§37-92  Proposed general fund
appropriations; executive branch; judicial branch.  (a)  The governor shall
submit a plan of proposed appropriations for the State to the legislature which
shall accompany the state budget in odd-numbered years and the supplemental
budget in even-numbered years.  The plan of proposed appropriations shall
include the executive budget, proposed grants to private entities, and any
specific appropriation measures to be proposed by the executive branch, and
estimates of the aggregate proposed appropriations of the judicial and
legislative branches of government.  In any year in which the plan of proposed
appropriations from the general fund exceeds the expenditure ceiling, the
governor shall set forth the dollar amount, the rate by which the expenditure
ceiling would be exceeded, and the reasons for proposing appropriations in
excess of those allowed under the expenditure ceiling.



(b)  The proposed appropriations from the
general fund for each year of the biennium or each supplementary budget fiscal
year for the executive and judicial branches shall not be increased over the
appropriations from the general fund for the preceding fiscal year for each
branch, respectively, by more than the state growth, except as provided in this
section.  For purposes of this subsection, the appropriations from the general
fund for the executive and judicial branches shall not include any
appropriations representing amounts authorized by the legislature under section
37-93(b).



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



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



(e)  The governor shall also include a
statement or summary showing (1) recommended appropriations from the general
fund for the executive branch for the ensuing fiscal year or fiscal biennium,
(2) actual appropriations from the general fund for the executive branch plus
any recommended appropriations from the general fund for the executive branch
for the fiscal year in progress, (3) the appropriations from the general fund
for the executive branch for the previous fiscal year, and (4) the general fund
appropriation ceiling for the executive branch as established by subsection (b)
for the fiscal year in progress and for the ensuing fiscal year or, when
necessary, for each fiscal year of the ensuing biennium.



(f)  The chief justice shall submit a plan of
proposed appropriations of the judicial branch to the legislature which shall
accompany the judiciary biennial budget in odd-numbered years and the
supplemental budget in even-numbered years.  The plan of proposed
appropriations shall include the judiciary budget, proposed grants to private
entities, and any specific appropriation measures to be proposed by the
judicial branch.



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



(h)  The governor or the chief justice may
propose appropriations from the general fund for the executive or judicial
branches, respectively, in excess of those allowed by subsection (b) if the
governor or the chief justice sets forth the dollar amount and the percentage
change in excess of the appropriations allowed by subsection (b), and the
reasons 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 from
appropriation ceiling.  Att. Gen. Op. 85-17.