May 22, 2013

‘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.

Missouri House endorses reinstatement of medical malpractice caps

The State House has voted to put back in place caps on non-economic damages in medical malpractice suits.

Representative Eric Burlison (photo courtesy, Missouri House Communications)

Representative Eric Burlison (photo courtesy, Missouri House Communications)

The House approved a bill that would limit to 350,000 dollars awards for non-economic damages like pain and suffering, in medical malpractice suits. Such a cap was passed by the legislature in 2005 and struck down last year by the state Supreme Court.

The proposal is sponsored by Representative Eric Burlison (R-Springfield), who says, “Without these limits Missouri’s healthcare industry is subject to erratic and excessive jury awards that will raise the cost of care, decrease the access to care and create an unfair environment for patients and their families.”

Representative Kevin McManus (D-Kansas City) says he thinks the intent of the bill is noble, but says it’s been stricken down already.

“The separation of power is that we have three branches of government. One branch has said that it was unconstitutional. We’re going to send them a House bill and say, ‘Here it is. Try it again.’ Insanity is doing the same thing and over again and expecting a different result. I don’t think we’re going to get a different result by passing a House bill.”

Proponents argued passing Burlison’s legislation reaffirms the separation of powers between the three branches of government.

It received opposition from lawmakers from both parties, however. Representative Jay Barnes (R-Jefferson City) says it represents a position that is not conservative.

“Taking power away from decentralized juries comprised of ordinary citizens making these judgements after hearing the actual facts in cases … is not conservative. Abandoning 1,000 years of common law starting in 11th century England is not conservative.”

The legislation has been sent to the Senate.

 

Hearing on ‘benevolent’ tax credits becomes abortion, birth control debate

A hearing in the House Committee on Children, Families and Persons with Disabilities on a proposal to extend so-called “benevolent” tax credits turned into a discussion about abortion and birth control on Tuesday.

Representative Genise Montecillo at a hearing of the House Committee on Children, Families and Persons with Disabilities.  (Photo courtesy; Tim Bommel, Missouri House Communications.)

Representative Genise Montecillo at a hearing of the House Committee on Children, Families and Persons with Disabilities. (Photo courtesy; Tim Bommel, Missouri House Communications.)

The hearing was on a bill that would extend tax credits for donations to charitable causes, such as centers that help children in crisis, food banks and more. The debate regarded credits for pregnancy resource centers.

Pro-Choice Missouri Executive Director Pamela Sumners testified that a study revealed many of those centers giving inaccurate medical information regarding abortions and birth control.

“We know that what happens with some of these facilities is that you don’t get the proper information early on, there are delays and sometimes these delays will put people beyond the point at which they can legally get an abortion or put them in a position where the procedure will be more risky to them,” she says.

Sumners discussed some of the findings of that study.

“Sixty-nine percent of these facilities said that there was a link between abortion and hormonal birth control increasing infertility,” she says. “Ninety-two percent wouldn’t tell a woman where she could obtain birth control. Fifty-four percent stated or implied that condoms are less effective in preventing sexually transmitted diseases than they are. Twenty-eight percent told women in their written materials that there is a link between abortion and breast cancer.”

Sumners told lawmakers she wanted them to have the facts before they extended the credit benefitting those centers.

Missouri Catholic Conference spokesman Tyler McClay questioned the definition of what is “medically accurate.”

“I can show you studies that suggest that (abortion is a risk factor for breast cancer),” McClay says. “I can show you studies that say it is not a risk factor. So, I guess the question is, ‘What’s medically accurate?’ That’s going to be difficult to define, I think, in law. That would be my concern with that.”

Rep. Genise Montecillo (D-St. Louis) indicated she will offer an amendment to the bill to require that medical information provided by clinics be accurate.

See the legislation – HB 87.

Rep. Eric Burlison (R-Springfield) says the hearing on his bill about charitable tax credits was hijacked.

“That’s unfortunate because we’re trying to just accomplish something that is very good,” Burlison says. “There’s a lot of good that’s happened in all these benevolent tax credits.”

Barbara Brown-Johnson, president of the Missouri Network of Child Advocacy Centers, testified to urge lawmakers to extend the “children in crisis” credit. She says at her center in Springfield, it yielded $534,000 in four years and over $240,000 in July and August, 2012 alone.

She says one thing it supports is forensic interviewers who interview children going through stressful situations.

“This little boy asked a different kind of question that we’d never been asked before,” Brown-Johnson says. “He looked at the interviewer and he said … he was eight … he said … ‘Yeah, I have a question.’ He said, ‘Can you tell me why people keep hurting me?’ That’s a question no child in Missouri or any state should ever have to ask.”

The legislation will come to a vote in the committee next week.

Paycheck Protection bill filed in state House

An issue the House Speaker has said would achieve the same overall goal as Right to Work has been filed for the 2013 session.

Representative Eric Burlison (R-Springfield) Photo courtesy, Missouri House Communications.

Speaker Tim Jones says he doesn’t think Right to Work has enough support to pass without the backing of the governor, but he thinks Paycheck Protection does. That would require unions to seek annual okays from their members before using dues for political purposes.

A paycheck protection bill has been filed by Springfield representative Eric Burlison, who says he plans to file right-to-work as well.

“I think that they are very similar bills in that they both empower the employee, give choices back to the employee, and I think that’s where we need to move as a state in order to keep jobs in the state and bring more jobs to the state.”

Jones has said of the two, he is favoring including paycheck protection on the agenda for the 2013 session because it has passed out of the House before.