May 21, 2013

Economic Development bill major failure on last day (AUDIO)

A second major casualty of a filibuster on the last day of the legislative session is an economic development bill.  Senator Eric Schmitt of Kirkwood had hoped to gain passage of a series of issues he says are at a ‘critical point”

The bill included new caps on two of the state’s biggest tax credits programs–historic preservation and low income housing.  

Schmitt had argued the legislature needed to act after years of just talking.  “Dear Lord! Every year somebody is waiting for this fairy tale scenario to drop from the sky to have the perfect bill…We don’t really live in that world.  So this is an opportunity for us to move forward,” he told the Senate.

But northwest Missouri Senator Brad Lager says the bill reflects the ways the legislature has become too heavily influenced by special interests. “Right now we can’t pass anything through this chamber that the trial lawyers don’t bless.  We can’t pass anything through this chamber that a handful of tax credit recipients can’t bless. We can’t pass anything through this chamber that fundamentally restructures the tax code of this state,”  he said.

Lager says the priorities in the economic development bill were all wrong.  He talked long enough during senate debate that the sponsor of the bill ran out of time to get it passed.

AUDIO: Schmitt 14:15

AUDIO: Lager 46:35

Legislature overwhelmingly approves fix to workplace injury issues

The state legislature has passed a bill meant to cover two issues regarding workers hurt in the workplace.

Representative Todd Richardson (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Todd Richardson (photo courtesy; Tim Bommel, Missouri House Communications)

The bill seeks to right the state’s Second Injury Fund, from which settlements are paid out to workers who have a disability and then sustain a work-related injury. Legislation passed and signed in 2005 capped at 3 percent the surcharge that supported the fund, paid by all businesses on their workers’ compensation insurance. Since then the fund had become insolvent by more than $20 million dollars, with more than 30,000 claims against it still pending.

The legislation proposes doubling that surcharge from 2014 to 2021, long enough to pay down pending and outstanding claims. It would also restrict the fund to cover only the most serious claims.

The House handler of the bill, Representative Todd Richardson (R-Poplar Bluff) says that should keep the Fund from becoming unbalanced again.

“By limiting the number of claims that go into the Second Injury Fund, everybody that looks at it believes that current surcharge will be sufficient to cover the ongoing liability.”

Richardson says if the bill is signed, the first step will be for the increased surcharge collections to begin after January 1, 2014. Then the backlog of claims will begin to be paid down.

“It’ll start with the permanent total disability benefit cases first. Those are the people that have the most extensive injury. They’ll pay that money out as it becomes available.”

The bill also moves coverage for occupational disease back into the state’s workers’ compensation system. A court interpretation of a 2005 law had led to those cases being handled in the courts.

Richardson says the House and Senate recognized the need to include an enhanced benefit for specific diseases, and one specific to mesothelioma, a cancer caused by exposure to asbestos.

“We’ve included what amounts to a $500,000 enhancement for mesothelioma cases, but we’ve also given employers the ability to choose to avail themselves of the workers’ comp system and that $500,000 remedy or continue to operate under the status quo and have those cases tried in civil court.”

Richardson says another mechanism guarantees a benefit to workers suffering diseases due to toxic exposure including berylliosis, coal worker’s pneumoconiosis, brochiolitis obliterans, silicosis, silicotuberculosis, manganism, acute myelogenous leukemia, and myelodysplastic syndrome.

House Minority Leader Jake Hummel (D-St. Louis) spoke against the legislation. Hummel has said on the House floor before that his grandfather died of poisoning due to exposure to asbestos.

“I don’t believe that when someone is suffering, that someone who is dying a slow, painful death should have a price tag put on their life. I think that needs to be done in the courts.”

House Speaker Tim Jones (R-Eureka) called the bill’s passage “historic,” and noted it passed out of the House with 135 votes.

“My entire caucus. I think the Governor’s going to sign that, for all indications, but if he does not for any reason I think we have an easy override on that.”

The proposal on Tuesday cleared the Senate 32-1.

Jones says Attorney General Chris Koster also sent him a text message on Thursday to thank him for the work he did on the Second Injury Fund issue. Koster has joined other politicians in saying the fund needed to be addressed.

Lawmakers give protection to Doe Run (AUDIO)

Missouri’s oldest industry has gotten some special protection from lawsuits. 

The owners of the Doe Run lead company are under federal orders to clean up the old Lead Belt of southeast Missouri.  But the company also is facing lawsuits from people who claim lead  and lead from mines and the mining refuse has harmed them or their families.

Senator Ryan McKenna of Crystal City says the lawsuits endanger a unique industry.

                                       ADUIO: McKenna :10

McKenna and a couple of other senators have pushed a proposed law through the general assembly on short notice that protects Doe Run from lawsuits as long as it is making good faith cleanup efforts.  Their plan also limits punitive damages in all suits to two and-a-half million dollars.

McKenna says the situation has been so uncertain that some communities are acting in self-defense.

                                       AUDIO: McKenna 16

He says the loss of Doe Run would be a one-billion dollar loss to Missouri’s economy and would have a devastating effect on several communities.

Sainte Genevieve Senator Gary Romine says times are changing rapidly in the area, but the past remains a problem.

                                       AUDIO: Romine :29

Supporters hope the protections of the bill sent to the Governor will encourage Doe Run to stay and finish developing a new processing technology that removes 99% of contaminants during processing.

The fix is in for Second Injury Fund (AUDIO)

The long-awaited “fix” to Missouri’s Second Injury Fund cleared the state Senate a little before 1 a.m. today and could be sent to the Governor by the House before the day is out.

The fund ran out of money long ago because the legislature in 2005 limited the surcharge businesses paid to support it. 

The bill also overhauls the workers compensation program, which now will include occupational  and toxic diseases.  It also gives employers several options  for insurance coverage. 

Senate Sponsor Scott Rupp of Wentzville outlined the elements of the bill shortly before Senate passage.

AUDIO: Rupp explains the bill 5:45

‘Paycheck protection’ legislation sent to the Governor

A House proposal that backers say protects workers’ paychecks has been sent to Gov. Jay Nixon.

The bill (SB 29) requires that a worker give permission once a year for a union to take dues out of his or her paycheck, or to use them for political purposes.

Representative Eric Burlison (Photo courtesy; Tim Bommel, Missouri House Communications)

Rep. Eric Burlison speaks on the House floor. (Photo courtesy Tim Bommel, House Communications)

House sponsor, Rep. Eric Burlison (R-Springfield), says it’s about protecting free speech.

“I think that is important that [the union] yearly, at least, get the permission before they’re speaking on behalf of someone,” Burlison said.

Rep. Clem Smith (D-St. Louis County) says the bill is deceiving and wastes the time of the legislature in the final days of the session.

“This is an issue that does not exist,” Smith said. “People do it on their own will. They sign up on a form already to have additional money go to political action committees from labor unions and that money is spent to support labor activities. This deal about dues dollars … I need proof. We’re up here to be shown proof, no proof has been brought up.”

The legislation only applies to public employee unions and exempts first responders.

It cleared the House on an 85-69 vote.