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Press Release: State Rep. Todd Richardson Files Constitutional Amendment to Provide Legislative Oversight of Governor’s Decisions to Withhold State Funding

JEFFERSON CITY, Mo. – State Rep. Todd Richardson says the governor’s actions in proposing the largest spending plan in state history while withholding more than $134 million from the current budget are further proof that the legislature must act to provide oversight of gubernatorial decisions to restrict funding.

Today he filed a proposed constitutional amendment that would provide the Missouri General Assembly with an effective check and balance on the governor’s questionable decisions to withhold funding to vital state services such as education, law enforcement and mental health.

“We have never seen a governor withhold funding at the level Gov. Nixon has year after year. It is a clear abuse of his constitutional authority that is meant to be limited to times when our state is in a funding crisis,” said Richardson, R-Poplar Bluff. “As our governor continues to propose more and more spending while withholding funds already appropriated by the legislature it is clear that we have to restore the balance that is meant to exist between the branches of government.”

If passed by the legislature, Richardson’s HJR 72 will go before a vote of the people of Missouri to change the state constitution to clearly define the governor’s authority in regard to his ability to withhold funding appropriated by the General Assembly. Specifically, it would prohibit the governor from restricting appropriations designated to pay the public debt. In addition, it would allow the legislature to override withholdings made by the governor in a manner similar to the General Assembly’s constitutional authority to override gubernatorial vetoes.

“This would put a very simple yet effective process in place that protects the interests of Missouri taxpayers by requiring the governor to pay the public debt and by providing legislative oversight of the governor’s decisions to restrict funding,” Richardson added. “In effect, it would allow us to consider his withholding while we are in session and override it with a two-thirds vote.”

The constitutional amendment also would put a legislative check in place to allow the legislature to intervene when the governor restricts the rate of expenditures in an unequal quarterly allotments. The legislature would be empowered to override such unequal funding disbursements with a two-thirds vote.

Furthermore, the amendment would require the governor to issue a proclamation to the General Assembly whenever he withholds funding or restricts the rate of appropriations in unequal allotments.

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