Article IV — Executive Department
68 sections · 0 paragraphs in this article.
Mo. Const. art. IV, § 1 Executive power—the governor
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The supreme executive power shall be vested in a governor.
Mo. Const. art. IV, § 2 Duties of governor
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The governor shall take care that the laws are distributed and faithfully executed, and shall be a conservator of the peace throughout the state.
Mo. Const. art. IV, § 3 Qualifications of governor
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The governor shall be at least thirty years old and shall have been a citizen of the United States for at least fifteen years and a resident of this state at least ten years next before election.
Mo. Const. art. IV, § 4 Power of appointment to fill vacancies—tenure of appointees
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The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified.
Mo. Const. art. IV, § 5 Commissions of state officers
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The governor shall commission all officers unless otherwise provided by law. All commissions shall be issued in the name of the state, signed by the governor, sealed with the great seal of the state and attested by the secretary of state.
Mo. Const. art. IV, § 6 Commander in chief of militia—authority
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The governor shall be the commander in chief of the militia, except when it is called into the service of the United States, and may call out the militia to execute the laws, suppress actual and prevent threatened insurrection, and repel invasion.
Mo. Const. art. IV, § 7 Reprieves, commutations and pardons—limitations on power
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The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper, subject to provisions of law as to the ma…
Mo. Const. art. IV, § 8 Concurrent resolutions—duty of governor—exceptions—limitation of effect
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Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjournment, going into joint session, and of amending this constitution, shall be presented to the governor, and before the same shall take effect, shall…
Mo. Const. art. IV, § 9 Governor's messages and recommendations to assembly—call of extra sessions
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The governor shall, at the commencement of each session of the general assembly, at the close of his term of office, and at such other times as he may deem necessary, give to the general assembly information as to the state of the government, and shall recommend to its considerat…
Mo. Const. art. IV, § 10 Lieutenant governor—qualifications, powers and duties
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There shall be a lieutenant governor who shall have the same qualifications as the governor and shall be ex officio president of the senate. In committee of the whole he may debate all questions, and shall cast the deciding vote on equal division in the senate and on joint vote o…
Mo. Const. art. IV, § 11(c) Acting as governor not to vacate regular office
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If any state officer other than the lieutenant governor is acting as governor, his regular elective office shall not be deemed vacant and all duties of that office shall be performed by his chief administrative assistant.
Mo. Const. art. IV, § 11(b) Governor's declaration of disability, effect of—disability board, membership, duties—governor to resume office, when—disputed illness, supreme court to decide
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Whenever the governor transmits to the president pro tempore of the senate and the speaker of the house of representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contr…
Mo. Const. art. IV, § 11(a) Order of succession to governorship, when
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If the governor-elect dies before taking office, the lieutenant governor-elect shall take the term of the governor-elect. On the death, conviction or impeachment, or resignation of the governor, the lieutenant governor shall become governor for the remainder of the term. If there…
Mo. Const. art. IV, § 12 Executive department, composition of—elective officials—departments and offices enumerated
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The executive department shall consist of all state elective and appointive officials and employees except officials and employees of the legislative and judicial departments. In addition to the governor and lieutenant governor there shall be a state auditor, secretary of state, …
Mo. Const. art. IV, § 13 State auditor—qualifications and duties—limitations on duties
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The state auditor shall have the same qualifications as the governor. He shall establish appropriate systems of accounting for all public officials of the state, post-audit the accounts of all state agencies and audit the treasury at least once annually. He shall make all other a…
Mo. Const. art. IV, § 14 Secretary of state—duties—state seal—official register—limitation on duties
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The secretary of state shall be custodian of the seal of the state, and authenticate therewith all official acts of the governor except the approval of laws. The seal shall be called the "Great Seal of the State of Missouri," and its present emblems and devices shall not be subje…
Mo. Const. art. IV, § 15 State treasurer—duties—custody, investment and deposit of state funds—duties limited—nonstate funds to be in custody and invested by department of revenue—nonstate funds defined
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The state treasurer shall be custodian of all state funds and funds received from the United States government. The department of revenue shall take custody of and invest nonstate funds as defined herein, and other moneys authorized to be held by the department of revenue. All re…
Mo. Const. art. IV, § 16 Filing of administrative rules and regulations
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All rules and regulations of any board or other administrative agency of the executive department, except those relating to its organization and internal management, shall take effect not less than ten days after the filing thereof in the office of the secretary of state.
