Section IV Section 26

Constitution

Effective - 27 Feb 1945, see footnote   

  IV Section 26.  Power of partial veto of appropriation bills — procedure — limitations. — The governor may object to one or more items or portions of items of appropriation of money in any bill presented to him, while approving other portions of the bill.  On signing it he shall append to the bill a statement of the items or portions of items to which he objects and such items or portions shall not take effect.  If the general assembly be in session he shall transmit to the house in which the bill originated a copy of the statement, and the items or portions objected to shall be reconsidered separately.  If it be not in session he shall transmit the bill within forty-five days to the office of the secretary of state with his approval or reasons for disapproval.  The governor shall not reduce any appropriation for free public schools, or for the payment of principal and interest on the public debt.

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Source: Const. of 1875, Art. V, § 13.

(1973) Words which set out purpose of appropriation bill may not be stricken unless the money therein appropriated is vetoed. State ex rel. Cason v. Bond (Mo.), 495 S.W.2d 385.

(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).