For the first time ever, the Missouri House used a power Wednesday forcing the governor to release less than $1 million he has held back from various programs.
Under current law, the governor can withhold money when state revenue is less than the estimate the appropriations are based on, to be released if they improve. But a measure approved by voters in 2014 allows lawmakers to override Gov. Jay Nixon's withholdings much like they do his line-item vetoes.
The House tested that new power Wednesday, overriding $925,000 worth of withholds for two programs. Those actions now move to the Senate for further debate.
"We have come to this place because we have a governor who has decided he does not respect the republic," said Rep. Eric Burlison, R-Springfield. "This is our way of stopping the encroachment of one (branch of government) into the other."
The two programs are:
-- $575,000 for the Missouri Scholars and Fine Arts Academies, residential programs for the state's gifted high school students.
-- $350,000 for the Brain Injury Waiver, meant to keep those who suffer brain injuries out of nursing homes.
These were among a number of programs totaling more than $45 million Nixon withheld from the current year's budget in October. His withholds came after it was clear the state would not receive $50 million in tobacco settlement funds that lawmakers had banked on when making the budget.
In February, 2016 fiscal year-to-date general revenue was up 3 percent -- or $160 million -- compared to last year. Republican lawmakers Wednesday said there was enough to release funds for these programs.
Nixon responded to the House's actions in a Wednesday statement, saying he was "surprised and disappointed that the House, during tax season, is attempting to increase government spending, rather than pay the tax refunds that are owed to hardworking Missourians."
"As Governor, I will continue to fulfill my obligation to keep the budget in balance, protect our AAA credit rating, and pay Missourians the tax refunds they are owed," Nixon added.
Lawmakers must have a two-thirds majority in both chambers to override a withholding -- 109 in the House and 23 in the Senate -- just like a veto override. The House had those numbers on both actions taken Wednesday, but not all members were on board with the idea.
Rep. Deb Lavender, D-Kirkwood, said overriding withholds is a bad precedent to set.
"Where do we draw the line?" she asked. "We should trust the processes in place."
The withholds now await action by the Senate.
(c)2016 the St. Louis Post-Dispatch
