Mississippi Senate Bill SC523

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Constitution; amend to define appropriation bill subject to Governor's partial veto power.

Impact

The proposed amendment could significantly impact the way appropriations are handled in Mississippi. By limiting the Governor's ability to veto conditions within appropriation bills, it enhances the legislative authority in determining how state funds are appropriated. This shift may streamline the appropriations process, giving the legislature greater control over financial allocations without the risk of gubernatorial opposition to specific conditions, thereby reducing potential conflicts between the executive and legislative branches regarding fiscal matters.

Summary

Senate Concurrent Resolution 523 proposes an amendment to Section 73 of the Mississippi Constitution of 1890. This amendment aims to redefine the terms under which the Governor can exercise his veto power over appropriation bills. Specifically, it seeks to prevent the Governor from vetoing specific conditions outlined in appropriation bills while also limiting his partial veto authority to those bills that fix a definite maximum amount for expenditures from the state treasury and that remain enforceable for up to two months after the fiscal year ends following a legislative session.

Contention

Notably, the amendment responds to a past legal ruling from the Mississippi Supreme Court (Reeves v. Gunn, 2020) which affected the interpretation of the Governor's veto powers. By clarifying the definition of what constitutes an appropriation bill, this legislation may ignite debates around the balance of power between state governance structures, particularly regarding fiscal responsibilities. Supporters argue it protects legislative intent in budgetary matters, while opponents may view it as an erosion of executive oversight, potentially leading to unchecked legislative spending.