Capitol Briefing: Month of September 2013

Veto Session Breaks Modern Records
in Missouri Senate
Lawmakers use mid-September session to carry on with committee work

JEFFERSON CITY – Members of the Missouri Senate had an unusually large number of bills to consider during their annual veto session held earlier this month.  Out of the 82 Senate bills sent to the governor for his approval, the state’s top executive official vetoed 19 of those measures, giving senators the opportunity to take up nearly all of those bills for the possibility of a veto override. 

Although each annual veto session can constitutionally run up to 10 calendar days, this year’s veto session was brief, only lasting one day.  However, lawmakers did make history during veto session this year, overriding the veto of 10 bills marked down by the governor, the most in 180 years when the Legislature was responsible for granting divorces in Missouri in the 1830s.

A motion to override a veto must be made by the primary sponsor of the bill in the originating chamber.  If approved by a two-thirds majority vote in one chamber, the bill then moves to the other legislative body for its consideration.  In the Senate, 23 members of the upper chamber must agree to override a governor’s veto; it’s 109 representatives in the House.

Senate Bills Taken Up for Veto Override

Senate Bill 9, sponsored by Sen. David Pearce, R-Warrensburg, creates the Career and Technical Education Advisory Council to make recommendations regarding the oversight and procedures for the handling of students’ career and technical education organization funds; allows the University of Missouri extension councils to form extension districts; provides for additional civil penalties to be imposed for violations of the Missouri Livestock Disease Control and Eradication Law; strengthens the crimes of stealing livestock and animal neglect, trespass and abuse; and prohibits foreign businesses from owning certain agricultural land, the main provision behind the governor’s veto.  Members of the Senate voted to override the veto on this bill by a vote of 23-10, and the House followed suit, securing enough votes to override the governor’s veto.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Pearce and Senate Minority Floor Leader Jolie Justus, D-Kansas City, during debate on SB 9 in the Senate chamber.

Another vetoed Senate bill was overridden in the upper chamber (25-9) and approved by the House.  Senate Bill 110 establishes procedures to follow in child custody and visitation cases for military personnel.  Sponsored by Sen. Dan Brown, R-Rolla, the bill includes a provision that increases the set of fingerprints a person needes to submit in order to provide emergency foster care or seek licensure as a foster parent.  In the governor’s veto letter, he stated the legislation proposes a burdensome solution to a process that could be addressed in a more straightforward manner.

A measure sponsored by Sen. David Sater, R-Cassville, establishes the Volunteer Health Services Act, allowing licensed health care professionals to provide volunteer services for a sponsoring organization.  The governor vetoed Senate Bill 129, describing the legislation as “unnecessary,” because Missouri already has a system in place that encourages volunteerism and protects both volunteer health professionals and the patients they treat. However, the Senate (25-9) and House disagreed with the veto, overriding the bill in each chamber.

Senate Bill 170, sponsored by Sen. Maria Chappelle-Nadal, D-University City, allows certain government officials to cast roll call votes in a meeting if they are participating via videoconferencing.  Before passage of this legislation, all roll call votes in public meetings held by governmental bodies could only be cast by officials who were physically present and in attendance at the meeting.  The governor vetoed the bill stating officials should cast their vote in person at meetings.  However, the Senate, by a vote of 31-3, and the House overrode the veto on the bill.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Chappelle-Nadal and Sen. Ryan Silvey, R-Kansas City, during debate on SB 170 in the Senate chamber.

Legislation addressing Missouri’s unemployment benefits received the governor’s veto in July.  Senate Bill 28, sponsored by Sen. Will Kraus, R-Lee’s Summit, defines two terms used when examining reasons to disqualify an individual for unemployment benefits: “misconduct” to knowingly disregard an employer’s interest and violate the standards the employer expects (regardless of whether or not it occurred at the workplace during work hours), and “good cause” as a compelling reason for an employee to cease working or require separation from work due to illness or disability.  The Senate successfully approved the motion to override the bill by a vote of 24-10.  However, the House failed to secure the votes need to override the vetoed measure.

The Senate also voted to override Senate Bill 34, sponsored by Sen. Mike Cunningham, R-Rogersville, which requires the Division of Workers’ Compensation to develop and maintain a workers’ compensation claims database that is searchable by an employee’s name and Social Security number.  The legislation, which received the governor’s veto in early July, streamlines the requests for workers’ compensation records that are already accessible by potential employers.  The House disapproved of the motion to override the vetoed bill.

