As of Friday, May 4, 2007 the Second Injury Fund-related legislation with the best chance of advancing this session was SB 668.  Though initially a much broader version, the Senate passed a cleaner version which would abrogate the Schoemehl decision (prospectively) and appoint a Joint Legislative Committee to study the Second Injury Fund.

SB 668 as perfected by the Senate can be viewed at:

            http://www.senate.mo.gov/07info/pdf-bill/perf/SB668.pdf

SB 668 was heard in the House Workforce Development & Workplace Safety Committee on Wednesday.   However, the Committee Chairman, Rep. Steve Hunter ended the hearing without going into Executive Session and passing the bill out of the Committee.  With just two weeks left in the regular Session, it would have to be passed out of Committee and passed by the House without any changes, or it would go back to the Senate.  However, the language could be attached to other bills as amendments at any time, which certainly isn’t uncommon in the last days and hours of the end of session.

For example, Senate Bill 520 which originally dealt with employment posters, was loaded up with various amendments regarding the Fund and passed out of Chairman Hunter’s Committee. 

That version of SB 520 can be viewed at:
 

            http://www.senate.mo.gov/07info/pdf-bill/hcs/SB520.pdf

The State Auditor released her audit regarding the Second Injury Fund’s solvency last week, which finds that the 3% cap on the SIF surcharge put in place by SB1 in 2005 will likely cause the fund to become insolvent sometime in 2008.  That audit can be found at:
 

http://www.auditor.mo.gov/press/2007-19.pdf

Note from Editor: No legislation concerning workers' compensation passed.