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Proposed COVID-19 liability protections for Missouri businesses will wait until next year

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Gov. Mike Parson has asked the Legislature to wait until next session to take up a bill that aims to protect Missouri businesses and other organizations from COVID-19 liability lawsuits. Less than one month ago, Parson expanded his special session call to urge lawmakers to pass virus-related protections for businesses. Parson’s office did not give a reason for putting off work on the proposal.

The Missouri Chamber of Commerce and Industry has been pushing for passage of the measure.

Gov. Mike Parson

News of the request hit as a Missouri Senate committee held a hearing Tuesday about a measure to address such legal claims. During the hearing, Mark Moreland with the Missouri Association of Trial Attorneys says the legislation is not necessary because there have been no such lawsuits filed yet in Missouri.

“And why? Because this is a communicable disease,” he says. “As good a lawyer as I think I may be, I don’t think I can prove that you got your COVID-19 at the restaurant and you did so because the restaurant owner somehow screwed up. This bill isn’t an attempt to deal with an issue in Missouri. It’s an attempt to put the camel – not the camel’s nose – but the camel underneath the tent when it comes to products liability and premises liability.”

Sen. Bill White, R-Joplin, fired back.

“We’re talking a five-year statute of limitations. The fact that we have an ongoing pandemic and we’ve had zero cases in the first nine months does not mean you will not have multitudes as we get a vaccine, things chill out a bit, people have longer-term exposure,” says White.

Dana Frese testified on behalf of the Missouri Hospital Association in support of the plan.

“Our healthcare providers have been at war with this virus during the pandemic and they deserve our support. They are exhausted,” he says. “Also, when COVID-19 patients stress the capacity of smaller, rural hospitals, it makes it harder for those healthcare providers to care for patients with a heart attack, a stroke, an automobile accident or other serious medical conditions. Missouri hospitals and physicians can ill afford during the pandemic to spend their precious time and limited resources defending claims alleging that someone contracted COVID-19 in a healthcare setting, despite the heroic efforts of our healthcare providers since March. Our Missouri healthcare providers must remain focused on providing healthcare to our citizens during this pandemic and not be subjected to litigation over COVID-19 exposure. The virus is pervasive in Missouri and is not under control.”

Despite the change of plans, the panel spent about two hours discussing the legislation.

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Missouri gets $6 million in federal aid to create thousands of tech apprenticeships

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The Missouri Chamber of Commerce and Industry Foundation is deploying $6 million in federal funding to create 5,300 new tech industry apprenticeships. During a virtual event Monday, President Dan Mehan calls the investment a game changer.

Missouri gets $6 million in federal aid to create thousands of tech apprenticeships

“There is an apprenticeship revolution going on in Missouri,” he says. “Over the last two years, our state ranks second in the number of completed apprenticeships – second only behind California.”

More than 10,000 Missourians have gone through an apprenticeship program that gives them real-world and traditional learning through a paid work experience. The effort is meant to give participants a feel for whether they would like to make a living in the profession.

According to the Missouri Chamber of Commerce and Industry, about 94% of apprentices are retained by their employers after they complete their apprenticeships and the average annual salary is not too shabby – about $70,000. The Chamber says the pay leads to a $300,000 lifetime earning advantage over non-apprentices.

Mehan says the state is “poised for strong growth” in apprenticeships thanks to a number of developments this year.

Mehan says House Bill 2046, passed this year by the Missouri Legislature and signed into law by Gov. Mike Parson, will boost the state’s apprenticeship efforts. The plan, sponsored by Rep. Derek Grier, R-Chesterfield, gives students industry credentials after they finish their program.

“This progress could not have come at a better time,” says Mehan. “We all know our state faces many challenges as we continue to confront COVID-19 and seek to grow our economy out of it. One of our biggest challenges will be training workers who find themselves unemployed or underemployed due to the pandemic. Apprenticeships will be a very important tool as we work to help get these workers back on the job and likewise ensure that Missouri employers have the talent they need to grow and power our economy.”

Another development Mehan points to is Missouri Apprentice Connect – the first in the nation apprenticeship matching program. The free service can be found by going to MoApprenticeConnect.com

Dr. Mardy Leathers, director of the Missouri Office of Workforce Development, says there is a wide variety of businesses contributing to the state’s apprenticeship success.

