Small Business Legislative Update: March 25, 2005

Friday March 25, 2005

Bill will limit workers’ compensation claims by creating new definitions

Senate Bill 1 seeks to overturn court interpretations of the current workers’ compensation law. The bill specifically addresses the definitions of "accident,” "occupational disease," "arising out of,” "in the course of the employment" and "owner" to refute prior case law. The bill proposes to require a work accident to be the “prevailing factor” causing both the resulting medical condition and disability, thus replacing the existing standard that allows compensation in the workplace accident was a “substantial factor.” Injuries sustained in a company owned or subsidized vehicle while traveling to or from the workers home would no longer be compensable. SB1 has been passed by both the House and Senate and is before the Governor for signing. For full text, see: http://www.senate.mo.gov/05info/BTS_Web/BillText.aspx?SessionType=R&BillID=126

The Missouri Quality Jobs Program Act provides incentives for job creation and retention

The Missouri Quality Jobs Program Act gives incentive payments to “basic industry” (a very broad definition excluding service businesses such as law and medical practices) -- businesses that create 150 new full-time equivalent jobs or retain 300 jobs, pay at least 50 percent of their employees’ health care premiums and compensate at or above the county average wage for the length of the incentive period. The Act also contains gross payroll and individual employee payroll requirements. The incentive payments are paid quarterly over ten years and are equal to the net benefit rate multiplied by the actual gross payroll of new direct jobs for that quarter. The Act also provides incentives for those with businesses mainly selling out of state and businesses located in areas given federal priority. SB545 is assigned to the Senate Economic Development, Tourism & Local Government Committee. A hearing is scheduled for March 30, 2005 on this bill. The bill can be viewed at the Missouri Senate site at:
http://www.senate.mo.gov/05info/billtext/intro/SB545.htm

Governor Blunt has announced the Act in the following press release:
http://www.gov.mo.gov/press/QualityJobs_031605.htm

Bill allows small businesses to deduct expenses for supplying employees health insurance from AGI

Senate Bill 459 proposes a small business health insurance expenses deduction. Small businesses with fewer than 50 employees would be able to subtract all expenses for providing health care insurance to employees from their adjusted gross income for computing Missouri income tax. The bill is assigned to the Senate Small Business, Insurance & Industrial Relations Committee, and a hearing was held on March 16, 2005. The bill can be viewed at the Missouri Senate Site:
http://www.senate.mo.gov/05info/billtext/intro/SB459.htm

Employers cannot differentiate pay levels between the sexes

Currently Missouri statute sections 290.400-290.450 make it unlawful for employers to pay female employees different wages for doing the same job as their male counterparts. This proposed bill makes it unlawful to differentiate the pay between like employees of opposite gender. The bill was referred to the House Workforce Development and Workplace Safety committee on March 17, 2005. The bill can be viewed at the Missouri House Site: http://www.house.mo.gov/bills051/biltxt/intro/HB0740I.htm

Updates on previously reported bills:

Bill proposes to create a Missouri catalog of assistance programs
Bill HB32 is assigned to the House Job Creation and Economic Development committee and can be viewed at the Missouri House site at: http://www.house.mo.gov/bills051/biltxt/intro/HB0032I.htm
No actions taken.

Bill seeks to strengthen the Small Business Regulatory Fairness Board legislation
Bill HB576 can be viewed at the Missouri House site at: http://www.house.mo.gov/bills051/biltxt/intro/HB0576I.htm
Further actions: The bill was assigned to the House Small Business Committee, and on March 10, 2005 the committee voted “do pass” on the legislation. It is up for debate.

Bill attempts to increase the dollar value of cases that small claims court can hear
Bill HB582 can be viewed at the Missouri House site at: http://www.house.mo.gov/bills051/biltxt/intro/HB0582I.htm
Further Actions Taken: Referred to the House Judiciary Committee; a public hearing was held on March 1, 2005.

Small employers will be allowed to obtain medical coverage under the Missouri Consolidated Health Care Plan
Bill SB277 can be viewed at: http://www.senate.mo.gov/05info/billtext/intro/SB277.htm
No actions taken.

Bill requires only U.S. citizens or lawful workers be employees of contractors or subcontractors working on state service contract
Bill HB158 can be viewed at: http://www.house.mo.gov/bills051/biltxt/intro/HB0158I.htm
Further Actions Taken: House Job Creation and Economic Development Committee held a public hearing on March 9, 2005.

Tort reform bill limits forum shopping and damages
Bill HB393 can be viewed at: http://www.house.mo.gov/bills051/biltxt/perf/HB0393P.HTM.
Further Actions Taken: Bill has been passed by both Houses and was placed before the Governor on March 17, 2005. The Truly Agreed text of the bill can be viewed at: http://www.house.mo.gov/bills051/biltxt/truly/HB0393T.HTM

Links to Senate and House committees that were mentioned above:

• Senate Small Business, Insurance & Industrial Relations Committee
  http://www.senate.mo.gov/05info/comm/sbir.htm
  
  
• Senate Judiciary & Civil and Criminal Jurisprudence Committee
  http://www.senate.mo.gov/05info/comm/judi.htm
  
  
• House Job Creation and Economic Development Committee
  http://www.house.mo.gov/bills051/commit/com172.htm
  
  
• House Small Business Committee
  http://www.house.mo.gov/bills051/commit/com176.htm