The Senate also overrode the governor’s veto on a bill that prohibits Missouri or any town, city or county from implementing policy recommendations that infringe on private property rights.  Senate Bill 265, sponsored by Sen. Brian Nieves, R-Washington, relates to Agenda 21, a non-binding voluntary implemented action plan relating to sustainable development adopted in 1993 by the United Nations.  The bill also bans the state from entering into an agreement with, expending money for, receiving funds or contracting services from, or giving financial aid to any organization accredited and enlisted by the United Nations in order to assist in the implementation of Agenda 21.  The governor’s veto indicated the legislation would “force ambiguously worded restrictions on state and local governments.”  With a failing vote to override the veto in the House, the governor’s veto was sustained.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Nieves and Sen. Justus during debate on SB 265 in the Senate chamber.

Another measure sponsored by Sen. Nieves, Senate Bill 267, specifies how courts can rule in contractual disputes involving the laws of other countries and jurisdictional issues involving other countries.  The governor indicated the legislation would cast doubt regarding legal instruments including wills, trusts, marriage and divorce degrees, as well as contracts that involve foreign law.  Even though the Senate overrode the governor’s veto with a vote of 24-6, members of the House failed to approve the veto override motion.

Legislation sponsored by Sen. Brown, dubbed the “paycheck protection” measure, was taken up for a veto override, but failed by a vote of 22-11.  Senate Bill 29 would have allowed public employee labor unions to withhold fees from public employee paychecks only upon the annual written consent of the employee.  In addition, the measure would have required the employee’s annual consent for public employee labor unions to use fees and dues for political purposes.  The governor cited current law in his veto letter, stating employees may already elect to have their union dues withheld, along with money for college savings accounts, deferred compensation, and 401(k) plans.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Brown and Sen. Paul LeVota, D-Independence, during debate on SB 29 in the Senate chamber.

House Bills Successfully Overridden in the Senate

Several House bills, which received successful veto override motions by members of the other chamber, made their way over to the Senate for its similar consideration.  House Bill 19, handled in the upper chamber by Senate Appropriations Chairman Kurt Schaefer, R-Columbia, is a supplemental funding measure that allocates money for major additions and renovations, new structures, and land improvements or acquisitions.  The governor line-itemed vetoed a provision in the funding bill that allocates $1 million for reconstruction of the Pike-Lincoln Technical Center, an educational institution designed to offer career, technical and community education to residents of Pike, Lincoln and surrounding counties.  The House overrode this veto and the Senate agreed to do the same with a vote of 28-5.

The Senate also took up the veto override motion on House Bill 278, which prohibits any state or local government entity, including public buildings, parks and schools, from banning or restricting the practice, mention, celebration or discussion of any federal holiday.  Senator Ed Emery, R-Lamar, carried the legislation through the upper chamber, which approved to override the governor’s veto by a vote of 24-9.

House Bill 329, handled by Sen. Cunningham in the Senate, changes the laws regarding financial institutions, increasing the maximum fee from 5 to 10 percent on installment loans.  The motion on the veto override was approved in the House and passed in the Senate with a 25-9 vote.

Senate President Pro Tem Tom Dempsey, R-St. Charles, handled House Bill 339 in the upper chamber, which requires uninsured motorists to forfeit recovery of noneconomic damages under certain circumstances.  Also called the “No Pay, No Play” bill, the House voted to override the measure and the Senate followed course by voting 26-8 on the bill.

House Bill 650, handled by Sen. Brian Munzlinger, R-Williamstown, is a measure that relates to the Missouri Department of Natural Resources.  One such provision put a $2.5 million cap on punitive damages assessed in health-related claims against companies that own hard rock underground mining operations, which includes one of Missouri’s largest employers.  The House overrode the governor’s veto and the Senate voted to override the measure, 26-8.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Gary Romine, R-Farmington, and Sen. Ryan McKenna, D-Crystal City, during debate on HB 650 in the Senate chamber.

Finally, the Senate (26-8) and the House agreed to override the governor’s veto on House Bill 1035, handled by Sen. Eric Schmitt, R-Glendale.  This omnibus political subdivision measure creates the “Rebuild Damaged Infrastructure Program” to provide funding for the reconstruction, replacement, or renovation of or repair to any infrastructure damaged by a presidentially declared natural disaster in Missouri; addresses neighborhood improvement districts; and details how the value of a motor vehicle is found when determining personal property taxes, among other provisions.

