Section III Section 36

Constitution

Effective - 27 Feb 1945, see footnote   

  III Section 36.  Payment of state revenues and receipts to treasury — limitation of withdrawals to appropriations — order of appropriations. — All revenue collected and money received by the state shall go into the treasury and the general assembly shall have no power to divert the same or to permit the withdrawal of money from the treasury, except in pursuance of appropriations made by law.  All appropriations of money by successive general assemblies shall be made in the following order:

First:  For payment of sinking fund and interest on outstanding obligations of the state.

Second:  For the purpose of public education.

Third:  For the payment of the cost of assessing and collecting the revenue.

Fourth:  For the payment of the civil lists.

Fifth:  For the support of eleemosynary and other state institutions.

Sixth:  For public health and public welfare.

Seventh:  For all other state purposes.

Eighth:  For the expense of the general assembly.

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Source: Const. of 1875, Art. IV, § 43.

(1976) Transfer of appropriations by commissioner of administration with the authorization of the fiscal affairs committee is unconstitutional and violates Art. III, § 36, Const. of Mo. State ex inf. Danforth v. Merrell (Mo.), 530 S.W.2d 209.

(2019) Restricting appropriations funding for the salary of specific administrative law judge based on that judge's date of appointment violates the separation of powers; the General Assembly may not compel an executive department, directly or indirectly, to fire a specific employee.  Rebman v. Parson, 576 S.W.3d 605 (Mo.).