“In Missouri, it would be easy if I could rattle off the names of a couple employers. But the reality is, there are 493 employers who have apprenticeship programs in the state. So, we have a lot of employers who engage,” says Leathers. “It’s actually a great thing that I can’t rattle those names off because we have so many.”

U.S. Senator Roy Blunt, R-Missouri, helped to secure the federal grant. Blunt chairs a subcommittee that funds U.S. Departments of Labor, Health and Human Services, Education, and others.

“Nobody has taken better advantage of this than Missouri has,” says Blunt. “We’ve got a new Office of Apprenticeships and Work-Based Learning that has been set up in the Department of Higher Education. I think what these apprenticeship programs do and what our state, what you’ve done and what Governor Parson has done and others have done, is realize we have to look at the workplace a little differently.”

Cerner Corporation – a global healthcare technology company in Kansas City – was the lead partner in bringing the federal grant to Missouri.

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Parson calls special session Nov. 5 to access additional federal aid

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Gov. Mike Parson has called another special session – this time to focus on getting extra federal coronavirus funding made available to the state. The federal aid includes funding for school meals, grants for homelessness prevention and job training, child support payments, among others.

Missouri Governor Mike Parson briefs Capitol reporters in Jefferson City on October 15, 2020 (photo courtesy of the governor’s Flickr page)

“COVID-19 has had an overwhelming impact on our state, and while we have made great progress, this additional funding will be critical as we continue to respond and work through the recovery process,” Parson says. “We look forward to working with the General Assembly to make sure these funds are distributed across Missouri as soon as possible.”

According to the State Auditor’s website, Missouri has been given nearly $3 billion in federal CARES Act funding. The state has allocated out about $1.7 billion of the money.

House Minority Leader Crystal Quade, D-Springfield, says the governor’s call for a special session is a political stunt.

“When the legislature passed the current state budget in May, it granted the governor broad authority to spend federal coronavirus relief funds precisely so he would have the flexibility to act without calling lawmakers back to Jefferson City. As a result, it is highly questionable whether this special session is even necessary,” says Quade. “The governor’s response to the pandemic has ranged from indifference to incompetence and thousands of Missourians have died. Calling a special session this close to an election he is in jeopardy of losing seems more like a desperate political move than leadership.”

Lawmakers are scheduled to begin the session November 5.

This is the second special session Parson has called lawmakers back to Jefferson City for this year. Over the summer, he called one to have the Missouri Legislature pass crime legislation.

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Virgin Hyperloop still has its eye on Missouri to transport passengers in tubes

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Virgin Hyperloop says West Virginia has been chosen for its futuristic tube travel test track and certification center, but Missouri is not out of the picture. Company spokesman Ryan Kelly tells Missourinet West Virginia might not necessarily be where the first route is located.

A Hyperloop model visits the Mizzou campus (Photo courtesy of Virgin Hyperloop One)

“We still plan to continue work with some of the states that we’ve been talking to including Missouri, Texas, Ohio, North Carolina and a couple more to really look at where the first projects could be once our technology is safety certified,” says Kelly. “If you think about how the interstate highway system came around when (President) Eisenhower decided to make that investment, even though it was based in Missouri, it was a national campaign. That’s where it started, but obviously not where it finished.”

St. Charles in eastern Missouri was the home of the first interstate highway project in the nation.

A Hyperloop is said to have the ability to lug passengers from Kansas City to St. Louis in about 30 minutes – a potential game changer for the way the state does business in the region. People could commute from one end of the state to the other, tying both economies together.

Kelly says the company’s top three criteria in its decision to award the projects to West Virginia had to do with land, political support and financial support. He says the company is not disclosing the incentives offered or any other financial information.

The Missouri Legislature passed and the governor signed into law this year a bill that keeps state road funds away from the project, keeps the project away from I-70’s right of way, and bans the use of eminent domain to build it. Did the new law derail plans of the test track and certification center coming to Missouri?