Even though the veto override motion on House Bill 436 passed in the other chamber, the Senate failed to override the veto (22-12) on the bill known as the “Second Amendment Preservation Act.”  The legislation, handled by Sen. Nieves, would have rejected all federal acts that infringe on a Missouri citizen’s rights under the Second Amendment of the U.S. Constitution.

The Senate’s Daily Audio and Video Clips for Sept. 11 include comments from Sen. Nieves and Sen. Jason Holsman, D-Kansas City, during debate on HB 436 in the Senate chamber.

Other Senate Bills Vetoed By the Governor

Senators also had the opportunity to take up additional legislation originating in the upper chamber listed below for a possible veto override, none of which were considered on the Senate floor during the General Assembly’s one-day session.

An agriculture bill passed by the General Assembly and vetoed by the governor, Senate Bill 342, was sponsored by Sen. Mike Parson, R-Bolivar.  The veto pertained to a provision that would exempt Cape Girardeau from the section of state law that bans the Department of Natural Resources from issuing permits for mine pan boundaries that are within 1,000 feet of an accredited school.  This measure would have also extended the Missouri Wood Energy Producer Tax Credit and created the Missouri International Agricultural Exchange website that would have allowed Missouri-based agriculture sellers to post their products on the website at no charge, among other provisions. 

Senate Bill 43, sponsored by Sen. Munzlinger, is an omnibus transportation measure designed to change Missouri’s commercial vehicle law to conform to Federal Motor Carrier Safety Administration regulations, create the crime of assaulting mass transit workers, and address various provisions relating to those who drink and then get behind the wheel.  Another provision in the legislation would have designed a portion of Interstate 70 in Montgomery County as the “Graham’s Picnic Rock Highway,” which is also referenced as “Slave Rock,” highlighting the reason behind the governor’s veto.

Another transportation-related bill, Senate Bill 73, sponsored by Sen. Schaefer, would have permitted the use of a court-approved private probation service by a DWI court under limited circumstances.  However, this particular provision was already found in Senate Bill 327, sponsored by Sen. Bob Dixon, R-Springfield, and signed by the governor.  Sen. Schaefer’s legislation also contained a provision pertaining to motorcycle checkpoints, which is also contained in legislation already approved by the governor, Senate Bill 282, sponsored by Sen. Jay Wasson, R-Nixa.

Senate Bill 51, also sponsored by Sen. Muznlinger, would have also changed the way Missourians obtain a free license plate tab in order to replace a stolen tab, brought Missouri into compliance with federal motor carrier safety regulations, and allowed any out-of-state college that had its application for a specialty license plate approved before a previous date to continue to use its official emblem on Missouri license plates.  The bill would have also increased the registration fee charged for issuing driver’s licenses, motor vehicles registrations, and other motor vehicle-related services.  The governor stated Missourians should not be required to pay additional fees to renew their driver’s license or receive their vehicle registration without any improvement in the services they receive.   

Legislation sponsored by Sen. Scott T. Rupp, R-Wentzville, would have changed Missouri’s law regarding the accreditation requirements for reinsurance companies.  Senate Bill 60 would have also specified when insurers could take credit or reduce liability due to reinsurance.  The legislation simply received the governor’s veto due to the fact duplicative language was truly agreed to and finally passed in legislation signed by the governor, House Bill 133, which was carried through the upper chamber by Sen. Rupp.

Senate Bill 77, sponsored by Sen. John Lamping, R-Ladue, would have allowed certain neighborhood youth development programs, such as Girls Incorporated of St. Louis (“Girls Inc.”) to be exempt from child care licensing requirements.  The legislation received the governor’s veto due to child safety concerns.

Senate Bill 224, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, was a multi-provisional bill relating to crime, and law enforcement officers and agencies.  The legislation would have made it a Class B misdemeanor for anyone 21 years or older to use a fake ID in order to enter a gambling boat, making those who are caught trying to board a gaming boat with false identification charged with an infraction and a $500 fine.  The governor stated this provision reduces the maximum penalty available for such an offense.  In addition, Sen. Curls’ bill addressed how the state punishes individuals who fail to pay their child support payments by further defining a term used for criminal nonsupport and would have allowed a person to petition the court for expungement, or the striking, of the criminal records of a first felony offense of criminal nonsupport under certain conditions.  The governor indicated the legislation would have expanded expungement eligibility without providing adequate standards on which this relief would be provided. 

