Fifteen states, in addition to Mary-
land, have provisions for an "executive
budget" in their constitutions. The out-
line which follows contains information
relevant to the so-called "executive
budget": its use in other states, its self-
contained limitations on the legislature,
and its applicability to budget requests
for the judiciary and for educational
purposes.
The governor in each of these fifteen
states must present to the legislature at
beginning of each regular session esti-
mates of the amount of revenue which
is required to be raised by taxation for
all purposes.2
West Virginia's Constitution suggests
a limitation upon the legislature in re-
gard to the judicial budget :
"Legislature not to amend budget
bill so as to create deficit; may in-
crease or diminish items relating to
legislature and increase items relating
to judiciary, but may not otherwise
alter except to strike out or reduce
items; compensation of public officers
not to be increased or diminished dur-
ing their terms; upon passage by both
1 This article was prepared for the Commis-
sion by Kenneth L. Lasson, a research assistant
for the Commission and at present Assistant to
the Dean at the University of Maryland
School of Law; B.A., 1963, The Johns Hop-
kins University; LL.B., 1966, University of
Maryland; M.A., 1967, The Johns Hopkins
University.
2 ala. const, art. V, § 123; alas. const.
art. IX, § 12; cal. const, art. IV, § 34;
gold. const, art. IV, § 8; ga. const, art.
VII, § IX (1) ; hawaii const, art. VI, § 4;
idaho const, art. IV, § 8; ill. const, art.
V, § 7; mass. const. Am. LXIII, § 2; Mo.
const, art. IV, § 24; mont. const, art. VII,
§ 10; neb. const, art. IV, § 7; N.Y. const.
art. VII, § 2; tex. const, art. IV, § 9; W.
va. const, art. VI, § 51, art. VI, § 51B, art.
VIII, § 6.
238
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houses, bill becomes law without fur-
ther action by governor."3
The essential clauses in the constitu-
tions of the other fourteen states which
prescribe executive budget systems are
listed below.4
alabama :
Art. IV, § 70 — governor transmits
revenue bills to house of representa-
tives, to be used or dealt with as that
house may elect; senate may propose
amendments to revenue bills.
Art. IV, § 71 — general appropriation
bill embraces nothing but appropria-
tions for ordinary expenses of the three
branches, for interest on the public
debt, and for public schools.
Art. V, § 123 — governor presents esti-
mates of amount of money required to
be raised by taxation (for all pur-
poses) at commencement of each reg-
ular session.
alaska:
Art. IX, § 12; Art. IX — governor sub-
mits to legislature proposed expendi-
tures, anticipated income of all de-
partments and agencies of' the state.
california :
Art. IV, § 34 — governor submits to
legislature proposed expenditures, an-
ticipated income of all departments
and agencies of the state.
Art. IV, § 34 — until the governor's "budg-
et bill" is enacted, neither house can
place upon a final passage any other
appropriation bill.
Art. IV, § 34 — governor may reduce or
eliminate any item(s) of appropriation
while approving other portions of the
bill.
Art. IV, § 34 — items of appropriation
subject to referendum.
Art. IV, § 34a — public school system
appropriations from "General Fund"
may exceed five per cent of such fund.
colorado :
Art. IV, § 8 — presentation of executive
budget by governor.
3W. va. const, art. VI, § 5 IB.
4 Cf. md. const, art. Ill, § 52.
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