Chapter 3.  Annual Budget
and Other Appropriations

Section 10.301.  Timing of annual budget.
Section 10.302.  Content of annual budget.
Section 10.303.  Annual budget appropriation.
Section 10.304.  Request for supplementary appropriation.
Section 10.305.  Grant request.
Section 10.306.  Balanced budget resolution.
Section 10.307.  United States federal agency program.

      Section 10.301.  Timing of annual budget.

     (1)  By February 1st of each year the Speaker, the Chief Justice, a department director, and an agencies' governing body or administrator submits to the Governor a written proposal of expenditures for the coming fiscal year in a manner determined by the Governor.  With the exception of Directors' proposals the Governor includes the proposals in the budget without revision.

     (2)  The Governor submits the annual budget for the coming fiscal year to the Legislature no later than June 1st of each year.

Amended by State Law 6-108 and 6-196.

      Section 10.302.  Content of annual budget.

     (1)  The annual budget includes:

     (a)  a budget message;

     (b)  recommendations which the public interest may require;

     (c)  summary data and text;

     (d)  supporting detail;

     (e)  proposed appropriations and expenditures for the Government operations for the coming fiscal year, showing the source of the funds proposed;

     (f)  anticipated revenues and other funds available to the Government from all sources in the coming fiscal year, including taxes, fees, fines, interest income, revenue or profits from agreements, United States grant funds, reimbursements for Government services, repayment of a loan, an unexpended balance from a previous year and an uncollected reimbursement or debt owed to the Government;

     (g)  recommendations as to how a deficit is to be met, either through additional revenues or reimbursements, or reduced appropriations and expenditures if the total of the proposed appropriations and expenditures exceeds the total of the funds estimated to be available for appropriation during the coming fiscal year;

     (h)  a statement of the balances of the Funds of the Treasury for the fiscal year last concluded, including the actual revenue by source, all appropriations, and the obligations and expenditures pursuant to each appropriation;

     (i)  a statement of the projected balance of the Funds of the Treasury for the fiscal year in progress, including all appropriations, estimated revenues by source, and anticipated obligations, and recommendations as to how the deficit is to be met, if the projected balance for Fund indicates a deficit;

     (j)  details of all budget requests to be submitted to the United States Government for the fiscal year which next follows the coming fiscal year;

     (k)  details of all economic development projects and construction projects to be funded or undertaken by the Government in the coming fiscal year, relating such projects to goals and objectives set forth in the Overall Economic Development Plan;

     (l)  proposed personnel levels for the Executives' principal departments and the agencies in comparison to personnel levels for the fiscal year in progress;

     (m)  a listing of all United States federal agency programs in which the Government will participate, or be entitled to participate, in the coming fiscal year, showing each program's total funding, number of personnel and planned activities, and the principal departments of the Executive, or the agency or other branch of Government which will administer the program grant; and

     (n)  other financial information and data necessary or desirable for showing in reasonable and practicable detail the Government's financial condition.

     (2)  The annual budget treats each position, principal department, division, bureau, unit, and other organizational entities of the Executive and agencies, whether or not the budget recommends funding.  If funding is not recommended, the Governor provides a detailed justification in the budget.

     (3)  Proposed expenditures for a Government construction project for the coming fiscal year appears in the proposed budget for the principal Executive department or for the agency which will have primary use or control of the facility once constructed.

      Section 10.303.  Annual budget appropriation.

     (1)  The Governor submits with the annual budget a bill to enact the budget.  The bill is consistent with the budget.

     (2)  An enactment of the budget may provide personnel levels and reprogramming authority.

     (3)  An appropriation is subject to amendment.

     (4)  An appropriation of funds from a non-State Government source adheres to a lawful restriction placed on use of the funds by the grantor of the funds, including reprogramming limits.

     (5)  An appropriation may limit the expenditure of funds to a specific purpose or in accordance with other stated conditions.

      Section 10.304.  Request for supplementary appropriation.

     (1)  The Governor may request the Legislature to enact an appropriation in addition to the annual budget, as may be required by laws enacted after enactment of the annual budget or for other reasons in the public interest.  A request includes the grounds therefore, including the reason for its omission from the annual budget.  If a request would create a deficit in a Fund of the Treasury the Governor recommends ways to meet the deficit.

     (2)  The Governor may request the Legislature to rescind existing budgetary authority by law.

      Section 10.305.  Grant request.
       Thirty days before the transmission deadline for a grant request by the Government to any source the requesting party submits to the Legislature a copy of the request.  Within twenty days of receipt the Legislature submits to the requesting party its written recommendations concerning the request, if any.  The requesting party gives full consideration to the recommendations and may alter the request accordingly.

      Section 10.306.  Balanced budget resolution.
       From all available information the Legislature adopts a resolution, subject to amendment by subsequent resolutions, stating the total funds estimated to be available for appropriation from the Funds of the Treasury during the coming fiscal year.  The resolution may also state the personnel levels to be funded from the total funds estimated to be available and may provide other spending limits or conditions.  Total appropriations and personnel levels for a fiscal year do not exceed the amount specified in the resolution.

      Section 10.307.  United States federal agency program.

     (1)  Upon the Code's taking effect an obligation of United States federal agency program monies does not occur without appropriation or authorization by law, except that the obligation of monies of a program appearing on the Federal Program Roster at that time may occur until December 31, 1985.

      (2)  Upon the Compact of Free Association's taking effect the Government's choice of a United States federal agency program requires Legislature approval by resolution.