20 bills eligible for override during veto session

Session begins Wednesday

Whenever a governor vetoes a bill during or after the last week of the legislative session, the Missouri Constitution requires the General Assembly to "automatically reconvene on the first Wednesday following the second Monday in September for a period not to exceed ten calendar days for the sole purpose of considering bills returned by the governor."

That's this coming Wednesday.

And lawmakers have nearly two dozen bills passed last spring Gov. Jay Nixon rejected.

"Every word of every bill is examined because each word has (an) impact if the bill becomes law," Nixon told reporters last week. "As attorney general for 16 years, I can also attest to how each word of these bills matters, because I spent a good deal of our time in litigation about what these laws are.

"I take my responsibility I have as governor extremely seriously when it comes to signing or vetoing these bills, and I only ask everybody in the Legislature and in the state to look at the real substance" of each bill and veto message.

Nixon wants lawmakers to support his vetoes, asking them to look at what's best for the state and its residents in the long run.

In a mid-June column, state Sen. Mike Kehoe, R-Jefferson City, wrote: "This past legislative session was the governor's final session, and like previous sessions, he has not hesitated to veto legislation.

"Similarly, the Legislature has been more than willing to override the governor's vetoes."

And, he noted, lawmakers already overrode two of Nixon's vetoes made early enough in the session the Legislature could address them before the session ended.

The Missouri Constitution requires a two-thirds vote of the total membership in each chamber - not just of those present when the vote is taken - to pass a bill into law over the governor's veto.

That means at least 109 votes are required in the state House and 23 votes in the state Senate, or the veto stands.

With the GOP holding majorities in the House, 114 to 45 Democrats, and Senate, 24 to 7 Democrats, a strict party line vote would provide enough votes to override a veto.

Each chamber also has three vacant seats that might matter in close votes.

Below are the bills that can be considered during the veto session. The bills are listed by bill number, sponsor and final vote in each chamber, as well as a brief summary and why Nixon said he vetoed the bill.

HOUSE BILLS

HB 1414, Rep. Jay Houghton, R-Martinsburg - House 111-40; Senate 25-6.

Bill summary: Exempts data collected by state agencies under the federal Animal Disease Traceability Program from disclosure under Missouri's Sunshine Law.

Nixon's reason for veto: Reduces government transparency by exempting data collected by state agencies from disclosure under the Sunshine Law.

HB 1432, Rep. Rob Vescovo, R-Arnold - House 118-22; Senate 31-0.

Bill summary: Requires a hearing to be held within 60 days if a state employee is placed on administrative leave.

Nixon's reason for veto: Would make it more difficult for employers to take disciplinary action against employees who have engaged in malfeasance.

HB 1474, former Rep. Tony Dugger, R-Hartville - House 145-3; Senate 28-3.

Bill summary: Modifies provisions relating to ethics and repeals provisions of law deemed unconstitutional.

Nixon's reason for veto: Does not provide the Missouri Ethics Commission with sufficient time to implement certain changes the bill requires. Nixon noted he signed SB 786, which also contained the changes but also provided time needed for their implementation.

HB 1631, Rep. Justin Alferman, R-Hermann - House 112-38; Senate 24-8.

Bill summary: Requires a person to submit a specified form of photo identification in order to vote in a public election with specified exemptions.

Nixon's reason for veto: By requiring a photo ID to vote, the bill would make voting more difficult for qualified voters and disenfranchise certain classes of people.

HB 1713, Rep. Tim Remole, R-Excello - House 112-37; Senate 30-2.

Bill summary: Requires the Department of Natural Resources to provide information regarding advanced technologies to upgrade existing lagoon-based wastewater systems to meet any new or existing discharge requirements.

Nixon's reason for veto: Would shift the balance of power on the Missouri Clean Water Commission from the public interest to favor of regulated interests.

HB 1733, Rep. Charlie Davis, R-Webb City - House 107-42; Senate 32-0.

Bill summary: Modifies provisions regarding the regulation of vehicles.

Nixon's reason for veto: Would make Missouri roadways less safe by allowing automated long-haul trucks on certain Missouri highways.

HB 1763, Rep. Noel Shull, R-Kansas City - House 155-0; Senate 30-0.

Bill summary: Changes the laws regarding workers' compensation large deductible policies issued by an insurer.

Nixon's reason for veto: Contains a drafting error by using the word "insured" instead of "insurer."

