Gov. Nixon’s withholds are of dubious constitutionality.The Missouri Constitution only allows the Governor to withhold based on real-world, actual tax receipts, not on ifs, ands, or buts. These withholds are based on two ifs. The first if is that there will be an override on HB 253. The second if is that Congress will take action on Internet sales taxes. The first if is unclear at this point and the second if is entirely unlikely. Gov. Nixon should release these duly-passed appropriations.
Art IV, Section 27. Power of governor to control rate of and reduce expenditures. 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.