Mo. Const. art. IV, § 17 Elective state officers—time of election and terms—limitation on reelection—selection of department heads—removal and qualifications of appointive officers
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The governor, lieutenant governor, secretary of state, state treasurer and attorney general shall be elected at the presidential elections for terms of four years each. The state auditor shall be elected for a term of two years at the general election in the year 1948, and his su…
Mo. Const. art. IV, § 18 Election returns—board of state canvassers—time of meeting and duties—requirement for election—tie votes
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The returns of every election for governor, lieutenant governor, secretary of state, state auditor, state treasurer and attorney general shall be sealed and transmitted by the returning officers to the secretary of state, who shall appoint two disinterested judges of a court of r…
Mo. Const. art. IV, § 19 Department personnel—selection and removal—merit system—veterans' preference
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The head of each department may select and remove all appointees in the department except as otherwise provided in this constitution, or by law. All employees in the state eleemosynary and penal institutions, and other state employees as provided by law, shall be selected on the …
Mo. Const. art. IV, § 20 Location of executive and administrative offices
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The executive and administrative officials and departments herein provided for shall establish their principal offices and keep all necessary public records, books and papers at the City of Jefferson.
Mo. Const. art. IV, § 21 Limitation on changes of salaries—fees, costs
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The officers named in this article shall receive for their services salaries fixed by law, which shall not be increased or diminished during their terms. After the expiration of the terms of those now in office the officers named shall not receive to their own use any fees, costs…
Mo. Const. art. IV, § 22 Department of revenue, duties of—director, appointment of
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The department of revenue shall be in charge of a director of revenue appointed by the governor, by and with the advice and consent of the senate. The department shall have divisions as provided by law. The department shall collect all taxes and fees payable to the state as provi…
Mo. Const. art. IV, § 23 Fiscal year—limitations on appropriations—specification of amount and purpose
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The fiscal year of the state and all its agencies shall be the twelve months beginning on the first day of July in each year. The general assembly shall make appropriations for one or two fiscal years, and the sixty-third general assembly shall also make appropriations for the si…
Mo. Const. art. IV, § 24 Governor's budget and recommendations as to revenue
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The governor shall, within thirty days after it convenes in each regular session, submit to the general assembly a budget for the ensuing appropriation period, containing the estimated available revenues of the state and a complete and itemized plan of proposed expenditures of th…
Mo. Const. art. IV, § 25 Limitation of governor's budget on power of appropriations
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Until it acts on all the appropriations recommended in the budget, neither house of the general assembly shall pass any appropriation other than emergency appropriations recommended by the governor.
Mo. Const. art. IV, § 26 Power of partial veto of appropriation bills—procedure—limitations
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The governor may object to one or more items or portions of items of appropriation of money in any bill presented to him, while approving other portions of the bill. On signing it he shall append to the bill a statement of the items or portions of items to which he objects and su…
Mo. Const. art. IV, § 27(b) Facilities maintenance and review fund created, purpose—state facilities, defined—transfer of moneys into fund, reduction or elimination of transfer by governor
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Mo. Const. art. IV, § 27 Power of governor to control rate of and reduce expenditures
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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 t…
Mo. Const. art. IV, § 27(a) Budget Reserve Fund established—investment—excess transfer to general revenue, when
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Mo. Const. art. IV, § 28 Treasury withdrawals, how made, certified how—appropriation, period of
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No money shall be withdrawn from the state treasury except by warrant drawn in accordance with an appropriation made by law, nor shall any obligation for that payment of money be incurred unless the commissioner of administration certifies it for payment and certifies that the ex…
Mo. Const. art. IV, § 29 Highways and transportation commission—qualifications of members and employees—authority over state highways and other transportation programs
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The highways and transportation commission shall be in charge of the department of transportation. The number, qualifications, compensation and terms of the members of the highways and transportation commission shall be fixed by law, and not more than one-half of its members shal…
Mo. Const. art. IV, § 30(d) Prohibition against diverting revenue for non-highway purposes—severability of provisions—effective date
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Mo. Const. art. IV, § 30(c) Transportation programs and facilities, administration of by commission, use of moneys
