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sembly's additional supplementary appro-
priation bills. He has that now, under the
proposed constitution, under the Constitu-
tion as it exists. The only difference be-
tween what you say and what we have is
this: You say the governor should have
the responsibility, but that the legislature
may move these items about. It is still the
governor's responsibility.
What we say is the legislature has the
right to reduce. If the legislature wants
these programs, all it has to do is provide
the tax for it. The governor has the right
under our system to reduce or to eliminate
it by a line item veto. If they then pass it
over his veto, we know then this is a pro-
vision for a program put into the law, as
well as a tax for that program by the
General Assembly over the governor's veto.
DELEGATE J. CLARK (presiding) :
Delegate Hanson.
DELEGATE HANSON: Are you sug-
gesting then we are actually quite close to-
gether on this proposition, the principal
difference being that the thrust of my
questions would move the power of the
legislature back into the budgeting process
itself and make it indeed coextensive with
that of the executive branch?
DELEGATE SHERBOW: No. We are
as far apart as can be, because the way
in which you put it, if we were together
you would accept what we have here and
say this is good. We accept it. But when
you say it is not good, you do not accept
it, I say to you we are not together.
DELEGATE J. CLARK (presiding) :
Delegate Hanson.
DELEGATE HANSON: I am merely
asking questions at this point.
One other question, Judge Sherbow: As
I read the sections on supplementary ap-
propriation and capital expenditures, I am
somewhat concerned that we may be tight-
ening the restrictions on the legislature,
particularly in the field of capital expendi-
tures, even more severely than they are
tight at the present time.
I wonder if you would please explain, or
assure me this is not so; or if it is so, ex-
plain why it is so and why it should be
done.
DELEGATE SHERBOW: No, we are
not tightening the requirements as to capi-
tal expenditures. The only thing we have
said is that up until now the legislature
in the capital budget construction provides
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a real estate tax for its supplementary
appropriations.
Now that we are removing the specific
tax, real estate particularly, we are saying
that if the full faith and credit and unlim-
ited taxing power is behind that capital
budget requirement, then you must provide
the tax for it. All we are saying is it does
not have to be real estate tax.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Grumbacher.
DELEGATE GRUMBACHER: Mr.
Chairman, your answer to the last ques-
tion bothers me a little bit, sir. Does it not
tighten things up a little bit in that the
present method of financing the increases
put in by the legislature has been through
a blanket approval, a blanket deal with the
real estate tax, whereby the tax was set
finally by the Board of Public Works,
whereas now we might have to put in a
separate and distinct beer tax, perhaps?
DELEGATE J. CLARK (presiding) :
Delegate Sherbow.
DELEGATE SHERBOW: No, no, no. If
you read it carefully, Delegate Grumbacher,
what it says is "by a tax." You can still
use the real estate tax. You can still re-
quire that it shall be the real estate tax,
and the real estate tax shall be after you
determine the figure as set by the Board
of Public Works or whatever takes its
place.
If you want to put a beer tax in its place
you have to decide that, but there is noth-
ing that says what the tax shall be, which
is why I think it is broader than what you
have.
DELEGATE J. CLARK (presiding) :
Delegate Grumbacher.
DELEGATE GRUMBACHER: In other
words, you are saying, sir, the legislature
could require the governor to put in the
real estate tax an amount adequate to
cover this?
DELEGATE J. CLARK (presiding) :
Delegate Sherbow.
DELEGATE SHERBOW: You could not
require the governor to do this. You re-
quire the State. If you pass a bill for a
capital budget requirement as a supple-
mentary capital expenditure you have to
provide an action that is going to take care
of the interest and principal that is pro-
vided for its amortization.
When you do that, if it is going to be a
real estate tax, you may do so. If it is going
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