The governor also lent his veto pen to Senate Bill 240, sponsored by Sen. Brad Lager, R-Savannah.  The bill would have expanded the period of time (from three to five years) in which a gas utility could collect an infrastructure system replacement surcharge (ISRS) and would have imposed a 30 percent increase in the maximum amount of ISRS the utility could charge consumers.  The legislation would have also authorized gas utilities to track the amount of bad debt, such as uncollectible utility bills, they incur and then recover 90 percent of the difference between the actual amount of bad debt and the amount of bad debt estimated during their most recent rate case before the Public Service Commission.  The governor cited the bill would have done more harm to consumers due to increased gas bills compared to the legislation’s potential benefits.

The governor also vetoed Senate Bill 350, legislation sponsored by Senate Leader Dempsey, which would have eliminated the renter’s portion of the Senior Citizens Property Tax Credit, commonly referred to as the Circuit Breaker Tax Credit.  The bill would have required the Department of Revenue to calculate how much of the renter’s portion of the Senior Citizens Property Tax Credit was redeemed in Fiscal Year 2012, and beginning in FY 2014, deposit this amount into the newly created Missouri Senior Services Protection Fund.  Money in this fund would be used to provide services such as mental health care, nursing homes and home-based health and living services for low-income seniors and disabled citizens.  In the governor’s veto letter, he cited Senate Bill 350 “does not constitute comprehensive tax credit reform.”

Additional House Bills Receiving the Governor’s Veto

Of the 10 House bills up for consideration by representatives in the other chamber, many never reached the Senate floor for debate. 

  • House Bill 253, handled by Sen. Schmitt, would have established the Broad-Based Tax Relief Act of 2013 designed to reduce the tax on corporate business income and business income for sole proprietors, partners, and shareholders in S-corporations.  The measure was taken up for a veto override in the lower chamber, but the motion failed.
  • House Bill 301, handled by Sen. Romine, would have added the prosecutor of the jurisdiction into which a sexually violent predator is to be released to the list of those who must be served the offender’s petition for conditional release over specified objections.  A motion was made to override the legislation, but was later withdrawn.
  • House Bill 611, handled by Sen. Will Kraus, R-Lee’s Summit, would have changed the laws regarding unemployment compensation.  The measure was also taken up for a veto override, but failed in the House.

Committee Work Coincides with Annual Veto Session

Many committees used the timing of the mid-September veto session to hold meetings at the State Capitol.  The Joint Committee on Education, which includes Sen. Pearce (vice chairman); Sen. Nieves; Sen. Rupp; Sen. Romine; Sen. Schaefer; Sen. Holsman; and Sen. Jamilah Nasheed, D-St. Louis, held a hearing to consider testimony regarding K-12 teacher tenure.  One of the primary responsibilities of the joint committee is to review and monitor the progress of education in Missouri’s public schools and institutions of higher education. 

The Sentencing and Corrections Oversight Commission, chaired by Sen. Bob Dixon, R-Springfield, also met during the week of veto session for an organizational meeting.  The panel is charged with evaluating recidivism reductions, cost savings, and other effects resulting from the implementation of various state statutes pertaining to sentencing and corrections; determining ways to reinvest any costs savings to pay for the continued implementation of sentencing and correction statutes and other evidence-based practices for reducing recidivism; and examining the issues of restitution for crimes, including the amount ordered and collected annually, methods and costs of collection, and the order of priority for restitution in official procedures and documents. The 13-member commission also includes Senate Minority Floor Leader Justus as a panelist. 

Members of the Senate Interim Committee on Medicaid Transformation and Reform also continued their work at the State Capitol while lawmakers were back in Jefferson City for veto session.  Scheduled witnesses provided testimony to lawmakers who serve on the committee, including Sen. Romine (chairman); Sen. Sater (vice chairman); Sen. Brown; Sen. Doug Libla, R-Poplar Bluff; Sen. Rob Schaaf, R-St. Joseph; Sen. Wayne Wallingford, R-Cape Girardeau; Sen. Wasson; Sen. Joseph Keaveny, D-St. Louis; Sen. LeVota; and Sen. Nasheed.  The committee was established with the goal of reforming Medicaid by improving system efficiency, financial stability and delivery of health care. 

