Crime fund supporters plan override of governor's veto

JEFFERSON CITY, Mo. -- The sponsors of vetoed legislation that aimed to boost funding for local law enforcement say they will attempt to override Gov. Bob Holden's action next month.

The rejected bill would have authorized counties to establish "crime reduction funds" supported by fees of up to $250 paid by criminal defendants who receive suspended sentences and probation. The proceeds would have been used to purchase equipment for sheriff's departments, anti-narcotics programs and other law enforcement initiatives.

In vetoing the measure July 9, Holden said it violated the Missouri Constitution, which earmarks revenue from criminal fines for education.

Missouri Sheriff's Association director Jim Vermeersch is working to build legislative support for an override.

"Our thinking is this bill will not take funds from education," Vermeersch said. "The bill takes money from the bad guy to fund county law enforcement."

Vermeersch said the proposed payments are voluntary fees rather than the mandatory fines set aside for education by the constitution.

State Sen. Doyle Childers, R-Reeds Springs, sponsored the bill and said he will make the motion for override when the Missouri Legislature reconvenes for its annual veto session on Sept. 10.

"It makes good sense," Childers said. "There are a lot of good things in that bill."

The proposal cleared the legislature in May with just one dissenting vote, passing 29-1 in the Senate and 132-0 in the House of Representatives.

Although those totals are well in excess of the two-thirds majorities needed to overrule the governor, Childers acknowledged that an override is far from certain. Some Democrats may be reluctant to thwart a governor of their own party, especially on a low-profile issue such as the crime funds.

Successful overrides are rare, having occurred only seven times in Missouri history. The effort requires 23 Senate votes and 109 House votes.

Because the bill originated in the Senate, that chamber must override before the House may consider it.

State Rep. Rob Mayer, R-Dexter, handled the bill in the lower chamber.

"We feel like we can garner enough votes to override the veto, barring a Senate filibuster," Mayer said.

Southeast Missouri lawmakers of both parties have been pushing the bill for five years.

Many counties had crime reduction funds until 1998 when a state judicial commission determined there was no legal or constitutional authority for their creation.

Since that time, lawmakers have approved a crime fund authorization measure three times, including this year, without it being signed into law.

Gov. Mel Carnahan vetoed it in 1999, citing concerns it would allow defendants with financial means to buy probation. No override attempt was made.

In 2001, passage was invalidated because of drafting errors.

Vermeersch said sheriff's association members were frustrated by Holden's surprise rejection of this year's version as they had thought past concerns with the measure had been addressed.

"No one told us throughout the entire session from January to May that the governor had problems with the bill, otherwise we could have worked them out," Vermeersch said. "Instead we got slammed with a veto."

The bill is SB 199.

mpowers@semissourian.com

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