“I’ll counter that with Missouri was one of the first ones to actually legislate about Hyperloop in the United States as well,” says Kelly. “Speaker (Elijah) Haahr has been a huge proponent of what we were doing and have felt that support in Missouri. So, I wouldn’t point to that as a be all end all or something that we can point to that really tipped the scales, so to speak.”

Haahr, R-Springfield, formed a task force charged with creating a road map to commercialize a Hyperloop in Missouri. Lieutenant Gov. Mike Kehoe led the team.

“The vision that the state had for something like this is really commendable and exciting,” says Kelly. “We want to continue forward to talk to the state and continue to look at a path forward – for not only Missouri but for America as well.”

A study the panel compiled found that the technology could have up to $3.6 billion annually in economic impact and create up to 17,200 new jobs in Missouri. The group’s 176-page report also says the network could reduce I-70 vehicle crash injuries and fatalities up to 50%.

It estimates a full 250-mile Hyperloop track along Interstate-70 would cost about $7 to $10 billion and be mainly privately funded.

Earlier stories:

Missouri not chosen for Virgin Hyperloop test track https://www.missourinet.com/2020/10/08/missouri-not-chosen-for-virgin-hyperloop-test-track/

Missouri House Speaker, Majority Leader say Hyperloop should happen https://www.missourinet.com/2019/10/29/missouri-house-speaker-majority-leader-say-hyperloop-should-happen/

Task force: Hyperloop would fuel Missouri economy by billions, make 17k jobs https://www.missourinet.com/2019/10/28/task-force-hyperloop-would-fuel-economy-by-billions-make-17k-jobs/

Is flooding a problem for a potential Hyperloop in Missouri?  https://wp.me/p16gMv-vjP

Push for Hyperloop certification track in Missouri  https://wp.me/p16gMv-vjy

Could ‘Hyperloop’ tube travel thrive in Missouri? New group aims to find out, accelerate construction  https://wp.me/p16gMv-uQg

Missouri coalition launches study about speedy passenger tube rides  https://wp.me/p16gMv-sOP

Coalition hyped up about tubes taking you from KC to St. Louis in 31 minutes  https://wp.me/p16gMv-sfe

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Missouri counties mailing new ballots after Amendment 3 language goof

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Nearly 2,000 Buchanan County voters in northwest Missouri will be sent new ballots after receiving absentee ballots with language thrown out by the courts. Some voters in southwest Missouri’s Vernon County were reportedly also given ballots with the wrong language.

Missouri counties mailing new ballots after getting wrong Amendment 3 language

Buchanan County Clerk Mary Baack-Garvey says the county received ballots with the original language for Amendment Three, which has been rewritten by the courts.

“One of our voters and citizens here in Buchanan County noticed it, absolutely appreciate the fact that they did, because I can’t image if this happened on Election Day,” Baack-Garvey tells Missourinet affiliate KFEQ in St. Joseph. “So, I do commend that person for citing that error. That way all we have to do is 17-Hundred and not, let’s say, 55,000 on Election Day.”

Because they took ballots to vote absentee, the voters can be easily identified. Baack-Garvey says every voter given the incorrect ballot will be sent a new one.

“We had 27 people come here and vote in person. We have the list of their names and we’re going to mail them an absentee ballot to make sure that if they want to change the way they voted on Amendment Three, they can,” Baack-Garvey says. “On the 1,700 absentee voters, we’re sending them a brand new ballot.”

Amendment Three is a largely Republican-backed effort passed by the Missouri Legislature and placed on the November ballot. It asks voters to change the redistricting rules adopted as part of the Clean Missouri initiative two years ago.

Baack-Garvey says the county received the incorrect ballots from a vendor who had not corrected the Amendment Three language thrown out by the courts.

Brent Martin of Missourinet affiliate KFEQ contributed to this story.

Missouri Board of Education has lengthy discussion about the state of charter schools

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Robbyn Wahby

The Missouri Department of Elementary and Secondary Education’s website says the state has had 28 charter schools close since 2005. Robbyn Wahby, executive director of the Missouri Charter Public School Commission, says most of the closures are due to poor academic performance.

“If families don’t choose to go to a charter school because it is not performing, they (schools) won’t survive. And we have seen schools close for financial reasons. Financial reasons have a lot to do with enrollment,” she says.

