Jane Cunningham, R-Chesterfield.  Her legislation would establish the “Sharing of Services and Increasing Efficiencies Act” in order to allow school districts and other entities to share resources and achieve efficiencies, becoming more cost-effective; reducing costs; and minimizing duplicative operations, services, and purchasing. 

An amendment, offered by Sen. Maria Chappelle-Nadal, D-St. Louis, was adopted by the Senate regarding cooperative agreements.  The bill went on to receive the Senate’s first-round approval.  Before lawmakers adjourned for the week, they gave Senate Bill 243 their final approval, sending the measure to their colleagues in the House.

Click here to listen to audio and video clips posted on March 2 featuring Senate floor debate on Senate Bill 243. 

The Senate also gave its initial approval to Senate Bill 133, sponsored by Sen. Scott T. Rupp, R-Wentzville.  The measure would change Missouri’s law regarding commissions’ authority to enter into additional design-build contracts.  These types of contracts are used in construction and renovation projects where the owner awards the entire project to a single company.  Traditional contracts are awarded using a design-bid-build system.  Senate Bill 133 pertains to a bridge improvement project located in St. Louis and St. Charles county. 

The act also extends the sunset date from July 1, 2012, to July 1, 2018, for the Missouri Highways and Transportation Commission to enter into design-build project contracts.  Later in the week, lawmakers in the Senate approved a final vote on the measure, sending Senate Bill 133 to the House for similar consideration.

Click here to listen to audio and video clips posted on March 2 featuring Senate floor debate on Senate Bill 133. 

Also moving on to the House for consideration, Senate Bill 101, sponsored by Sen. Mike Parson, R-Bolivar, would create requirements for contractors who perform home exterior and roof work.  The bill, among other provisions, would prohibit contractors who perform roof or other residential exterior work from offering to pay, in any monetary form, a homeowner’s insurance deductible as an incentive to encourage the homeowner to hire the contractor.

Wednesday afternoon, the Senate Jobs, Economic Development and Local Government Committee met to consider testimony on several bills, including legislation that would establish the Missouri Science and Innovation Act, also known as MOSIRA.  Senate Bill 79, sponsored by Sen. Jolie Jutsus, D-Kansas City, would, among other provisions, expand the powers and duties of the Missouri Technology Corporation; require application, approval, and reporting requirements for programs established by the Missouri Technology Corporation; replace the Missouri Technology Fund with the Missouri Science and Innovation Reinvestment Act, which would receive annual appropriations made by the General Assembly based on recommendations made by the directors of the Missouri Economic Development and Revenue departments and contributions made by private entities, the federal government, and local governments.

The committee also heard testimony from Sen. Eric Schmitt, R-Glendale, who is sponsoring Senate Bill 279 and 296.  His legislation would establish the Compete Missouri Training Program.  More specifically, Senate Bill 296 would establish the program by combining three existing job training programs and provide funding for job training.  In addition to creating the Compete Missouri Training Program, Senate Bill 279 would also create the Compete Missouri Program, which would combine six existing business incentive programs and provide tax incentives for job creation and capital investment. 

Click here to listen to audio and video clips posted on March 2 featuring committee hearing testimony on Senate Bill 79, 279 and 296.

Lawmakers went back into session Wednesday afternoon to debate Senate Bill 8, a measure that would restrict co-employee liability in workers’ compensation cases.  The bill, sponsored by Sen. Goodman, would ensure that co-employees would be released from liability for all workplace injuries under the workers’ compensation system except when they engage in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. 

The legislation would also modify the definition of “toxic exposure” to include chemical substance and material exposure and such substance or material that can be inhaled or absorbed (excluding cigarette smoke) and state that employers would provide compensation for occupational diseases.  Senate Bill 8 still needs the Senate’s first-round approval before moving forward in the legislative process.

The Missouri Senate will reconvene on Monday, March 7 at 4 p.m., in which senators are scheduled to take up supplemental appropriations bills (House Bills 14 and 15), legislation that would move the presidential primary from February to March (Senate Bill 282), and a measure that would change provisions relating certain environmental laws (Senate Bill 135), among other legislation.  First Regular Session of the 96th General Assembly runs through Friday, May 13, 2011.

This update is written once a week throughout the legislative session. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov . Visitors can track legislation as it passes through the General Assembly, learn more about their district, or, when the Legislature is in session, listen to streaming audio of legislative debate as it happens. For more legislative news, please visit the Senate Newsroom . There you will find various audio and video programs and other services, such as:

Subscribe / Unsubscribe

-END-