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The highways and transportation commission shall have authority to plan, locate, relocate, establish, acquire, construct, maintain, control, and as provided by law to operate, develop and fund public transportation facilities as part of any state transportation system or program …
Mo. Const. art. IV, § 30(b) Source and application of state road fund—sales tax imposed on sale of motor vehicles, apportionment, how, use of revenue—distribution of increases—sales taxes not part of total state revenues or expenses of state government
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Mo. Const. art. IV, § 30(a) Apportionment of motor vehicle fuel tax—director of revenue responsible for apportionment—limitation on local fuel taxes—fuel taxes not part of total state revenues or expenses of state government
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Mo. Const. art. IV, § 31 State highways in municipalities
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Any state highway authorized herein to be located in any municipality may be constructed without limitations concerning the distance between houses or other buildings abutting such highway or concerning the width or type of construction. The commission may enter into contracts wi…
Mo. Const. art. IV, § 32 Apportionment of funds for supplementary state highways
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The funds which are allotted by the commission to the construction or acquisition of supplementary state highways and bridges in each of the counties of the state shall be apportioned to the several counties as follows: One-fourth in the ratio that the area of each county bears t…
Mo. Const. art. IV, § 33 Retirement benefits not changed
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Any transfer of employees made pursuant to the provisions of this article shall not affect or abridge any rights or benefits accrued under any retirement system in which such employees are members on the effective date of this article, and the employees may continue coverage unde…
Mo. Const. art. IV, § 34 Recognition of outstanding bonds—determination, certification and collection of annual state highway bond tax
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All bonds issued under or recognized by section 44a of article IV of the previous constitution, which remain unpaid shall be valid obligations of the state and shall be paid according to the tenor thereof. On or before the first day of July of each year the state auditor shall de…
Mo. Const. art. IV, § 35 Agriculture, department of—director, how appointed—funds to be provided, how
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The department of agriculture shall be in charge of a director appointed by the governor by and with the advice and consent of the senate. The general assembly shall provide the department of agriculture with funds adequate for administration of its functions; and shall enact suc…
Mo. Const. art. IV, § 36 Forestry and forest fires
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The general assembly may enact laws to encourage forestry, and prevent and suppress forest fires on private lands.
Mo. Const. art. IV, § 36(a) Economic development, department of—duties of department—director, how appointed
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The department of economic development shall be in charge of a director appointed by the governor, by and with the advice and consent of the senate. The department shall administer all programs provided by law relating to the promotion of the economy of the state, the economic de…
Mo. Const. art. IV, § 36(b) Department of insurance, established—director, appointment—office of consumer affairs to be established within department, duties
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The department of insurance shall be headed by a director of the department of insurance who shall be appointed by the governor with the advice and consent of the senate. The organization and duties of the department of insurance shall be determined by law. All references to the …
Mo. Const. art. IV, § 37 Social services, department of—duties of department—director, how appointed
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The health and general welfare of the people are matters of primary public concern; and to secure them there shall be established a department of social services in charge of a director appointed by the governor, by and with the advice and consent of the senate, charged with prom…
Mo. Const. art. IV, § 37(a) Mental health, department of—duties of department—director, how appointed
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The department of mental health shall be in charge of a director who shall be appointed by the commission, as provided by law, and by and with the advice and consent of the senate. The department shall provide treatment, care, education and training for persons suffering from men…
Mo. Const. art. IV, § 39 Cooperation with federal and other state governments
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In all matters of public welfare the general assembly may provide by law for cooperation with the United States, or other states.
Mo. Const. art. IV, § 40(b) Incumbent members
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The members of the present conservation commission shall serve out the terms for which they were appointed, with all their powers and duties.
Mo. Const. art. IV, § 40(a) Conservation commission, members, qualifications, terms, how appointed—duties of commission—expenses of members
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The control, management, restoration, conservation and regulation of the bird, fish, game, forestry and all wildlife resources of the state, including hatcheries, sanctuaries, refuges, reservations and all other property owned, acquired or used for such purposes and the acquisiti…