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No overrides at Missouri legislative veto session

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Missourians who ride motorcycles will still be required to wear helmets for at least another year, after the Missouri Legislature sustained all six of Governor Mike Parson’s (R) vetoes on Wednesday at the Statehouse in Jefferson City.

House Speaker Elijah Haahr, R-Springfield, (left) and Majority Leader Rob Vescovo, R-Arnold, speak on the House floor on September 11, 2019 in Jefferson City (photo courtesy of Tim Bommel at House Communications)

Lawmakers gaveled-in at noon for the constitutionally-required veto session, which took less than 45 minutes in both chambers.

The motorcycle helmet bill is a perennial issue that’s been debated annually in Jefferson City for at least the past 20 years.

The organization “Freedom of the Road Riders” says it’s an issue of freedom, and that motorcyclists should have the option of riding without a helmet.

Governor Parson vetoed the bill, expressing safety concerns raised earlier by the Missouri Department of Transportation (MoDOT) about crashes and injuries.

While there were no override attempts in the Senate, State Rep. Deb Lavender, D-Kirkwood, unsuccessfully called on the House to override a veto on a health care bill, which was sponsored by State Rep. Chuck Basye, R-Rocheport.

Lavender says Basye’s bill is needed, noting that eight rural Missouri hospitals have closed.

“I believe our number is up to eight rural hospitals that we’ve lost in our state,” Lavender tells House colleagues. “So yes, this would be one of the ways that we would be able to at least provide some type of health care.”

Representative Lavender predicts revenue will increase, if Medicaid expands.

As for Representative Basye, he tells the House he was focused on the autism/disability portion of the vetoed bill. That portion passed in a separate bipartisan bill, and has been signed into law by Parson. Basye and Lavender teamed up on that bill.

Basye opposed an override attempt, and Lavender’s motion was defeated 105-37, with the 37 votes to override. Under the Missouri Constitution, it takes a two-thirds majority vote in both chambers to override a veto.

Another high-profile bill that was vetoed involves outdoor cremations, which are known as “Viking funerals.” Governor Parson vetoed legislation from State Sen. Jason Holsman, D-Kansas City, that would have allowed outdoor “Viking funerals.”

Holsman’s bill would have allowed funeral directors to perform cremations at an outdoor human cremation facility. Under the bill, only a licensed funeral director could have performed a cremation at an outdoor facility.

In his veto message, Governor Parson expressed concerns about health and safety issues, and called on lawmakers to do more vetting on the issue.

The overall bill was briefly discussed on Wednesday by State Rep. Sarah Unsicker, D-Shrewsbury. She talked about the importance of reducing maternal and infant mortality in Missouri, an issue contained in a separate portion of the bill. Infant and maternal mortality have been priority issues for Unsicker.

There was no attempt to override that veto.

Copyright © 2019 · Missourinet

Nasheed: Missouri senators should hear testimony from parents of murdered St. Louis children (AUDIO)

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A key state senator from St. Louis is calling on Missouri’s GOP Senate leader to create an interim committee to study gun violence, saying it’s a public health crisis.

State Sen. Jamilah Nasheed, D-St. Louis, briefs Capitol reporters in January 2018 (file photo courtesy of Missouri Senate photographer Harrison Sweazea)

State Sen. Jamilah Nasheed, D-St. Louis, notes 13 children have been killed in St. Louis city shootings in 2019. She tells Missourinet she wants the Senate committee to hold a hearing in St. Louis.

“And begin to hear all of the tragic incidents that have occurred due to gun violence from the surviving parents of those children that were killed,” Nasheed says.

Nasheed describes the gun violence in her hometown as an epidemic. She’s also calling for increased protection of crime witnesses, saying they are fearful for their safety.

Governor Mike Parson (R) signed legislation from Senator Nasheed into law this spring, which gives prosecutors discretion to redact personal identifying information about crime witnesses.

Senator Nasheed, who serves as the Democratic Minority Caucus Whip in the State Senate, says by forming a Senate committee now, policies can be ready for discussion when lawmakers return to Jefferson City in January.

She says lawmakers must also pass “concrete policy changes” to improve outcomes for police and prosecutors, when they return to the Capitol in January for the 2020 session.

