Missouri Constitution

Article IV
EXECUTIVE DEPARTMENT
Section 27

August 28, 2013



Power of governor to control rate of and reduce expenditures.

Section 27. The governor may control the rate at which any appropriation is expended during the period of the appropriation by allotment or other means, and may reduce the expenditures of the state or any of its agencies below their appropriations whenever the actual revenues are less than the revenue estimates upon which the appropriations were based.

(1992) Federally mandated state expenditures for desegregation purposes in the public schools of Kansas City, the City of St. Louis and St. Louis County are state expenditures for free public schools within the meaning of the Missouri Constitution. Such expenditures are part of the funds expended by the state on the public schools, therefore, the Governor did not reduce the total expenditures below the appropriations approved for that purpose. Sikeston R-VI School Dist. v. Ashcroft, 828 S.W.2d 372 (Mo. en banc).

(1992) Constitutional mandate that funds appropriated to the public schools "be distributed according to law" does not mandate expenditures exclusively through the foundation formula. The foundation formula is only one such law and the United States Constitution is another such law which can direct the distribution of state funds to public schools. Sikeston R-VI School Dist. v. Ashcroft, 828 S.W.2d 372 (Mo. en banc).

(2003) Section authorizes Governor to order that part of education appropriation not be distributed. State ex rel. Liberty School District v. Holden, 121 S.W.3d 232 (Mo.banc).

(2013) State Auditor's claim that the Governor's reduction of the Auditor's expenditures below the amount appropriated was not ripe when the claim was brought before the end of the fiscal year in which the expenditures were withheld. Schweich v. Nixon, No. SC92750 (Mo.banc Oct. 1, 2013)


bottom Missouri General Assembly