Charter schools are independently-operated public schools funded through a combination of state and private dollars. Opponents of charter schools contend that the schools compete with traditional public schools for state funding.

Many Republicans in the Missouri Legislature have made attempts over the years to expand charter schools statewide. Current Missouri law limits charter schools to St. Louis, Kansas City and any unaccredited school districts.

Carol Hallquist

During a Missouri Board of Education meeting, member Carol Hallquist of Kansas City says a group of urban leaders tell her the decline of traditional public school funding effects crime. Kansas City and St. Louis have some of the worst violent crime rates in the country.

“They were lamenting that we no longer have after school activities. There’s not enough students to fill a football team or dance squad or the chess club,” says Hallquist. “And that what happens is youth have to get rid of that stress and that’s a pathway to crime. You talked about having a high-parent involvement – a sense of community. I think all of our schools want that but when they continue to see an erosion of money and students, they can’t achieve that.”

Hallquist made the comments before the board voted in favor of allowing a new St. Louis elementary charter school to open in the fall of 2021 – Atlas Public School. The school will operate year-round with five weeks on and two weeks off. The opening will mean the school will get $1.2 million annually in state aid currently being provided to the St. Louis Public School District.

Peter Herschend

Wahby’s commission will serve as the sponsor of Atlas to oversee the health and performance of the school. She says there is no greater waste of taxpayer dollars than poor-performing schools.

“We don’t need any more poor-performing schools,” she says. “Nothing that Atlas is doing is preventing St. Louis Public Schools from putting out a high-performing school. And so, choices have to be made by districts too about how they spend their money.”

Member Peter Herschend of Branson says the board has a responsibility to Missouri taxpayers.

“We collectively, you, this board, needs to be very, very conscious that we aren’t draining one pot only to fill another pot,” he says. “At the end, it isn’t how many charters there are. It’s how well we are educating the general population – not just the kids who are in charters, not just the kids who are in public school.”

“The accountability to sponsors is part of it. Are we renewing poor-quality schools? And if that’s part of the competition, shame on us,” says Wahby.

Mary Schrag

Member Mary Schrag of southern Missouri’s West Plains says education is going in several different directions.

“It’s like we are not fixing the problems maybe as well as we need to be,” says Schrag. “We have several of the charter schools and private schools and virtual schools and all these other options coming into play. I’m concerned it’s tearing at the fiber of our educational system.”

“Where I think we have to really face though is that our alternatives of not trying to provide more quality schools are not simply going to make districts better. Us not doing charter schools is not going to have a benefit to the districts,” says Wahby.

Missouri currently has 36 charter schools.

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Parson plans to call Missouri Legislature back soon for another special session

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Gov. Mike Parson says he plans to call another special session soon. The Missouri Legislature wrapped up its veto and special sessions yesterday.

Lawmakers did not override any of the governor’s vetoes of bills and they only passed two of seven crime-related items he wanted. One bill passed would remove a requirement for St. Louis first responders to live in the city. The other would create a fund to protect witnesses and their immediate family members leading up to a criminal court trial or during investigations.

Gov. Mike Parson

At a Capitol press conference, Parson says the state will find the money to fund witness protection.

“Well we’re going to look and see what avenues we can to get that money there. You know, we’ve made a commitment to that,” says Parson. “There will be another special session on the supplemental budget sometime in October– I do know that, at some point. It may be addressed then. But you know, we’re going to see what another avenues we have to might be able to utilize to do that. But it’s something we want to get implemented as soon as we can, again to help the victims out there. We’ve just got to step it up.”

The governor says he is content with the two bills that passed because they are his two top special session agenda items.

“You know, I don’t keep score on how many bills I pass or how many I don’t,” says Parson. “It’s about making things into law that helps everyday people. You know, we’ve got a violent crime situation in this state. We need to do everything we can.”

The Legislature is made up of a supermajority of Republicans in both chambers – the same party as the governor.

“You know look, you’re not going to hit a home run every time in this building,” Parson tells reporters. “We’re very content with what we got. Anything we can do to help law enforcement, to help victims in this state to fight violent crime is a win no matter how small or how big it is.”

House Minority Leader Crystal Quade, D-Springfield, says the special session wasted $200,000 solely to boost the governor’s prospects of winning November’s General Election. The extraordinary session, which started on July 27, took almost two months to complete.