“Outstate (rural Missouri), they hunt animals,” says Nasheed. “And in the city (of St. Louis), all we have been seeing throughout the summer is humans hunting humans, killing humans.”

Senate President Pro Tem Dave Schatz, R-Sullivan, says he’s open to having a conversation about an interim committee. He says he’ll discuss the issue with GOP state senators next week.

However, Pro Tem Schatz tells Missourinet that if it’s about restricting the rights of law-abiding gun owners, then it’s a “non-starter” for him.

Lawmakers will return to the Missouri Capitol in Jefferson City on Monday for a special session on vehicle taxes. The annual veto session is next Wednesday.

Click here to listen to Brian Hauswirth’s full interview with State Sen. Jamilah Nasheed, D-St. Louis, which was recorded on September 4, 2019:

Copyright © 2019 · Missourinet

Missouri lawmakers could return to Jefferson City for special session, on vehicle sales

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Missouri’s governor is considering calling a special legislative session this fall in Jefferson City, involving a June Missouri Supreme Court ruling about car sales.

Missouri Governor Mike Parson briefs reporters at the State Fair in Sedalia on August 15, 2019 (Brian Hauswirth photo)

Governor Mike Parson (R) made the announcement at the State Fair in Sedalia on Thursday, in response to questions from Missourinet.

“The special session, we are looking at a couple of issues that we maybe need to be fixed,” Parson says. “We’re going to take a look at that, we’re in that process right now.”

The Supreme Court case is called “Kehlenbrink vs. Department of Revenue”, and involves using the sale proceeds of a vehicle as a credit against the purchase price of a new vehicle when calculating sales tax.

Essentially, the Supreme Court has unanimously ruled that state law unambiguously permits the sale proceeds of only one vehicle as a credit against the purchase price of a new car, for the purposes of calculating sales tax.

“And really, the simple version of it (the Supreme Court’s ruling) is when you trade cars in, for example if you trade two cars in, you get a credit back on those two cars or for that model if you’re buying another one. There was a ruling by the Supreme Court that says you can only do one,” says Parson.

The governor says the ruling impacts about 2,000 to 3,000 Missourians, adding this is money out of their pocket. He emphasizes the special session would be technical, adding that “it would be a very limited special session.”

Governor Parson did not indicate when the possible special session would take place. One possibility would be to coincide with the annual veto session, which will take place on September 11 at the Statehouse.

Copyright © 2019 · Missourinet

Present, future House Speakers call veto session a GOP success

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Vetoes on two key pieces of legislation were not overturned, but House Republican leaders say the veto session was still a victory for their party over Governor Jay Nixon.

Those GOP lawmakers say the victory comes in the form of 10 veto overrides. That’s the most ever in one session and it brings to 12 the number of times Governor Nixon has had a veto overridden, making him the most overturned Governor in state history if one excludes vetoes of divorces in the 1830s. Governors’ vetoes have now been overturned 22 times in Missouri history.

House Speaker Tim Jones (R-Eureka) Photo courtesy; Tim Bommel, Missouri House Communications.

House Speaker Tim Jones (R-Eureka) Photo courtesy; Tim Bommel, Missouri House Communications.

House Speaker Tim Jones (R-Eureka) calls the day “historic.”

“The Missouri General Assembly governed during veto session like never before.”

Majority Floor Leader John Diehl (R-Town and Country) thinks the Governor won’t be able to claim momentum from the sustained vetoes of bills to cut Missouri income taxes and to nullify federal gun laws.

“If he wants to call momentum getting overridden than all prior governors … I think that’s wrong.”

Jones says the bills and line item the legislature overturned the Governor on are substantive.

Majority Floor Leader John Diehl (R-Town and Country)

Majority Floor Leader John Diehl (R-Town and Country)  Photo courtesy; Tim Bommel, Missouri House Communications.

“You have good government, you have good policy, so they may not be the ones that were of the most interest to the media and the pundits throughout the summer but they’re bills that are going to affect the lives of all Missourians in a positive way not that they’ve passed.”

Diehl says the day sends a message to the Governor.

“Come work with us on our legislation. Don’t sit back, wait ’till it’s done and then try to pick it apart and find mistakes or errors on it, so I think what we’re doing today is sending a message that if you want to have a say in the legislative process you better get involved while we’re writing the bills.”

