Legislative Update from Representative Gatschenberger
April 25, 2011
St. Charles County, MO
As session continues to heat up before the final stretch, the Missouri House continues to pass new job-creating reforms. We want to avoid the last-minute confusion we often hear about in Washington D.C. by getting things done early. We truly agreed and finally passed a bill to help eliminate junk lawsuits that employees file against their employers.
The Missouri Human Rights Act (“MHRA”) is our state’s version of Title VII of the Civil Rights Act—it punishes employers for discriminating against employees in protected classes, including race, sex, national origin, age, or religion.
The problem with the MHRA is that it is enforced differently than the federal law—basically, Missouri Businesses are forced to be in compliance with two anti-discrimination laws that say different things. They may be in compliance with one, but not the other, and it is very confusing.
Additionally, under the federal law, an employer can get a frivolous lawsuit thrown out of court early in the process through “summary judgment.” This greatly reduces the cost of defending against junk lawsuits, and allows employers to spend more money on creating new jobs, and less on legal fees.
Missouri courts have interpreted the MHRA so that employers cannot get frivolous lawsuits thrown out before trial at “summary judgment.” This means that if an employee has it out for an employer, they can file junk lawsuits and the employer is forced to spend money defending them all the way to trial. Our bill would amend the MHRA so that it is interpreted like Federal laws. This will make it easier for our businesses to be in compliance and make sure they are not breaking the law.
Also, we added damage caps to MHRA cases. The larger the business an individual is suing, the more money they can collect. We want to protect small businesses that are growing and hiring new people from being wiped out by a single lawsuit—harmed individuals should certainly receive compensation, we just don’t want that compensation to cost several other people their jobs.
Finally, this bill adds “whistleblower” protection to the MHRA. Currently, if an employee refuses to do something at work that is illegal, it may be possible for their employer to fire them for insubordination. We think that it is important to protect employees who refuse to engage in illegal activity at work, or who report this illegal activity to their manager or the proper authorities.
Third Readings
Legislation that I sponsored, HB 305 establishing the 2011 State Employee Retirement Incentive Program, was third read and passed. This legislation incentivizes eligible state employees to retire. It helps minimize state worker layoffs and promotes the retirement of long-term employees hereby opening up positions for individuals seeking new employment.
A second bill I sponsored, HB 300, in conjunction with HBs 334 and 387, sponsored Rep. Jay Barnes (R-114), and Rep. Zach Wyatt (R-2), respectively, was third read and passed. These bills provide clear guidelines and procedures surrounding brain injuries sustained by our young athletes during training and competition. The goal is to improve outcomes and minimize the possibility of aggravating an existing injury.
HCS HJR 3, sponsored by Rep. Tom Loehner (R-112), was third read and passed by a vote of 120 to 35. This resolution calls for amending the Missouri Constitution to solidify the right of Missouri farmers to raise their livestock without the state imposing any undue burdens or regulations. Agri-business IS the number one industry in the State of Missouri. As the member of a family with deep farming roots all over our State (and very proud of the fact that the “Jones Family Farm” remains in the family) I was very proud to support this bill on the House Floor. If you like to eat, then you are a supporter of HCS HJR 3!
HB 291, sponsored by Rep. Charlie Denison (R-135), was third read and passed by the overwhelming vote of 149 to 4. This bill will require window stickers to show current motor vehicle registration instead of license plate tabs. The current system of placing stickers on your license plates would be phased out and replaced with a window sticker system. With interior stickers, the incidence of theft will be greatly diminished; saving the state time and money by not having to replace them.
HCS HB 840, sponsored by Rep. Caleb Jones (R-117), was third read and passed by a vote of 142 to 14. This bill establishes the Aerotropolis Trade Incentive and Tax Credit Act to encourage foreign trade by authorizing the St. Louis City Mayor or the executive officer of certain counties to designate a gateway zone. This will help increase international business trade by encouraging the establishment of a hub for international trade routes at the Lambert-St. Louis International Airport. This can only positively impact the economy and create needed jobs for Missourians.
HCR 37, sponsored by Rep. Diane Franklin (R-155), was third read and passed. This resolution gives recognition of every third week of June as Diabetic Peripheral Neurophathy Week.
HCS #2 HB 609, sponsored by Rep. Chris Molendorp (R-123), was third read and passed. This bill would establish Missouri’s health insurance exchange. The “Show-Me Health Insurance Exchange Act” places Missouri in compliance with one of the numerous federal mandates imposed on the states in the Patient Protection and Affordable Care Act of 2010 (PPACA). Because our Governor has refused to request a waiver for Missouri from ObamaCare, either we establish an exchange or the federal government will create one and force it upon us. As written into PPACA, non-compliance would result in further federal encroachment into what should be state business so it was appropriate for us to create what would be best for Missouri and protect our state sovereignty.
HCS HB 111, sponsored by Rep. Stanley Cox (R-118), was third read and passed. This bill relates to changes in judicial procedures and touches on a variety of issues. For more information about HC HB 111, visit www.house,mo.gov.
HCS HBs 223 & 231, sponsored by Rep. Wayne Wallingford (R-158) and Rep. Mike Thomson (R-4), respectively, were third read and passed. HCS HB 223 establishes the Nursing Education Incentive Program and authorizes a nonrenewable advanced placement grant to any recipient of financial aid under the A+ Schools or Access Missouri programs. HC HB 231 requires the Department of Higher Education to make available a nonrenewable advanced placement grant of $500 to certain recipients of financial aid under the A+ Schools or Access Missouri programs.
