One of the 115 bills that passed during Missouri’s 2012 legislative session addressed a top priority of the HBA – preventing employees from suing their co-workers over accidental on-the-job injuries. The provision had passed earlier in the session but as part of a larger bill which was later vetoed by Democratic Gov. Jay Nixon.
The measure also would have provided businesses additional protection from legal costs by bringing occupational diseases under the workers’ compensation system. After compromise failed on the workplace discrimination and occupational disease provisions, lawmakers sent Nixon a bill last week dealing only with co-employee lawsuits which they anticipate the governor will sign. Nixon has also vetoed a measure, sponsored by Nixa area Representative Kevin Elmer, that passed early in the session which would have made it harder for employees to win workplace discrimination lawsuits. Legislators were unable to address the issue of the state’s financially troubled Second Injury Fund, which takes businesses off the hook for paying the claims of workers who have previous injuries or conditions and are re-injured on the job.
Also in the arena of business, another approved bill (HB 1661) clarified that a small business formed as a sole proprietorship, partnership, S-corporation, C-corporation, limited liability company, limited liability partnership, or other business entity can qualify for the income tax deduction for job creation by a small business and allows any flow-through entity to pass the deduction onto its members, shareholders, or partners.
Currently, any agricultural product that has been processed or otherwise had value added to it in this state must be given preference by the Commissioner of Administration or any state agent with purchasing power whenever competing bids are comparable. The general assembly passed legislation (HB 1231) to require forest products and bricks that have been processed or had value added to them in this state to also receive the preference.
Other issues which received attention this session included a measure passed by both houses authorizing local sales taxes on out-of-state car purchases. A recent Missouri Supreme Court decision knocked out local sales taxes on out-of-state auto purchases in cities and counties that have not passed use taxes. Governor Nixon has indicated he will likely veto that bill because it did not include requirements for a public vote. Another “truly agreed and finally passed” bill would give voters the final say on whether to enact a state law prohibiting the governor from establishing a state health insurance exchange. The federal health care law signed by President Obama requires states to create such online markets by 2014 or have the federal government run one for them. The Missouri measure would allow a state-created insurance exchange only if specifically authorized by a state law or a subsequent vote of the people. Proposals to change the state’s requirements regarding the prevailing wage for post-disaster public rebuilding projects did not make any progress this session.
The HBA of Missouri’s lobbyist Jewell Patek had been monitoring more than 80 pieces of proposed legislation potentially impacting the housing industry and small businesses. While there were a number of proposals to mandate statewide residential building codes, licensing, and common interest owner’s rights, none were finally approved.