Senator Bill White Archives

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

December 2, 2020 By Alisa Nelson

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.

Sen. Ed Emery, R-Lamar, is the sponsor of the proposal, Senate Bill 1.

Major Missouri bills awaiting governor’s action

July 13, 2020 By Alisa Nelson

Gov. Mike Parson has a matter of days left to take action on a number of bills passed during the Missouri Legislature’s regular session. Here is a list of some of the key measures awaiting a decision by the governor:

Gov. Parson signing budget bills (Photo courtesy of his Flickr account)

Partial motorcycle helmet law repeal and Hyperloop
House Bill 1963 is a sweeping transportation bill that would include a partial repeal of the state’s motorcycle helmet law. Motorcycle drivers 26 years and older could go helmetless if they have their own health insurance. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet. The measure would also let a state commission create a public-private partnership to build a Hyperloop tube travel system in Missouri, but would ban the use of eminent domain to build one.

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 DHSS will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem. Under House Bill 1896, the agency could also require fingerprints from medical marijuana business employees as part of the licensing or certification process. The measure would require department employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. The bill would also ban 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.

Rape kit testing efforts
Sen. Andrew Koenig’s legislation would require Missouri hospitals to perform a forensic exam using an evidence kit upon the request and consent of a sexual assault victim. Senate Bill 569 would give hospitals access to virtual and in-person training on how to use the kits. It would also require the state to create a centralized place to store unreported rape kits and require those kits to be stored for at least five years.

Missouri has about 6,800 untested rape kits. State Attorney General Eric Schmitt’s office has shipped about 1,000 of those to a lab for testing and is working to get all of them tested.

Electronic monitoring within patient rooms of long-term healthcare centers
Under House Bill 1387, residents of long-term care centers in Missouri would be allowed to have authorized electronic monitoring devices within their rooms. Facilities and any residents with such monitoring must post a visible sign indicating that rooms, including the room of the resident, are being monitored. The gadget must be owned and operated by the resident or the resident’s legal guardian. Representative Jim Murphy, R-St. Louis, is the bill sponsor.

No state taxes on federal stimulus payment
Sen. Tony Luetkemeyer, R-Parkville wants to prevent Missourians from being taxed by the state for their federal coronavirus stimulus payment. He says the money was already free of federal taxes, but was subject to state income taxes. Senate Bill 676 would also require county assessors to do a physical inspection of real estate prior to increasing a property’s assessment more than 15%.

Other bills already signed by the governor include:

Tort Reform
Senate Bill 591 puts new limits on punitive damages in liability lawsuits. The legislation 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.” Sen. Bill White, R-Joplin, sponsored the Republican and business-friendly bill.

Crime megabill
Gov. Parson has signed into law sweeping changes aimed at cracking down on violent crime. Senate Bill 600 creates mandatory prison sentences for several violent crimes, and creates a new offense of vehicle hijacking. Sen. Tony Luetkemeyer’s bill defines street gangs and specifies that gang members could face a felony for being part of a gang.

Mail-in voting during pandemic
Current state law allows voters to mail in their election ballots for reasons like illness or travel. Under Senate Bill 631, sponsored by Sen. Dan Hegeman, R-Cosby, voters can say they are ill if they are 65 or older, live in a nursing or assisted home or have certain health conditions, including heart problems, asthma, or chronic lung disease.

Voters who cannot use one of the excuses can still mail in their ballot, but they are required to get their ballot notarized. The approach – to help prevent the spread of the coronavirus – would only be allowed during this year’s August and November statewide elections.

Key bills passed by the Missouri Legislature this coronavirus shortened session

May 16, 2020 By Alisa Nelson

Another Missouri legislative session is in the books and it was like no other. Two things that stick out – lawmakers participated in the second regular session of the 100th General Assembly and they did their work while a global pandemic came knocking on Missouri’s door.

