Thursday, April 25, 2019

Published:04/05/2019

The House continues to push bills out of their chamber at a quick pace.  It isn't uncommon for the House to perfect and third read 15 or more bills over the course of a week.  As of Thursday, they have sent 119 bills to the Senate.  The Senate continues to take a more measured and deliberate approach to many of the bills in their chamber.  The Senate by comparison has only sent the House 57 bills.   As is customary about this time of year, the Senate has now rolled all bills from their formal perfection calendar onto the informal calendar.  This allows the Majority Floor Leader to decide when to go to particular bills rather than being required to take them in order.    With this being done all bills are now on the informal calendar.

On Tuesday afternoon the Senate took up the charter school bill and worked on it until nearly 2 am Wednesday morning.  Over the course of the afternoon and night a significant number of senators joined in the discussion on the bill.  Seeing no way to bring the debate to a close, Senator Bill Eigel, the sponsor laid it over on the informal calendar with no final vote being taken.  The Senate is hopeful to go back to the bill to see if any compromises can be reached.  However, it appears an agreement among the interested groups is going to be very difficult to negotiate.

Most committees in the House and Senate have now begun hearing bills which have been passed by the other chamber.  Many committees in the House are still hearing House bills to give sponsors the opportunity to have their bills heard and voted on in committee.  Sponsors will then take the positive committee action and try to add their bills to others moving through the process.

On Monday evening the House Judiciary Committee heard HBs 248 and 262 which would make some significant changes to workers' compensation administrative law judge statutes.  According to the sponsors, the intent of the bills is to establish a mechanism for review of the job performance of administrative law judges.  These bills are supported by Governor Mike Parson's administration.  The Department of Labor and Industrial Relations testified in support of both bills.  Both bills were opposed by the trail attorneys and other attorneys noting their concern that adopting these changes could politicize the administrative law judge selection process. There was no final vote taken on either bill following the committee hearing.  A link to the bill summary for HB 248 follows if you'd like to review the bill.  https://house.mo.gov/billtracking/bills191/hlrbillspdf/0756H.01I.pdf

Given how late it is in session, it will be difficult for these bills to make it all the way through the process before the General Assembly adjourns in mid-May.  This will not prevent the sponsors from trying to offer their bills as amendments to another bill dealing with workers' compensation.

HB's 248 and 262 are very similar to SB 248 filed by Senator Justin Brown.  Brown's bill was heard some time ago in the Senate Government Reform Committee.  During an executive session on April 2nd the committee took up a Senate Committee Substitute and voted it out of committee.  One of the significant changes made in the SCS is to subject the administrative law judge appointments to the advice and consent of the Senate.  The bill was turned in for placement on the Senate Perfection Calendar.

SB 71, also filed by Senator Brown, was Third Read in the Senate.  This bill prohibits the inclusion of bonuses or retirement contributions from being included in determining a workers' compensation premium.  The bill now goes to the House.

Attached is the updated bill summary and status report.   Please let me know if you have any questions.

Mike

MSIA LEGISLATIVE REPORT

04-04-2019 - 20:33:29

Top of Form

HB 48

Bangert, Gretchen(D)

Establishes   a presumption that an emergency worker diagnosed with post-traumatic stress   disorder incurred the disorder in the course of employment as an emergency   worker.

Last Action:

1-10-19   H Read second time

HB 115

Remole, Tim(R)

Specifies   that board members of a nonprofit organization are exempt from workers'   compensation requirements.

Last Action:

4-   9-19 H Meeting set for 5:00 PM or Upon Adj., whichever is later, HR,   House-Judiciary

HB 231

Kolkmeyer, Glen(R)

Modifies   provisions of civil procedure regarding joinder and venue.

Last Action:

4-   8-19 H Set on the House Calendar

HB 248

Schroer, Nick(R)

Modifies   provisions relating to workers' compensation law.

Last Action:

4-   2-19 H Public hearing completed

HB 261

Taylor, Jered(R)

Modifies   provisions relating to second injury fund liabilities and self-insurance   regulations.

Last Action:

1-10-19   H Read second time

HB 262

Taylor, Jered(R)

Modifies   provisions relating to the Division of Workers' Compensation.

Last Action:

4-   2-19 H Public hearing completed

HB 562

Helms, Steve(R)

Changes   provisions relating to multiple employer self insured health plans.

Last Action:

1-15-19   H Read second time

HB 716

Schroer, Nick(R)

Modifies   provisions relating to workers' compensation for certain employees.

Last Action:

4-   2-19 H Referred to House Committee on House-General Laws

HB 862

Roden, Shane(R)

Modifies   provisions relating to leaves of absence for public employees and workers'   compensation for firefighters.

Last Action:

2-11-19   H Read second time

HB 1032

DeGroot, Bruce(R)

Modifies   provisions relating to workers' compensation.

Last Action:

4-   3-19 H Referred to House Committee on House-Judiciary

HB 1137

Hill, Justin(R)

Modifies   provisions relating to the misclassification of workers.

Last Action:

4-   3-19 H Referred to House Committee on House-Rules-Legislative Oversight

HB 1184

Clemens, Doug(D)

Modifies   provisions relating to determination of coverage under workers compensation   insurance.

Last Action:

3-   1-19 H Read second time

SB 71

Brown, Justin(R)

Modifies   provisions relating to workers' compensation premiums

Last Action:

4-   4-19 H Reported to the House and first read

SB 99

Wieland, Paul(R)

Enacts   the "Missouri Reinsurance Plan"

Last Action:

1-23-19   S Referred to Senate Committee on Senate-Insurance and Banking

SB 154

Luetkemeyer, Tony(R)

Modifies   laws regarding arbitration agreements between employers and employees

Last Action:

4-   8-19 S Set on the Senate Calendar

SB 156

Wallingford, Wayne(R)

Creates   new provisions relating to workers' compensation proceedings

Last Action:

2-28-19   S Voted do pass from committee on Senate-Small Business and Industry

SB 212

Sifton, Scott(D)

Modifies   provisions relating to occupational diseases under workers' compensation laws

Last Action:

1-31-19   S Referred to Senate Committee on Senate-Small Business and Industry

SB 227

Sater, David(R)

Enacts   new provisions allowing employer policies relating to employee drug use

Last Action:

2-21-19   S Voted do pass from committee on Senate-Small Business and Industry

SB 248

Brown, Justin(R)

Modifies   provisions relating to workers' compensation judges

Last Action:

4-   2-19 S Voted do pass as substitute from committee on Senate-Government Reform

SB 281

Brown, Justin(R)

Creates   new provisions relating to occupational diseases diagnosed in first   responders.

Last Action:

2-13-19   S Not heard in committee Senate-Insurance and Banking

SB 294

Hough, Lincoln(R)

Creates   new provisions relating to workers' compensation for firefighters

Last Action:

3-   6-19 S Hearing conducted

SB 316

Burlison, Eric(R)

Modifies   provisions on permanent total disability benefits

Last Action:

4-   8-19 S Set on the Senate Calendar

SB 317

Burlison, Eric(R)

Establishes   the Silica Claims Priorities Act which prohibits a person from bringing a   claim for injuries caused by silica unless certain evidence is presented

Last Action:

3-   5-19 S Voted do pass from committee on Senate-Government Reform