During the evening House Republican caucus, Diehl was elected the next Speaker of the House. He will take over the role in the 2015 legislative session.

Assistant House Democrat leader looks ahead to veto session

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Republicans hold a supermajority in the House, but still need Democrat support to overturn the vetoes of some legislation in the veto session that begins today.

Representative Gail McCann Beatty (D-Kansas City)

Representative Gail McCann Beatty (D-Kansas City)

The key issue to be debated is HB 253, that would cut Missouri income taxes. Governor Jay Nixon says it would blow a hole of 800-million dollars or more in the state’s budget. Some Republicans have said they will vote to sustain the veto, meaning Democrat votes are needed if it will be overturned.

House Assistant Minority Leader Gail McCann Beatty (D-Kansas City) says she doesn’t think Republicans will get them.

“To my knowledge there aren’t any.”

Nixon says that legislation is the reason for much of the 400-million dollars he withheld from the budget depending on whether the veto would stand. Beatty says if that veto is not overturned, her caucus will call on the Governor to release some of that money, particularly in education. She says House Democrats have had no conversations with the Governor’s office about whether or not he will release that money.

Beatty thinks her caucus is more divided on whether to support HB 301, legislation that would change the state’s sex offender registry.

“There is some merit to the bill but it also has some challenges to it. There is some concern that possibly there may be a loophole that may let some violent offenders out, so there are definitely some concerns, but I think there are a few that are actually supporting it.”

Beatty says she expects some House Democrats will vote to overturn the veto of legislation that seeks to nullify federal gun laws in Missouri and make it a criminal offense for law enforcement to enforce them, but she doesn’t know how many.

See the list of House bills vetoed by Governor Jay Nixon.

The Doe Run lead mining company based in Herculaneum has been lobbying for the overturn of a veto on HB 650, that would cap punitive damages in lawsuits filed against it for contamination. Proponents say the overturn would protect thousands of jobs at the company and related businesses.

Beatty says she has concerns with that bill, and with the company.

“They need to be punished for the bad acts that they’ve done. I think that bill is probably unconstitutional, as well as others that we’re dealing with over veto session. It’s just not proper for us to come in and try to legislate when there are already legal cases in progress.”

Beatty thinks in spite of the company’s lobbying there has been little movement in the number of lawmakers that support the bill. It received 94 votes in passing the House. 109 would be needed to overturn the veto.

Rumors are flying about how many of the 29 bills vetoed by Governor Nixon the Republican supermajorities will bring up for override attempts. Beatty says she knows all of them be brought up and it’s hard to know the difference between word that will happen, and the proverbial “blowing of smoke.”

“We also have to remember that we are spending taxpayers’ dollars and I think we need to be realistic about that and deal with those bills that are top priority.”

The veto session begins at noon today.

25 arrested on federal drug and weapons charges

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Twenty-four Missourians including members of a motorcycle club have been arrested on three indictments for federal drug and weapons charges in a joint operation between the FBI, the ATF, the DEA, the Highway Patrol and local authorities in the St. Louis area.

Those Missourians and one man from Texas are accused of being involved in the distribution and manufacture of methamphetamine in eastern Missouri between October 2010 and September 2013.

Each of those arrested face between 10 years and life in prison for the drug charges and up to 10 years for the gun charges.

U.S. Attorney Richard Callahan calls the case an example of problems with a gun law nullification bill vetoed by the governor. He says if it had become law the defendants in this case could sue the law enforcement officers that investigated the case and those officers would be defendants in both civil and criminal lawsuits.

“I can’t believe this is what the legislature intended,” Callahan says in a statement.

The legislature could consider overturning the governor’s veto of that bill in the veto session beginning tomorrow at noon.