Lawmakers took an unexpected break for about four weeks during the height of the state’s coronavirus outbreak – making the chances of getting their priorities passed a steeper hill to climb this year. Since returning, much of the focus has been on passing a state budget for the fiscal year beginning in July.

The Missouri House’s paper toss tradition on the last day of the session (Photo courtesy of Tim Bommel, House Communications)

Here is a look at some of the top bills that made it across the finish line this session and await the wave of Gov. Mike Parson’s mighty pen to either sign or veto them.

Fiscal Year 2021 State Operating Budget
The $35.2 billion state budget banks on billions of dollars in federal funding making its way to Missouri’s bank account. If Washington’s help falls short, the state will have to shift cash around to balance the budget. Senate Appropriations Committee Chairman Dan Hegeman, R-Cosby, anticipates lawmakers to get called back in later this year to make some tweaks to the state’s financials.

Some of the highlights of the budget bills include:
*Slashing 134 unfilled state worker positions
*No state worker pay increase
*$3.5 billion in base funding for Missouri’s K-12 public schools (no increase)
*$95 million for school bus funding – a $13 million reduction over the current year
*$146 million to Missouri community colleges
*$41 million for the A+ college scholarship program (no increase)
*$66 million for the Access Missouri college scholarship program (no increase)
*$10 million for a future research complex in Columbia that could find cures like cancer
*$35 million to rural hospitals battling the coronavirus
*$30 million in potential federal money to small businesses
*$20 million of possible federal funding for meat processing plants to protect workers from the coronavirus
*$8 million for Amtrak services – a $1.1 million reduction over the current year
*$50 million into a transportation cost share program that matches up to 50% of the construction contract costs for selected public and private projects.
*$42 million for reimbursements to Missouri counties for jailing and transporting inmates who eventually go to state prison. Another $8 million would help to pay for the debt owed to counties for such unpaid bills.

Partial motorcycle helmet law repeal and Hyperloop
House Bill 1963 is a sweeping transportation bill that would include a partial repeal of the state’s motorcycle helmet law. Motorcycle drivers 26 years and older could go helmetless if they have their own health insurance. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet. The measure would also let a state commission create a public-private partnership to build a Hyperloop tube travel system in Missouri, but would ban the use of eminent domain to build one.

Taking a bite out of crime
State lawmakers have adopted a crime bill. Features of Senate Bill 600 include creating a vehicle hijacking felony offense, defining street gangs and specifying that gang members could face a felony for being part of a gang. Under Sen. Tony Luetkemeyer’s bill, criminals found guilty of armed criminal action would also face much stiffer prison sentences, depending on how many times they’ve committed the crime.

No state taxes on federal stimulus payment
Sen. Tony Luetkemeyer, R-Parkville wants to prevent Missourians from being taxed by the state for their federal coronavirus stimulus payment. He says the money was already free of federal taxes, but was subject to state income taxes. Senate Bill 676 would also require county assessors to do a physical inspection of real estate prior to increasing a property’s assessment more than 15%.

Effort to allow mail-in voting during pandemic
Current state law allows voters to mail in their election ballots for reasons like illness or travel. Under Senate Bill 631, sponsored by Sen. Dan Hegeman, R-Cosby, voters can say they are ill if they are 65 or older, live in a nursing home or have certain health conditions, including heart problems, asthma, or chronic lung disease.

Voters who can’t use one of the excuses can still mail in their ballot, but they are required to get their ballot notarized. The approach – to help prevent the spread of the coronavirus – would only be allowed during this year’s August and November statewide elections.

Legislative redistricting
Missouri voters will get to decide in November if they should change a legislative redistricting process they passed in 2018. Senate Joint Resolution 38, sponsored by Sen. Dan Hegeman, R-Cosby, would let a bipartisan commission redraw districts, instead of Clean Missouri’s process of using a nonpartisan demographer. It would also ban lobbyist gifts, instead of Clean Missouri’s $5 limit, and put a $2,000 cap on Senate candidate political donations, instead of the current $2,500.

