LEGISLATIVE APPROPRIATIONS; PROCEDURES;

EXPENDITURE CEILING


Section 9.  In each regular session in an odd-numbered year, the legislature shall transmit to the governor an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium.  In such session, no appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until the bill authorizing operating expenditures for the ensuing fiscal biennium, to be known as the general appropriations bill, shall have been transmitted to the governor.

In each regular session in an even-numbered year, at such time as may be provided by law, the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium, to be known as the supplemental appropriations bill, and bills to amend any appropriations for capital expenditures of the current fiscal biennium, and at the same time the governor shall submit a bill or bills to provide for any added revenues or borrowings that such amendments may require.  In each regular session in an even-numbered year, bills may be introduced in the legislature to amend any appropriation act or bond authorization act of the current fiscal biennium or prior fiscal periods.  In any such session in which the legislature submits to the governor a supplemental appropriations bill, no other appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until such supplemental appropriations bill shall have been transmitted to the governor.


GENERAL FUND EXPENDITURE CEILING


Notwithstanding any other provision to the contrary, the legislature shall establish a general fund expenditure ceiling which shall limit the rate of growth of general fund appropriations, excluding federal funds received by the general fund, to the estimated rate of growth of the State's economy as provided by law.  No appropriations in excess of such ceiling shall be authorized during any legislative session unless the legislature shall, by a two-thirds vote of the members to which each house of the legislature is entitled, set forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor. [Am Const Con 1968 and election Nov 5, 1968; am SB 1947-72 (1972) and election Nov 7, 1972; ren and am Const Con 1978 and election Nov 7, 1978]


Cross References


  Statutory references, see §§37-91 to 37-94.


Attorney General Opinions


  Supplemental appropriation bill is one that amends operating expenditures of current biennium; bills authorizing expenditures from general revenues must await passage, if any, of the supplemental appropriation bill; intention by Legislature not to pass supplemental bill should be clearly indicated by both houses.  Att. Gen. Op. 72-3.

  Appropriation bill is one that authorizes the expenditure of money and stipulates the amount, manner and purpose of the various items of expenditure.  Att. Gen. Op. 72-6.

  Where appropriations for operating costs and authorization for bond issues are contained in a single bill, the invalidity of one portion will not void the other, the matters being severable.  Att. Gen. Op. 73-3.

  Mandates one expenditure ceiling for all executive, judicial, and legislative appropriations.  Att. Gen. Op. 85-17.

  Discussion of requirements that would have to be met if the legislature were to make appropriations in excess of the general fund expenditure ceiling.  Att. Gen. Op. 89-2.

  Although express words "balanced budget" are not included in state constitution or statutes relating to state budget, constitutional and statutory provisions do require a balanced budget by requiring a description of proposed expenditures and sources of revenue to pay for them.  Att. Gen. Op. 97-1.










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