HB 1870, Rep. Denny Hoskins, R-Warrensburg - House 131-18; Senate 27-4.

Bill summary: Changes the laws regarding the Big Government Get Off My Back Act.

Nixon's reason for veto: Would make it easier for businesses that hire illegal workers to obtain government contracts or tax credits, by eliminating the state requirement - passed in 2008 - to use the free E-Verify program.

HB 1976, Rep. Denny Hoskins, R-Warrensburg - House 122-29; Senate 29-3.

Bill summary: Changes the laws regarding service contracts.

Nixon's reason for veto: Would take away the legal right of consumers to obtain refunds if they cancel their vehicle extended service contracts.

HB 2030, Rep. Denny Hoskins, R-Warrensburg - House 128-14; Senate 28-2.

Bill summary: Authorizes a tax deduction equal to 50 percent of the capital gain resulting from the sale of employer securities to certain Missouri stock ownership plans.

Nixon's reason for veto: Includes a special-interest tax break that could reduce state revenues by as much as $10.3 million annually and would only benefit those earning capital gains from the sale of employer securities in an employee stock ownership plan (ESOP).

HB 2237, Rep. Caleb Rowden, R-Columbia - House 136-5; Senate 32-0.

Bill summary: Modifies provisions of law regarding University of Missouri extension councils.

Nixon's reason for veto: Would invalidate all conflict of interest laws that currently prohibit county commissioners from voting on items from which they would benefit financially.

SENATE BILLS

SB 591, Sen. Mike Parson, R-Bolivar - House 85-68; Senate 20-10.

Bill summary: Modifies provisions relating to expert witnesses.

Nixon's reason for veto: Does away with Missouri's criteria on expert testimony replacing it with a much more intricate, complicated and costly procedure.

SB 608, Sen. David Sater, R-Cassville - House 92-47; Senate 24-8.

Bill summary: Changes provisions of law relating to health care.

Nixon's reason for veto: Would impose new penalties and fees on low-income families, the aged, blind and disabled who participate in Medicaid.

SB 641, Sen. Dave Schatz, R-Sullivan - House 97-52; Senate 29-3.

Bill summary: Creates an income tax deduction for payments received as part of a program that compensates agricultural producers for losses from disaster or emergency.

Nixon's reason for veto: Provides a special interest tax break that would be unique in the country by providing retroactive tax refunds for past disaster payments. The bill could cost as much as $50 million in the current fiscal year.

SB 656, Sen. Brian Munzlinger, R-Williamstown - House 114-36; Senate 24-8.

Bill summary: Modifies provisions relating to firearms.

Nixon's reason for veto: Would allow individuals, including those from other states, legally to carry a concealed firearm even though they have been denied a permit because their background check revealed criminal offenses or caused the sheriff to believe they posed a danger. The bill also eliminates any training requirement for the permit.

SB 844, Sen. Mike Parson, R-Bolivar - House 111-33; Senate 24-5.

Bill summary: Modifies provisions relating to livestock trespass liability.

Nixon's reason for veto: Would infringe on landowners' rights by weakening safeguards put in place to protect them from damage caused by another person's escaped livestock.

SB 847, Sen. Ed Emery, R-Lamar - House 95-57; Senate 25-7.

Bill summary: Modifies provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost rather than the value of the medical care rendered.

Nixon's reason for veto: Would undermine an injured Missourian's ability to fully and fairly establish his or her damages resulting from the harm suffered as the result of someone else's carelessness.

SB 867, Sen. David Sater, R-Cassville - House 103-39; Senate 26-6.

Bill summary: Modifies provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost rather than the value of the medical care rendered.

Nixon's reason for veto: Would raise fees on Missourians at local license offices without providing any new or additional services.

SB 994, Sen. Brian Munzlinger, R-Williamstown - House 141-3; Senate 27-3.

Bill summary: Changes the laws regarding alcohol.

Nixon's reason for veto: Would violate the Missouri Constitution by spending public money on a private purpose (paying for legal counsel to represent the interests of Missouri winemakers).

SB 1025, Sen. Will Kraus, R-Lee's Summit - House 137-7; Senate 32-0.

Bill summary: Exempts instructional classes from sales tax.

Nixon's reason for veto: Includes a special tax break for dance and gymnastics classes that (the governor said) would require cutting up to $8 million each year from other essential services.

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