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 DHSS will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem. Under House Bill 1896, the agency could also require fingerprints from medical marijuana business employees as part of the licensing or certification process. The measure would require department employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. The bill would also ban 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, shall be permitted.

Tort Reform
The Missouri Legislature has passed new limits on punitive damages in liability lawsuits. The legislation, Senate Bill 591, would allow 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.” Sen. Bill White, R-Joplin, sponsored the Republican and business-friendly bill.

Rape kit testing efforts
Sen. Andrew Koenig’s legislation would require Missouri hospitals to perform a forensic exam using an evidence kit upon the request and consent of a sexual assault victim. Senate Bill 569 would give hospitals access to virtual and in-person training on how to use the kits. It would also require the state to create a centralized place to store unreported rape kits and require those kits to be stored for at least five years.

Some of the key bills that died this session involve:
*Collecting sales taxes from e-commerce companies that do not have a physical presence in Missouri
*Creating a statewide prescription drug monitoring program
*Legalizing sports betting
*Putting restrictions on slot machines popping up in bars, restaurants and gas stations
*Expanding charter schools statewide

During the final day of the session, several lawmakers spent time giving their heartfelt wishes to their departing colleagues. Term limits will force some of the elected officials out of office after this year.

Missouri House or Senate coffee? The longtime discussion brews again

January 8, 2020 By Alisa Nelson

Sen. Denny Hoskins, R-Warrensburg

The coffee will be flowing for brew addicts during this opening day of the Missouri legislative session. When the chambers are in session and sometimes burning the midnight oil, a good cup of java can make the world go round, especially when debate is not so riveting.

A longtime discussion among those who frequent the Missouri Capitol surrounds which chamber has better coffee. According to an unscientific poll of three lawmakers who have served in both the House and the Senate, there’s no question.

“The Senate’s coffee is a lot better than the House,” says Sen. Denny Hoskins, R-Warrensburg. “It’s just a lot more bold and spicy, I believe, in the Senate. In fact, I see a lot of State Representatives come down here to get their coffee versus the coffee that they have in the House. I have yet to see one State Senator head down to the House of Representatives to get coffee down there.”

Sen. Eric Burlison, R-Springfield, says he consumes a lot of coffee – without the doctoring of cream and sugar additives.

“For me, the best coffee is the most readily accessible,” Burlison says. “I’m not picky. I think the grounds are the same whether it’s on the House side or Senate side. I can’t tell a difference.”

Sen. Eric Burlison, R-Springfield

Burlison might also give you a lesson about coffee. Last year, he and his wife visited Costa Rica and toured some coffee plantations.

“When you are looking for coffee beans, you want to look for ones that say peaberry. It’s got more flavor and it roasts a little bit better. Most stores sell them at the same price, but you’re getting a lot better quality of a coffee bean. I don’t think either the House or the Senate is buying peaberry coffee nor are they grinding the coffee beans,” he says.

Burlison, a member of the Senate Conservative Caucus, says the state-funded java gets the job done in an efficient and affordable way.

Sen. Bill White, R-Joplin, has a system for his coffee needs.

“The Senate side definitely has coffee that is better than the House. Although my own coffee is a lot better than either of them,” says White. “I drink the coffee on the Senate side when it’s really late at night and I’ve already run up and down the stairs twenty times or something is going on and I just need a quick refill before something happens on the floor, I’ll drink out here. But generally I’ll go upstairs and use my Keurig machine. I have not since I’ve been in the Senate gone back to the House for coffee. No.”

Sen. Bill White, R-Joplin

He has a worthy theory behind what could make the Senate coffee an easier drink to swallow.

“My impression is that they brew it more often, because a lot of times I’ll run into somebody in there firing up one of the pots,” he says. “There’s five or six of them in there. Whereas the House has the great big huge machines that I think they make once or twice a day and it just sits there and kind of gets a little burnt flavor.”

Senate coffee – 2. House coffee – 0. Whatever coffee I can get my hands on first – 1.