§37-92  Proposed general fundappropriations; executive branch; judicial branch.  (a)  The governor shallsubmit a plan of proposed appropriations for the State to the legislature whichshall accompany the state budget in odd-numbered years and the supplementalbudget in even-numbered years.  The plan of proposed appropriations shallinclude the executive budget, proposed grants to private entities, and anyspecific appropriation measures to be proposed by the executive branch, andestimates of the aggregate proposed appropriations of the judicial andlegislative branches of government.  In any year in which the plan of proposedappropriations from the general fund exceeds the expenditure ceiling, thegovernor shall set forth the dollar amount, the rate by which the expenditureceiling would be exceeded, and the reasons for proposing appropriations inexcess of those allowed under the expenditure ceiling.

(b)  The proposed appropriations from thegeneral fund for each year of the biennium or each supplementary budget fiscalyear for the executive and judicial branches shall not be increased over theappropriations from the general fund for the preceding fiscal year for eachbranch, respectively, by more than the state growth, except as provided in thissection.  For purposes of this subsection, the appropriations from the generalfund for the executive and judicial branches shall not include anyappropriations representing amounts authorized by the legislature under section37-93(b).

(c)  The governor shall submit a plan ofproposed appropriations for the executive branch to the legislature which shallaccompany the state budget in odd-numbered years and the supplemental budget ineven-numbered years.  The plan of proposed appropriations shall include the executivebudget, proposed grants to private entities, and any specific appropriationmeasures to be proposed by the executive branch.

(d)  The budget documents presented by thegovernor to the legislature shall include a statement or summary showing (1)the total state personal income for each of the four calendar years immediatelypreceding the fiscal year for which appropriations from the state general fundare to be made, (2) the appropriations from the general fund for the previousfiscal year, (3) the appropriations from the general fund for the fiscal yearin progress, and (4) the general fund expenditure ceiling for the fiscal yearin progress and for the ensuing fiscal year or, when necessary, for each fiscalyear of the ensuing biennium.

(e)  The governor shall also include astatement or summary showing (1) recommended appropriations from the generalfund for the executive branch for the ensuing fiscal year or fiscal biennium,(2) actual appropriations from the general fund for the executive branch plusany recommended appropriations from the general fund for the executive branchfor the fiscal year in progress, (3) the appropriations from the general fundfor the executive branch for the previous fiscal year, and (4) the general fundappropriation ceiling for the executive branch as established by subsection (b)for the fiscal year in progress and for the ensuing fiscal year or, whennecessary, for each fiscal year of the ensuing biennium.

(f)  The chief justice shall submit a plan ofproposed appropriations of the judicial branch to the legislature which shallaccompany the judiciary biennial budget in odd-numbered years and thesupplemental budget in even-numbered years.  The plan of proposedappropriations shall include the judiciary budget, proposed grants to privateentities, and any specific appropriation measures to be proposed by thejudicial branch.

(g)  The budget documents presented by thechief justice to the legislature shall include a statement or summary showing(1) recommended appropriations from the general fund for the judicial branchfor the ensuing fiscal year or fiscal biennium, (2) actual appropriations fromthe general fund for the judicial branch plus any recommended appropriationsfrom the general fund for the judicial branch for the fiscal year in progress,(3) the appropriations from the general fund for the judicial branch for theprevious fiscal year, and (4) the general fund appropriation ceiling for thejudicial branch as established by subsection (b) for the fiscal year inprogress and for the ensuing fiscal year or, when necessary, for each fiscalyear of the ensuing biennium.

(h)  The governor or the chief justice maypropose appropriations from the general fund for the executive or judicialbranches, respectively, in excess of those allowed by subsection (b) if thegovernor or the chief justice sets forth the dollar amount and the percentagechange in excess of the appropriations allowed by subsection (b), and thereasons for proposing appropriations in excess of those allowed by subsection(b). [L Sp 1986, c 1, pt of §1; am L 1987, c 136, §3]

 

Attorney General Opinions

 

  "Expenditure ceiling" distinguished fromappropriation ceiling.  Att. Gen. Op. 85-17.