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CCH® UNEMPLOYMENT INSURANCE — 8/26/16

Missouri court finds law cutting duration of benefits unconstitutional based on timeliness issue

A Missouri law that cut the duration of benefits to 13 weeks has been ruled unconstitutional because the state senate lacked the authority to override the governor's veto on a timeliness issue. More specifically, the state senate lacked the authority to override the governor's veto during the September 2015 veto session because, under the Missouri Constitution, only bills returned by the governor on or after the fifth day before the end of the regular legislative session, that is, a late-vetoed bill, can be taken up during a September veto session. In this instance, the bill was vetoed more than five days before the General Assembly adjourned and, before adjournment, the Missouri House voted to override the governor's veto. However, the Missouri Senate adjourned without taking any action to reconsider the bill or to override the governor's veto. Because the bill was not passed over the governor's veto, none of its provisions became law. Thus, the judgment of the circuit court, which had upheld the bill, was reversed (Timothy S. Pestka v. Missouri, Mo. Sup. Ct., No. SC95369, July 26, 2016).