Have you heard?
by Phil Hess
Workers' compensation is a hot topic in Jefferson City. What is going on? Everyone, the defense bar, the plaintiff bar and the judiciary, is curious about what is happening and what will be the result.
The best resource to follow along is the General Assembly's web site: www.moga.state.mo.us. From here, you can learn which bills mention workers' compensation. A word search brings up four Senate Bills and four House Bills, SB 1, SB 35, SB 111, SB 130, HB 98, HB 148, HB 207 and HB 299. You can navigate the web site to read the full text
of the bills and the biographies of their sponsors. You can follow each bill's activity, such as committee hearings and substitutes.
Important dates to be aware of during the session are 3/1/05, 3/17-29/05, 5/6/05 and 5/13/05. No new bills can be filed in the Senate after 3/1. Both chambers are closed for spring break from 3/17 to 3/29. The budget will take precedence leading up to 5/6 when it must be Truly Agreed and Finally Passed. The legislative session closes at 6:00 P.M. on 5/13/05.
Traditionally, one chamber of the Assembly will take the lead on a legislative issue. That chamber will usually pick one bill, of several pending on
the topic, to act as a vehicle for that issue. Various substitutions and amendments modify that bill. One way to predict what may alter a bill's content is to read the other pending bills on the topic. Chances are their sponsors will want to try to amend the moving vehicle with the content of these bills.
This year, in workers' compensation, the lead chamber is the Senate. The vehicle bill is Senate Bill 1 or SB1. SB1 is assigned to the Senate Small Business, Insurance, and Industrial Relations Committee. It conducted hearings on SB1 on 1/12 and 1/20/05. The bill was substituted by the Committee adding, among other things, the contents of SB35 and SB130. One of the drawbacks of the government's web site is the delay in the posting of substitute bill text. Often this text finds its way around by email long before it is posted on the site. As of 1/30/05 the substitute was not posted on line.
On 1/26/05 the Committee voted 6 to 3, along party lines, to pass the bill on to the Senate floor for debate with a “do pass” recommendation. The bill, now know as Senate Committee Substitute for SB1 or SCS SB1, will now go onto the Senate Calendar for floor debate and a vote. The bill is not on the Senate's calendar yet but may be within the next week or two. Additional substitutions may occur before the debate or again during the debate. Amendments may be added by a vote during debate as well. If changes occur by substitution or amendment, the bill will become known as the Senate Substitute for the Senate Committee Substitute for SB1 or SS SCS SB1.
When passed the bill will move over to the House and repeat the process. With House Committee hearings and potential substitutes, House floor debates and potential floor substitutes or amendments, and passage, the bill could become a HS HCS SS SCS SB1!
Assuming the House changes the content passed by the Senate, the bill would then go to a conference committee made up of both Senate and House members. They confer to try to agree on a compromise version of the bill. They cannot come up with new statutory language at this point. They can only mix, match and delete from the contents of the versions passed by the two chambers. The conference committee substitute would then go back to each chamber for debate and passage. Once passed, the bill will go to Governor Blunt to sign. Generally the effective date of new legislation is 8/28.
We all have a stake in this process, as do our clients. Please take the time to make your feelings known to your State Representative and Senator. Get your clients involved as well. Direct input really can make a difference. If the politicians only here one view who is to blame them for the result?
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