LAWMAKERS READY VOTES AGAINST VETO

Southeast Missouri lawmakers won't be in Gov. Mel Carnahan's corner when the veto session begins Wednesday.

Area lawmakers told the Southeast Missourians they plan to vote to override the governor's veto of an anti-abortion bill.

Of the 13 area lawmakers, eight Republicans, four Democrats and Independent state Rep. Denny Merideth of Caruthersville, only one will likely vote to override the governor's veto of a crime bill.

The lone exception, state Sen. Danny Staples, D-Eminence, who said he likely would vote to sustain the veto, but he hasn't studied that issue as closely as the abortion issue.

It takes a two-thirds majority vote in both the House and Senate to override a veto.

Only six times in Missouri's history have lawmakers overridden a governor's veto.

The anti-abortion bill would create the crime of infanticide for performing certain abortions.

Supporters of the bill say it would ban partial-birth abortions in which the fetus is killed when it has mostly emerged from the mother.

Opponents, like the governor, say it would outlaw many early-term abortions.

The votes of Staples and state Sen. Jerry Howard, D-Dexter, could be crucial to overriding Carnahan's veto of the anti-abortion bill.

In 1997, the Senate came within one vote of overriding Carnahan's veto of Cape Girardeau's state Sen. Peter Kinder's bill that would have banned partial-birth abortions.

Both Howard and Staples voted to sustain the veto two years ago, but this time, they said they will vote to override their Democratic governor.

Kinder, a Republican, said he was disappointed two years ago that he couldn't secure enough votes in the Senate to override the governor.

This time could be different.

"We have come a long way," Kinder said.

Like Carnahan, Howard and Staples question the constitutionality of this year's anti-abortion bill, House Bill 427.

A major issue is whether the bill will pass constitutional muster because it doesn't include a health exception for the woman.

Carnahan argues that it won't.

Howard said the litigation will be costly to settle.

"The proponents of the bill would, in my view, favor no circumstances for which pregnancies could be terminated," he said, and "the opponents of the bill proposed that real-life circumstances beyond a person's control should make allowances for some choice by the woman."

Howard said most Missourians are in the middle on the issue, he will vote to override the governor's veto because of "overwhelming requests" from residents in his senate district.

Staples will vote to override the veto so the issue can be addressed by the courts where he thinks "it will be struck down."

The Legislature has been bogged down with the abortion issue in recent years, he said, and overriding the veto would allow lawmakers to move on to other issues in 2000.

On the House side, all 10 state representatives said they will vote to override the governor's veto.

Merideth said the unanimous position of Bootheel lawmakers is easy to understand: "It is very much an area that believes in pro life."

Carnahan and his staff have sought to convince lawmakers to sustain his veto.

Three members of the governor's staff spent about two hours in the office of Rep. Marilyn Williams, D-Dudley, last week talking solely about the abortion bill.

"They didn't offer me a job," she said, a reference to rumors Carnahan might offer jobs to some lawmakers in exchange for their votes. "Those are just vicious rumors going around."

Carnahan also could see lawmakers override his veto of a crime bill, Senate Bill 335.

Merideth, however, predicted lawmakers would have a tougher time overriding it than the abortion bill.

"The crime bill tried to cram everything and its brother in there," he said.

Even so, Merideth and other area lawmakers for the most part support the bill, largely because it includes a provision to restore the crime reduction funds for counties.

A year ago, the Commission on Retirement, Removal and Discipline of Judges advised judges against requiring defendants to pay money into county crime reduction funds.

The commission said there wasn't any state law or constitutional provision allowing for such payments.

The Legislature passed a measure to rectify the situation, but Carnahan vetoed the bill, citing concern it would allow criminals to "buy probation."

Bootheel lawmakers argue that it makes sense to allow the criminals to foot part of the cost of law enforcement.

They said the funds, amounting to thousands of dollars, are essential to the operation of rural sheriffs' departments in their districts.

Rep. Peter Myers, R-Sikeston, said he likely would vote to override the veto of the crime bill.

Among other things, the bill would encourage alternative sentencing to ease prison overcrowding.

"I really don't think it is soft on crime," Myers said.

Veto history

Six vetoes have been overridden in Missouri history:

1980 -- A veto by Gov. Joe Teasdale to allow construction of the Harry S. Truman office building to proceed.

1976 -- A veto by Gov. Christopher Bond on a measure involving nursing regulations.

1855 -- A veto by Gov. Sterling Price of a bill involving railroad bonds.

1839 -- A veto by Gov. Lilburn Boggs of a measure creating a criminal court system in St. Louis.

1833 -- A veto by Gov. Daniel Dunklin of seven divorces.

1820 -- A veto by Gov. Alexander McNair of a legislative salary bill.