“I don’t know what the cost of special session is but maybe she could explain what the cost of 191 people that’s died in St. Louis or the 130 some odd that’s died in Kansas City. Maybe we put a value on that. I’m sure not going to,” says Parson.

A statement from Quade says Parson defunded police and other emergency responders over the summer by unilaterally slashing $2.66 million in funding from the Missouri Department of Public Safety’s budget, including eliminating $1.81 million allocated to the State Highway Patrol.

“A year ago, House Democrats strongly urged the governor to take the mounting death toll from violent crime seriously, but he ignored it until pretending to care seemed politically expedient. Even then, he spurned polices to prevent violent crime in favor of legislation focusing on crime’s aftermath, which won’t prevent a single life from being lost or family from being destroyed. Try as he might to manufacture a contrary public image, the governor’s record on public safety remains dismal,” says Quade.

Here are the bills that did not pass during the special session:

•House Bill 2 would allow an otherwise inadmissible witness statement if a “preponderance” of evidence shows the defendant engaged in wrongdoing to cause the unavailability of the witness. It would also let the Missouri Attorney General intervene in some St. Louis murder cases.

•House Bill 11 would criminalize adults who knowingly encourage, aid, or cause a child under 17 years old to commit a crime with a weapon.

•House Bill 12 would let judges decide whether juveniles 16 to 18 years old should be prosecuted as adults and possibly go to prison for certain crimes committed with weapons.

•House Bill 16 would toughen the penalty for selling or giving a firearm to someone under 18 years old to avoid or interfere with an arrest, detention, or investigation of a crime.

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(VIDEO) Gov. Parson’s COVID-19 and legislative briefing

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Gov. Mike Parson held a briefing today to update the state on Missouri’s COVID-19 response. He also gave his thoughts on the state Legislature’s work during today’s veto session and the completion of its special session work.

Key points from today’s briefing:

•The governor says he expects the federal government to send Missouri about three million rapid COVID-19 tests by the end of year.

•Parson responds to Missouri’s approach to COVID-19 not always matching up with what the White House Coronavirus Task Force recommends. He says he trusts Missouri’s data to drive decisions at the state level.

•Missouri Department of Health and Senior Services Director, Dr. Randall Williams, says the state has received its playbook from the Centers for Disease Control and Prevention about the approach to take when a vaccine becomes available.

•The governor responds to the Missouri Legislature allowing his vetoes of bills to stand but only managing to pass two of seven crime bills he wanted. He says he’s content with the two bills that passed.

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President Choi: the mask,distancing rules are working at Mizzou; egregious violations result in expulsion

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The University of Missouri has expelled two students and suspended three for violating COVID-19 safety policies. In a press statement, the actions were described as “flagrant…willful and knowing actions that threatened the safety of the campus and the broader Columbia community” including requirements that COVID-positive individuals isolate and comply with social distancing requirements.

Choi answers questions from Sikeston Republican Holly Rehder during Tuesday’s hearing.

Mun Choi, UM System president and MU chancellor, described this and the system’s COVID-19 policies in his testimony before the Missouri House Special Committee on Disease Control and Prevention.

Eleven student organizations are currently under investigation for violations of the university’s coronavirus related policies. The school reports that as of Sept. 11, approximately 470 student violation cases have been referred to the university’s Office of Student Conduct and Accountability.

Choi reported that since enacting stricter mask and social distancing rules, the Columbia campus has had a decrease in its active caseload, with a 51 percent drop from 683 cases between Sept. 5 to Sept. 14.

“We like that trend,” Choi told the panel.

This semester, he said, no Mizzou students have been hospitalized with the coronavirus. If a residence hall student contracts COVID-19, they can isolate at one of the 300 hotel rooms paid for by the university, with free meals delivered or meals reimbursed.

‘Many of our students choose to isolate on campus,” he said, “This is one of the best places for students to be because we have the necessary hospital capacity to take care of students and our community.”

Choi said that for now, the choice for in-person classes, with strict guidelines, keeps the school and staff financially safe.
He mentioned the University of Massachusetts, Amherst, which has gone to distance learning and faces $169 million in lost revenues and furloughs of 850 staffers.

