Missouri Court of Appeals, Western District / Date unavailable
Missouri Highways and Transportation Commission vs. Kenneth Zellers, Commissioner of Administration
The Missouri Highways and Transportation Commission (MHTC) sought to implement a pay plan for its employees using funds from the State Road Fund without additional legislative appropriation. The Commissioner of Administration refused, arguing that legislative appropriation was required. The trial court granted MHTC's motion for judgment on the pleadings, concluding that Article IV, section 30(b).1 of the Missouri Constitution permits MHTC to access and use these funds without legislative action for such purposes. The appellate court affirmed, holding that the constitutional provision unambiguously dictates that the entire State Road Fund stands appropriated without legislative action for its enumerated purposes, including employing necessary personnel.