The Overriding Question
As every civics student knows, no single branch of government has a monopoly on creating laws. In Missouri, the General Assembly passes laws but the governor has a say, too. If he doesn’t approve of a measure passed by the Legislature, he can veto it. His decision is not final, though. If two-thirds of the members of both chambers of the Legislature vote to override a veto, the bill will still become law.
During this year’s January-through-May legislative session, the General Assembly passed more than 90 bills and resolutions. The governor struck down just six of these – a historically low number compared to previous sessions. Also, the governor made no line-item changes to the budget bills passed by the Legislature.
By law, the General Assembly must reconvene each fall for the purpose of overriding the governor’s vetoes. This year’s veto session will begin on Sept. 11. The only measures the Legislature may consider during this session are the six bills the governor rejected:
Senate Bill 147 included a number of provisions relating to driver’s licenses, vehicles and vehicle registration. The only obviously controversial portion of the bill would have allowed motorcyclists to ride without a helmet, so long as they carried medical insurance. The governor voiced no opposition to the helmet law repeal, but objected to a separate provision that only affected residents of St. Louis City and County. Whatever his reason for vetoing the bill, motorcycle riders will still have to wear their helmets.
Senate Bill 202 sought to direct royalties from mining operations exclusively to the counties where the mining activity occurs. Currently, mining royalties are allocated to 29 counties that also receive proceeds from timber cutting within the Mark Twain National Forest – four of the five counties of the 16th Senatorial District among them. The governor said the bill conflicted with federal law and struck it down.
Senate Bill 282, which I sponsored, related to the disposition of human remains and the issuance of death certificates. A related measure, House Bill 447, primarily affected coroners. Both measures would have helped families at a time of grief. Neither bill was controversial as originally drafted, but both were amended to include a provision that allowed outdoor cremations. The governor wasn’t ready to endorse “Viking funerals” so he vetoed both bills. I was disappointed to see my legislation side-tracked and hope we can revisit the proposals again in the future, assuming the General Assembly doesn’t override the governor’s veto.
Senate Bill 414 created a task force to study whether Missouri should seek a waiver to the federal Affordable Care Act. The legislation wouldn’t go into effect until the end of August, leaving little time to complete the study prior to a federal deadline in December. The governor vetoed the bill and created a similar panel through executive order. That panel has already begun its work.
House Bill 399 contained a number of reforms relating to insurance coverage and medical care. The omnibus health care bill was widely supported, but the governor vetoed the measure over one provision that imposed restrictive qualifications for the position of Director of Department of Health and Senior Services. Fortunately, most of the non-controversial provisions were also contained in Senate Bill 514 and those will take effect later this month.
Although the Legislature could vote to override the governor’s vetoes, it does not have to take action. Lawmakers may simply gavel into session and then adjourn. One chamber might choose to stand its ground while the other demurs. Each of those scenarios has played out in previous years. It remains to be seen what my colleagues will do this year. We’ll know soon enough, as legislators return to the Capitol in September.
It’s my honor to serve as your senator for the 16th District. If you have questions or need any assistance, please call my office at 573-751-5713 or log onto my webpage at https://www.senate.mo.gov/brown for more information.