“As the leader of this campus at Columbia and president of four universities, I just can’t imagine — and I find it heartbreaking to be able to say– to staff members that this is a time for layoffs and that health insurance will not be provided and to say that during a pandemic,” Choi said.

Choi told lawmakers that many students who have contracted COVID-19 have chosen to isolate in Columbia.

“But I want to make this very clear, if at any time during our 7:30 (a.m.) daily meetings with the medical experts and the public health experts we find that the pandemic is turning for the worse, or the experts tell me that it is time to pivot– we will pivot to remote learning immediately,” Choi insisted. “Our decisions are not made based on finance, but the best medical and public health input.”

 

Top Missouri laws taking effect today

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Several bills become law today that the Missouri Legislature passed during the second regular session of the 100th General Assembly. Here is a snapshot of the top bills approved by lawmakers and signed by Gov. Mike Parson:

Top Missouri laws taking effect today

Partial motorcycle helmet law repeal
House Bill 1963 is a sweeping transportation bill allowing motorcycle drivers 26 years and older to go helmetless if they have their own health insurance. It requires insurance to cover medical costs for injuries from a motorcycle crash. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet.

Cameras within long-term care patient rooms
St. Louis Representative Jim Murphy’s bill will let long-term care center patients put electronic monitoring devices in their rooms. Murphy, a Republican, tells Missourinet House Bill 1387 allows devices like video cameras to be placed within patient rooms at Missouri nursing homes, assisted living centers and mental hospitals. Under the plan, a visible sign must be placed in rooms where monitoring is occurring. Murphy says he thinks the devices will help to address potential abuse and neglect and help families stay in contact with their loved ones during the COVID-19 pandemic. Anyone featured in a recording must approve of the release of the recording unless the information is being given to law enforcement for investigative purposes.

Changes to Missouri’s foster care system
House Bill 1414 is comprehensive legislation about Missouri’s foster care system. It requires the creation of a response team to review the practices of the state Children’s Division and any contractors. The package gives Missouri’s homeless kids access to a free birth certificate and provides them with Medicaid health coverage. Representative Sheila Solon, R-St. Joseph, is sponsoring the proposal ensuring foster parents have access, at the time of placement, to full medical records of a child placed with them. It also clarifies that a child’s attendance in court hearings should only take place when the judge and family support believe it is in the best interest of the child.

Further healthcare coverage for certain conditions
Former state Representative David Wood, R-Versailles, is the sponsor of a wide-ranging healthcare bill allowing pregnant Missouri women on Medicaid to have access to mental health services for postpartum depression or related conditions for up to an additional 12 months. Previous law gave the benefits to eligible mothers for up to 60 days after giving birth. The extra help depends on state budget and federal approval.

House Bill 1682 also specifies that coverage for certain breast cancer screening and evaluation services must be provided annually to any woman deemed by her physician to have an above-average risk for breast cancer. Furthermore, the bill requires coverage of ultrasound or MRI services when determined by a physician to be medically necessary for any woman deemed by the doctor to have an above-average risk of breast cancer.

Rape kits testing
Sen. Andrew Koenig, R-Manchester, sponsored legislation streamlining Missouri’s testing process for sexual assault evidence kits and it creates a statewide task force aimed at protecting the rights of assault victims. Senate Bill 569 requires the state to create a centralized place to store untested rape kits and requires those kits to be stored for at least five years. Missouri has about 6,800 untested rape kits.

Tort Reform
Senate Bill 591 puts new limits on punitive damages in liability lawsuits. It allows juries to award punitive damages only when plaintiffs prove by clear and convincing evidence that defendants “intentionally harmed” someone without just cause or acted with “deliberate and flagrant disregard for the safety of others.” The business-friendly measure is sponsored by Sen. Bill White, R-Joplin.

Medical marijuana
Lawmakers passed changes to the state’s new medical marijuana industry. The FBI informed the state health department, which regulates the industry, that the Missouri agency will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation will clear up that problem. Under House Bill 1896, the agency requires fingerprints from medical marijuana business employees and department employees associated with licensing medical marijuana businesses. It bans medical marijuana edibles designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, are allowed.

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