2025 Session Last amended: 1919 session

§ 16A.138 — Officials Not to Exceed Appropriation

Plain-Language Summary

State boards and officials cannot spend more money than the legislature has appropriated for a given purpose, and they cannot take on any debt on behalf of the state before the legislature has appropriated money for it. Violating these spending limits is a misdemeanor, and the governor has the authority to remove any official who exceeds the appropriation. This law enforces the legislature's control over state spending.

16A.138 OFFICIALS NOT TO EXCEED APPROPRIATION.

When there has been an appropriation for any purpose it shall be unlawful for any state board or official to incur indebtedness on behalf of the board, the official, or the state in excess of the appropriation made for such purpose. It is hereby made unlawful for any state board or official to incur any indebtedness in behalf of the board, the official, or the state of any nature until after an appropriation therefor has been made by the legislature. Any official violating these provisions shall be guilty of a misdemeanor and the governor is hereby authorized and empowered to remove any such official from office.

History:

(125) 1907 c 272 s 2; Ex1919 c 35 s 11

History: History: (125) 1907 c 272 s 2; Ex1919 c 35 s 11

Practical Notes

This is a fundamental fiscal control law—state agencies must operate within their legislative budget. Officials who sign contracts committing the state to spending beyond appropriated amounts risk both criminal prosecution and removal from office by the governor. Vendors doing business with state agencies should ensure that sufficient appropriated funds exist before relying on a state commitment to pay.

Source: Minnesota Office of the Revisor of Statutes