Amendment 10 would curb governor's budget power

Disagreements between Democratic Gov. Jay Nixon and the largely Republican Missouri Legislature over budget issues have dominated news headlines in recent years.

But the tone of future debates could be altered if voters approve Constitutional Amendment 10 during the Nov. 4 election. The measure would give the state legislature the power to "provide a legislative check" on the governor's decision to withhold money from the state budget, according to ballot language.

State Rep. Todd Richardson, R-Poplar Bluff, the amendment's sponsor, said the state's budget process relies on the General Assembly and the governor working together to create a balanced budget and set spending priorities for the state.

"I think that with what we've seen over the last several years, it's pretty clear that process has gotten out of balance," he said. "So what we're seeking to do with Amendment 10 is to restore the balance to that process."

Many criticized the governor last year when he withheld $400 million, awaiting the outcome of the legislature's attempt to override his veto of an income tax-cutting bill. He later released the money when the override attempt failed. A similar showdown took place this year after tax-cutting bills were approved by the legislature near the end of its session.

Nixon said his actions were made to keep the state's budget in balance, but others spoke out against them, claiming they were politically motivated.

Nixon opposes Amendment 10, citing concern it could harm the fiscal strength of the state. He's also questioned whether it was right to limit a power that's been used by governors for years to balance the budget.

A report from Standard & Poor's says the credit rating agency believes the amendment could "reduce the flexibility to make changes to balance the budget and make the process more difficult." If that were to happen, the agency said it could potentially lower the state's AAA credit rating.

Richardson said voters should understand the measure does not strip the governor of his power to withhold funds. If the amendment is approved, he believes lawmakers would use the power "sparingly and judiciously."

"Clearly there are times where the governor needs to withhold money from the budget to make sure it balances and I think the legislature recognizes and understands that," he said. "But I think when we have instances where the governor is using -- whether it's this governor or another governor or even a past governor -- his withhold power in a way that's not based on a financial justification for doing so, but rather to exert political pressure on the legislature, I think those are the times you'll see the legislature act. But I don't think it's a power that would be used very often."

The representative also said voters should be sure to consider another aspect of Amendment 10, which would prohibit the governor from using hypothetical expectations when determining available state revenue for budget recommendations. Richardson said this means budgets could not be set based on expectations of legislation that has not yet been approved by the General Assembly or other uncertain factors, such as Medicaid expansion. This portion ties with the entire amendment's goal of inserting more certainty in the budget process, he said.

"If you start on more realistic terms, then we've got a much better chance of ending up with a much more realistic budget," Richardson said.

srinehart@semissourian.com

388-3641

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Amendment 10 ballot language

Shall the Missouri Constitution be amended to require the governor to pay the public debt, to prohibit the governor from relying on revenue from legislation not yet passed when proposing a budget, and to provide a legislative check on the governor*'s decisions to restrict funding for education and other state services?

State governmental entities expect no direct costs or savings. Local governmental entities expect an unknown fiscal impact.