Press Release


For Immediate Release - August 9, 2003

LAWMAKERS RETURN TO CAPITOL TO TRY AND OVERRIDE GOVERNOR'S LEGISLATIVE VETOES

After an unusually short two-month summer break, the Missouri Legislature has reconvened in Jefferson City this week to reconsider a near record 26 bills that were vetoed by Gov. Holden.

Although I have heard speculation about the possibility of the General Assembly successfully overriding the vetoes of as many as six bills, I feel that we have a legitimate shot at overturning three. Those bills are

As per the Missouri Constitution, it takes a two-thirds majority in both legislative chambers to successfully override a governor's veto of legislation, or 109 votes in the Missouri House of Representatives and 23 votes in the Missouri Senate.

While there are probably enough votes in the House to override some of Gov. Holden's vetoes, it will be very tight in the Senate. With the Senate majority having 20 Republican votes, it will take three Democratic minority votes to cross over and vote against the leader of their Party for a successful veto override.

Throughout Missouri history, a successful veto override has only been accomplished seven times. It has been a very difficult task to get enough votes to successfully override a veto, but this year it is even more challenging. Currently, the Missouri Senate is two members short due to the death of Sen. Ronnie DePasco, D-Kansas City, and Sen. Jon Dolan, R-St. Charles County, who has been called to active duty by the National Guard.

Although he was a member of the Democratic Party, the late Sen. DePasco voted to override the governor's veto in 1999 and probably would have done the same for HB 156, the 24-hour waiting period for women seeking abortions.

Sen. Dolan is also a strong pro-life advocate as well as being supportive of HB 349, the concealed weapons law. However, it is unclear as to whether Sen. Dolan will be able to get special dispensation from the National Guard to travel from his assignment in Guantanamo Bay, Cuba, and vote in the Senate on Wednesday and Thursday. Although he has stated that he will be in Jefferson City to make his votes, it is unclear as to whether he will be able do so. If Sen. Dolan is unable to return to Jefferson City for veto session, it is doubtful that we can successfully override any vetoes.

In case you were wondering, I will vote FOR overriding the vetoes on any and all bills.

At the same time, Gov. Holden has called us back into special session once again to consider a smaller "revenue enhancement" package that would be earmarked for public school funding. In his special session statement, Gov. Holden identified four so-called loopholes that he wishes to close that would raise an estimated $44million.

One of those corporate tax loopholes, the so-called "Yacht Loophole," was fixed in HB 600, passed this year. Apparently, the governor doesn't agree with our legislative solution to this issue and wants to tax all boat owners the same way we tax motor vehicles.

One of the other loopholes that the governor wants to close is commonly referred to as the "Geoffrey Loophole," named after Geoffrey The Giraffe, the corporate mascot for Toys R Us. With this loophole, some out-of-state national franchises registered in the state of Delaware and pay no corporate income taxes in the states they do business in. Gov. Holden claims 25 states have closed this loophole. I am not so sure. Article 1, Section 9 of the U.S. Constitution, commonly referred to as the Commerce Clause, states "No tax or duties shall be laid on articles exported from any state."

While I do not support out-of-state corporations bearing an unfair tax advantage on other Missouri businesses, we must be very careful not to violate the U.S. Constitution. I will listen to the arguments on both sides before I make a final decision on this issue.

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