HCS HB 430, sponsored by Rep. Eric Burlison (R-136), was third read and passed. This bill deals with the laws regarding special license plates, municipal streets, traffic light change interval times, and household goods motor carrier regulations.
HB 591, sponsored by Rep. Donna Lichtenegger (R-157), was third and passed. This bill authorizes the Missouri Dental Board to issue a limited teaching license to a dentist employed as an instructor in an accredited dental school located in this state.
HCS HB 407, sponsored by Rep. Paul Wieland (R-102), was third read and passed. This bill would prohibit a person from preparing or issuing a certificate of insurance form unless it has been filed with the Department of Insurance, Financial Institutions, and Professional Registration.
HB 211, sponsored by Rep. Andrew Koenig (R-88), was third read and passed. This would prohibit the Department of Health and Senior Services from enforcing or enacting a rule or regulation relating to lead abatement that is stricter than those required by federal law.
HB 257, sponsored by Rep. Stanley Cox (R-118), was third read and passed. This would repeal the provisions regarding the Sentencing Advisory Commission. Sentencing should be based on the case at hand and not the average sentencing of other cases.
HCS HB 697, sponsored by Rep. Jason Smith (R-150), was third read and passed. This bill would specify that any administrative rule proposed, adopted, or amended by a state agency after August 28, 2011, must automatically terminate six years after its effective date.
HCS HB 555, sponsored by Rep. Grisamore (R-47), was third read and passed. This bill deals with the laws regarding individuals with disabilities.
HCS HB 464, sponsored by Rep. Cole McNary (R-86), was third read and passed. This bill would eliminate, combine, and revise certain state boards, commissions, committees, and councils; and change the laws regarding articles of incorporation by business entities.
HB 357, sponsored by Rep. Mike Leara (R-95), is scheduled to be perfected this week (Editor’s note: mid-April). This bill deals with the laws regarding enhanced enterprise zones.
Truly Agreed To and Finally Passed
SS SCS HCS HB 163 was truly agreed to and finally passed by the vote of 138 to 13. This bill, which has now been sent to the Governor for signing into law, allows the state to continue to receive extended federal unemployment benefit funds until August 28, 2013. While the overarching goal of the 96th General Assembly is to create an economic environment rich with opportunity, the fact remains, our unemployment rate is still high and the economy still sluggish. We must take measures to provide immediate assistance to those continuing to suffer due to this tough economy. At the same time, our efforts have led to the passage of many bills designed to promote business and create growth in Missouri’s economy.
From passage of tax incentives for the development of international trade routes through HCS HB 840, to protecting farmers rights and restricting undue and burdensome government regulation on Agri-business in HCS HJR 3, every week we are making significant steps toward positioning Missouri for future economic success and prosperity for Missourians.
SS SCS SB’s 113 and 95 was truly agreed to and finally passed by the vote of 85 to 71. This bill is the Senate version designed to address to issues developed in the passage of Prop B. Many argue that Prop B was designed to put lawful dog breeders out of business and did nothing to stop abusive procedures in unlicensed puppy mills. In addition, it has been argued that the mission of the organization that spent nearly five million dollars to get Prop B passed by a 1.5% margin, the Humane Society of the United States (HSUS), which is a separate organization from the Missouri Humane Society and the Missouri Animal Alliance, is to work towards ending animal agriculture completely. HSUS initiatives in other states such as California and Florida have been devastating on the agricultural industries in those states and many fear that Prop B was just the beginning. Time will tell where this issue eventually goes in our state.
SCS SB 188 was truly agreed and finally passed by the vote of 93 to 63. This bill deals with the issue of unlawful discriminatory practices.
SS SCS HB 209, sponsored by Rep. Casey Guernsey (R-3), was truly agreed to and finally passed by the vote of 110 to 45. This bill deals with the regulations surrounding nuisance lawsuits. There is a clear benefit to farmers and the agriculture industry by protecting farmers from continually being served with nuisance lawsuits. Under this legislation, plaintiffs would be required to prove how they were injured, and damages will be limited to fair market values. If we do not takes steps to end the assault on farmer and agribusiness (Missouri’s largest industry), the onslaught of regulation and litigation will strangle our farmers into extinction.
HCS HB 174, sponsored by Rep. Mike Thomson (R-4), was truly agreed to and finally passed by the unanimous vote of 151 to 0. This bill changes the composition of the Coordinating Board of Higher Education, the University of Missouri Board of Curators, and the Missouri State University Board of Governors.
For more information regarding any specific piece of legislation, visit www.house,mo.gov. As always, should you have questions, comments, or concerns, please contact me at 573-751-3572 or chuck.gatschenberger@house.mo.gov.
Tracking Legislation
If you would like to track legislation you may log on to www.house.mo.gov and select “Bill Information” and then select Bill Tracking. You may search by topic or bill number. If you want to track the bills that I have either sponsored or co-sponsored, just enter my last name and you will be able to look at each of those, too.
Quick Links:
For information on the Missouri House of Representatives: www.house.mo.gov
For information on Missouri State Government: www.mo.gov
For information on the Missouri Senate: www.senate.mo.gov
For information on Unclaimed Property in Missouri: www.treasurer.mo.gov/mainUCP.asp
For information on Highway Construction: www.modot.org
The US Debt Clock: www.usdebtclock.org
Copyright 2011 Neighbors About Town
