Senate sustains Holden's veto of contractor mediation bill

JEFFERSON CITY, Mo. -- The Senate fell two votes short on Wednesday of overriding Gov. Bob Holden's veto of a bill that would have established a mediation process for disputes between property owners and building contractors over allegedly faulty work.

Senate President Pro Tem Peter Kinder, the bill's sponsor, told his colleagues similar laws in 23 other states have worked to resolve construction complaints before they end up in court.

"None of the horror stories raised in smokescreen fashion have come true in other states," said Kinder, R-Cape Girardeau.

In rejecting the measure in July, Holden, a Democrat, said that rather than simplifying the process for resolving disputes, Kinder's bill would have forced homeowners to navigate a maze of legal requirements. Failure to comply with strict procedures and timetables could result in homeowners being denied the opportunity to seek remedies in court, the governor had said.

The Senate voted 21-11 in favor of override but failed to muster the two-thirds majority of 23 votes needed to bypass the governor. All of the chamber's 19 Republicans, along with two Democrats, favored override. There are two vacant seats in the Senate.

Aside from Kinder's pleas, there was no debate on the issue.

The bill passed with overwhelming bipartisan support last spring in both legislative chambers. The Senate endorsed it 29-3, while the House of Representatives approved it 142-17.

Neither chamber made any attempt to override on any of the other 10 bills Holden vetoed earlier this year. Holden rejected most of those measures due to technical flaws.

The Missouri Constitution requires the legislature to convene every September for the sole purpose of reconsidering bills passed in the previous regular legislative session but vetoed by the governor.

The mediation bill is SB 1081.

mpowers@semissourian.com

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