Those indicted are:

JORGE LOPEZ, 37, Corinth, TX;

MELVIN J. SCHERRER, 49, Bonne Terre, MO;

ALAN D. ADLER, 54, Bonne Terre, MO;

BRENT T. BOUREN, 42, St. Louis, MO;

HOWARD R. PYATT, a/k/a “Bud,” 55, Bonne Terre, MO;

ARVIL B. MATTHEWS, 50, Imperial, MO;

MARK E. ABNEY, 47, Bonne Terre, MO;

AMBER D. SCISM, 31, Farmington, MO;

TERRI L. FOX, 47, St. Louis;

GUILLERMO NAVARRO, a/k/a “Willie,” 35, St. Louis, MO;

JERRY L. ADDISON, 66, St. Louis, MO;

JERAMI A. WESTENBERGER, 35, Arnold, MO;

RAY ALLEN DAVIS, Jr., 46, Union, MO;

JAMES A. MITCHELL, 44, St. Louis area;

PATRICK A. TATE, 41, St. Louis, MO;

JIMMIE D. JOHNSON, 60, St. Clair, MO;

DONALD J. MAGUIRE, 54, St. Louis;

THEODORE S. HEEGE, 48, St. Louis;

NORMA J. EGAN, 47, St. Louis;

DONNA L. MOSS, 45, St. Louis;

SHEILA C. HEEGE, 47, St. Louis;

DANIELLE R. BECKER, 29, Park Hills, MO;

HALEY L. MEIER, 34, St. Louis;

HEATHER N. MARTIN, 27, St. Louis; and

AMY G. HORRELL, 33, Bonne Terre, MO.

Education groups, others re-iterate arguments against tax cut bill veto override

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A coalition of groups supporting the governor’s veto of tax legislation has made its case in the final hours before the legislature has its chance at a veto overturn. The Coalition for Missouri’s Future says allowing the bill that would cut Missouri income taxes to become law would jeopardize funding to the state’s public school and higher education.

Doctor Carter D. Ward (at podium), Executive Director of the Missouri School Boards Association addresses the media for the Coaltion for Missouri's Future, discussing both groups' opposition to HB 253.

Doctor Carter D. Ward (at podium), Executive Director of the Missouri School Boards Association addresses the media for the Coalition for Missouri’s Future, discussing both groups’ opposition to HB 253.

Missouri School Boards’ Association President-Elect Doug Whitehead says the legislation, HB 253, would force budget cuts.

“There will be teacher layoffs, overcrowded classrooms and longer bus rides to-and-from school. This bill has the potential to halt technology upgrades, eliminate many after school activities such as sports programs and limit the variety of classes available to Missouri students.”

The President of the Student Association at the University of Missouri Nick Droege says a tax cut bill vetoed by the Governor “represents a threat to Mizzou and its students.”

“Higher education is one area that faces the deepest cuts and toughest budget times that we’ve seen time after time after time. With an $800-million state shortfall higher education would be forced to make difficult decisions that include tuition increases, cutting staff and faculty, decreased wages or even enrollment caps.”

Association Executive Director Carter Ward says the Association does not oppose the concept of cutting taxes, but calls this legislation irresponsible.

“The overriding thing is that we’re not going to put our state in a downward trend of financial support for those obligations that we have committed to Missourians through previous legislatures or through other policy.”

Whitehead says before discussing cutting taxes, he wants to see priority given to fully funding the foundation formula for public schools.

“That’s the law of the land and the statute and that’s what we would like to see happen.”

Supporters say the cuts in the bill would not kick in until revenue increases by 100-million dollars, year-to-year. The Coalition says that trigger only offers a false sense of security. Ward says the Association has no confidence in it…

“In fact that trigger doesn’t even apply to many of the provisions that are in the bill.”

The veto session begins tomorrow at noon.

Sponsor says ‘odds are long’ on tax cut bill veto override

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The House Speaker says the votes aren’t there to overturn the veto of a tax cut bill. That bill’s sponsor says with the veto session looming, there are still “cards yet to be played.”

 

Representative T.J. Berry (photo courtesy; Tim Bommel, Missouri House Communications)

Representative T.J. Berry (photo courtesy; Tim Bommel, Missouri House Communications)

Representative T.J. Berry (R-Liberty) sponsor of a bill that would cut corporate and individual income taxes says he’s looking forward to having the veto session over with. He says he thinks the vote will be very close on whether to overturn the Governor’s veto of that legislation, HB 253.

“There’s a huge difference in veto session versus regular session and there are a lot of people that might say that they’re a yes or no, or maybe. When it comes down to it on the day when you’re taking a vote that counts it will probably be fairly quiet in the chamber and people will be taking their jobs very seriously.”

