Chance of education veto raises legal cloud

JEFFERSON CITY, Mo. -- A threatened veto of spending for elementary and secondary education by Gov. Bob Holden would be unconstitutional, according to House Speaker Catherine Hanaway. But the governor says she's wrong.

A string of budget veto announcements this week is expected to culminate today with Holden saying he intends to reject the nearly $4.5 billion appropriation for the Department of Elementary and Secondary Education.

When asked Wednesday, Holden wouldn't confirm that DESE's budget is next on the veto list but said: "That's good speculation."

The governor, a Democrat, wants lawmakers redo the bill to include an additional $213.1 million in education spending that he requested in January.

However, Hanaway, R-Warson Woods, said a veto of that bill would be unconstitutional.

"Our constitution says quite clearly that you cannot veto or reduce spending for elementary and secondary education," Hanaway said.

The Missouri Constitution's clarity on the issue is subject to some debate. However, case law may support Hanaway's position.

The section of the constitution relating to the governor's line-item veto power on budget bills says the governor may not use it to reduce appropriations for the state debt or free public schools. Because Holden intends to veto the entire education spending measure, he said such an action would be within his constitutional authority.

"My legal counsel has indicated to me that if I decide to make that decision, I would be within my rights to do so," Holden said.

Sikeston case

However, the Missouri Supreme Court appears to have said otherwise in a 1992 case led by the Sikeston School District.

The district, joined by several others mostly from Southeast Missouri, challenged midyear withholdings of education funds by then-governor John Ashcroft.

In a unanimous decision, the state high court said the withholdings in that specific instance were appropriate, though the court avoided a definitive ruling on the governor's general authority to cut education to keep the budget in balance when revenue is insufficient to cover approved spending.

However, the court's opinion, written by Chip Robertson, who was chief justice at the time, seems clearer as to the extent of the governor's veto power.

"(T)he governor is granted broad authority to veto all or parts of appropriations, except, of course, appropriations to the public schools and for payment of the public debt," Robertson wrote.

When asked about the case, Mary Still, Holden's spokeswoman, reiterated the governor's statements that attorneys have advised him he is on firm constitutional ground.

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, said the precedent would be researched, but that it could mean the state's 524 public school districts have legal standing to seek an injunction preventing a veto of DESE's budget from taking effect.

Holden has also promised to veto the $1 billion appropriations bill for the Department of Higher Education. His authority to do so on that measure isn't questioned.

mpowers@semissourian.com

(573) 635-4608

By Marc Powers ~ Southeast Missourian

JEFFERSON CITY, Mo. -- A threatened veto of spending for elementary and secondary education by Gov. Bob Holden would be unconstitutional, according to House Speaker Catherine Hanaway. But the governor says she's wrong.

A string of budget veto announcements this week is expected to culminate today with Holden saying he intends to reject the nearly $4.5 billion appropriation for the Department of Elementary and Secondary Education.

When asked Wednesday, Holden wouldn't confirm that DESE's budget is next on the veto list but said: "That's good speculation."

The governor, a Democrat, wants lawmakers redo the bill to include an additional $213.1 million in education spending that he requested in January.

However, Hanaway, R-Warson Woods, said a veto of that bill would be unconstitutional.

"Our constitution says quite clearly that you cannot veto or reduce spending for elementary and secondary education," Hanaway said.

The Missouri Constitution's clarity on the issue is subject to some debate. However, case law may support Hanaway's position.

The section of the constitution relating to the governor's line-item veto power on budget bills says the governor may not use it to reduce appropriations for the state debt or free public schools. Because Holden intends to veto the entire education spending measure, he said such an action would be within his constitutional authority.

"My legal counsel has indicated to me that if I decide to make that decision, I would be within my rights to do so," Holden said.

Sikeston case

However, the Missouri Supreme Court appears to have said otherwise in a 1992 case led by the Sikeston School District.

The district, joined by several others mostly from Southeast Missouri, challenged midyear withholdings of education funds by then-governor John Ashcroft.

In a unanimous decision, the state high court said the withholdings in that specific instance were appropriate, though the court avoided a definitive ruling on the governor's general authority to cut education to keep the budget in balance when revenue is insufficient to cover approved spending.

However, the court's opinion, written by Chip Robertson, who was chief justice at the time, seems clearer as to the extent of the governor's veto power.

"(T)he governor is granted broad authority to veto all or parts of appropriations, except, of course, appropriations to the public schools and for payment of the public debt," Robertson wrote.

When asked about the case, Mary Still, Holden's spokeswoman, reiterated the governor's statements that attorneys have advised him he is on firm constitutional ground.

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, said the precedent would be researched, but that it could mean the state's 524 public school districts have legal standing to seek an injunction preventing a veto of DESE's budget from taking effect.

Holden has also promised to veto the $1 billion appropriations bill for the Department of Higher Education. His authority to do so on that measure isn't questioned.

mpowers@semissourian.com

(573) 635-4608