The Senate’s Daily Audio and Video Clips for Sept. 11 include Sen. Romine’s and Sen. LeVota’s comments from the mid-September committee hearing at the Capitol.

Senator Pearce chairs the Senate Interim Committee on Capital Improvement Assessment and Planning.  Panel members continued their work in various locations throughout the state, this time at the Fulton State Hospital, studying the needs of parks, mental health facilities, state buildings and higher education facilities across Missouri.  Committee members are also responsible for reviewing previously filed legislation pertaining to capital improvement projects, creating a cost-benefit analysis of proposed projects, and studying various funding mechanism for these projects.  Additional members include Sen. Dempsey, Sen. Dixon, Sen. Parson, Sen. Wallingford, Sen. Curls, and Sen. Keaveny. 

Other committees used the month of September to hold additional hearings throughout the Show-Me State.  The Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force, chaired by Sen. Romine and includes Sen. Libla, Sen. McKenna, various House members, and representatives from the lead industry, held its latest hearing at Brushy Creek Mine and Mill, also known as “Doe Run,” in Bunker, Mo.  The panel is charged with making recommendations on prompt environmental settlements, creating ways to promote and develop a clean lead industry, developing clean lead industry legislative proposals, and noting the economic potential of implementing clean lead industry policies. 

The Senate Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Dixon, met in mid-September in Columbia during the 2013 Missouri Bar’s and Missouri Judicial Conference’s annual meeting to hear testimony on the following interim study topics:

  • A comprehensive review of court costs, fees, miscellaneous charges and surcharges;
  • The state public defender system;
  • The revision of the Missouri criminal code; and
  • The organization of the state judiciary, including judicial resources and the justice system.

Other members serving on the Senate’s Judiciary Committee include Sen. Emery, Sen. Schaaf, Sen. Schaefer, Sen. Schmitt, Sen. Justus, and Sen. Keaveny.

Toward the end of September, the Joint Committee on Solid Waste Management District Operations met at the Capitol to hear from individuals from the Department of Natural Resources and Environmental Improvement and Energy Resource Authority as well as other interested entities that gave testimony on this issue.  Sen. Schaefer, Sen. Schmitt, Sen. Wallingford, Sen. Chappelle-Nadal, Sen. Holsman, and five members from the House of Representatives were selected to serve on this joint committee to examine solid waste management district operations in the state, including the efficiency, efficacy, and reasonableness of costs and expenses of these districts that are funded by taxpayer dollars.

The Joint Interim Committee on St. Louis Metropolitan Statistical Area (MSA) Governance and Taxation finished out the month of September with a hearing at the State Capitol.  The committee, which was created to analyze the taxation and governance issues related to the St. Louis MSA, focused much of its discussion during this recent meeting on commissioning an independent study on this issue.  Senators serving on this 10-member panel include Sen. Lamping, Sen. Nieves, Sen. Schmitt, Sen. Keaveny, and Sen. Gina Walsh, D-Bellefontaine Neighbors. 

Also during the month of September, the Missouri Senate added a link to its website highlighting a memorial service planned for April 2014 honoring past senators who have paved the way for lawmakers currently serving in the Missouri Legislature.  The special event will honor those senators who served in the 71st General Assembly through the present who have since passed.  As the process of planning this memorial service continues, individuals can visit the Missouri Senate’s website (www.senate.mo.gov) and click on the “Memorial Service Information” link to follow the event as more details are finalized.

The Missouri Senate’s Capitol Briefing will be distributed and posted monthly throughout the interim.  For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:

  • Missouri Legislative Update – A video program produced throughout the legislative session and interim that provides an overview of news in the Missouri Senate and House of Representatives.  The program features news interviews with lawmakers conducted by Missourinet’s Bob Priddy and stories on issues concerning Missourians.
  • This Week in the Missouri Senate – A weekly, five-minute audio program that wraps up the week’s news in the Missouri Senate.  Programs are posted online every Friday in .mp3 format.
  • The Senate Minute – A condensed, one-minute audio report of current Senate news.  Programs are posted in .mp3 format and are available through podcast.
  • Daily Audio/Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.