Berry doesn’t think it will do any good to put any last-minute pressure on party members, urging them to vote for an override.

“I respect the people that have had questions on 253, may be leaning towards ‘No.’ I think at this point working on people is not real productive, but making sure to put as many things on the table as possible is.”

Governor Jay Nixon has been traveling around the state campaigning in support of his veto, telling school officials the bill could cost some districts millions of dollars. According to liberal advocacy group Progress Missouri, 100 school boards in the state have passed resolutions urging support for the veto. Some Republicans have been cited as saying they will not vote to override.

Even so, Berry says the issue will be brought to a vote and he thinks it will be close.

After hearing the Governor spend much time talking about what Republicans have called “drafting errors” in the bill that would raise taxes on prescription drugs and college textbooks, Berry says he still wants the Governor to answer one question.

“If those were fixed, would he sign it? I don’t believe that he would. I think this is one of those philosophical divides where there is a distinct difference between Republicans and Democrats and that he would be against it, but he doesn’t want to say that.”

Berry also wrote a letter to the Governor asking him to call a special session concurrent to the veto session so that those errors could be fixed. Nixon has rejected the idea and calls the request an acknowledgement that there are flaws in the bill. Berry criticizes the Governor for not answering his request privately.

Doe Run lobbying for override of veto on punitive damage cap legislation

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A Missouri lead producer says one of the Governor’s vetoes could spell the end of its operations in the state.

The Vice President of Law for the Doe Run Company, Matt Wohl, has been visiting with state lawmakers urging them to overturn the veto of a bill that would cap punitive damages for the company in contamination lawsuits at $2.5 million.

“It doesn’t affect the compensatory damages,” Wohl said. “It only affects punitive damages nor does it affect any of our current operations. It only affects the legacy mining sites.”

Wohl says a series of such lawsuits have been filed against the company, the first of which will come to trial in October.

“That’s why we chose this session to try to get this bill passed. For us it is absolutely critical that we get this done this year … I don’t know that we’ll take another crack at it. It may be too late.”

Wohl disagrees with the Governor’s assessment that the bill is unconstitutional and only favors one company, and says the legislation would actually encourage other companies to undertake remediation.

“It’s not just in St. Francois County but down in the tri-state area which is where Oklahoma, Kansas and Missouri meet. That was an old mining district as well and the government is spending millions of dollars doing remediation down there, in cooperation with some companies but I contend there are probably others that would step up and do it but they’ve seen the example of what happens at Doe Run. When they’ve stood up and done the work they face litigation.”

The veto session is September 11.

Bellefontaine Neighbors Senator agrees with Nixon, tax-cut bill could hurt vulnerable Missourians (AUDIO)

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Gov. Jay Nixon and senior members of his administration will visit the Branson Public Schools District Office on Tuesday to discuss the impact of House Bill 253 with area school administrators, teachers, school board members and others, according to Nixon’s office.

Nixon vetoed House Bill 253 in June, calling it an unaffordable experiment that would force dramatic cuts to education and raise taxes on prescription drugs, and the legislature has the opportunity to override that veto during veto session Sept. 11.

Sen. Gina Walsh (D-Bellefontaine Neighbors) says she voted no on the bill during regular session, and she’ll vote no again.

“I don’t know what’s going to happen, every day in the press … if we’re not in Jefferson City, we get the information the same way everyone else does, through you guys,” Walsh said in an interview. “I’ve heard that it could be a slam-dunk and I’ve heard that it could be a rough veto session. So I don’t know what to think of it.”

Nixon’s office reports that data requested by the Missouri Association of School Administrators from the Missouri Department of Elementary and Secondary Education shows that House Bill 253 would drain hundreds of millions of dollars from public schools throughout the state.

“I think the bill is a bad idea,” Walsh says. “I think it will hurt people, especially in my district, which is a poor district, there are a lot of senior citizens… putting a sales tax on medication would absolutely hurt them.”

House Republicans will need all 109 votes to override the veto in September. That includes getting a few Republicans who voted against the measure during regular session to change their votes to a “yes” this time around.

AUDIO: Jessica Machetta reports (1:12)