Missouri Constitution

Article X
TAXATION
Section 21

August 28, 2013



State support to local governments not to be reduced, additional activities and services not be imposed without full state funding.

Section 21. The state is hereby prohibited from reducing the state financed proportion of the costs of any existing activity or service required of counties and other political subdivisions. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the general assembly or any state agency of counties or other political subdivisions, unless a state appropriation is made and disbursed to pay the county or other political subdivision for any increased costs.

(Adopted November 4, 1980)

(1982) St. Louis Board of Police Commissioners is a state agency for purposes of this section and cannot require the City of St. Louis to increase its level of activities beyond that required by law when the Hancock Amendment became effective; therefore, it is unconstitutional for the Board to require the city to appropriate more than budget certified as of effective date of the Hancock Amendment, and the Board has to look to the General Assembly for fund increase. State ex rel. Sayad v. Zych (Mo. banc), 642 S.W.2d 907.

(1985) The Hancock Amendment does not prohibit the Judicial Finance Commission from requiring that a county pay attorney fees incurred by the circuit court and judge in defending a federal civil rights action brought by juvenile court employees. In re 1984 Budget for Circuit Court (Mo. banc), 687 S.W.2d 896.

(2007) Requirement in sections 86.344 and 86.355, RSMo, that City of St. Louis pay entire contribution amounts certified by trustees for police retirement system and firemen's retirement system does not violate section. Neske v. City of St. Louis, 218 S.W.3d 417 (Mo.banc).


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