Art. III, Sec. IX, Para. II. Preparation, submission, and enactments of general appropriations bill.

State financing and investment generally, § 50-17-20 et seq.

For article, ‘‘Judicial Review in General Assistance,’’ see 6 J. of Pub. L. 100 (1957).

1976 Constitution.

Art. III, Sec. X, Paras. III, V; Art. X, Sec. II, Para. IX.

Purpose of appropriation control.

— The purpose of this and other paragraphs on appropriation control is to end the practice of allocating or earmarking particular taxes for the use by any specific department, and to require the General Assembly to appropriate from the general fund specific amounts for each fiscal year for the support of each department or agency. Gregory v. Hamilton, 215 Ga. 735, 113 S.E.2d 395 (1960). Cited in State Ports Auth. v. Arnall, 201 Ga. 713, 41 S.E.2d 246 (1947); Brown v. Wright, 231 Ga. 686, 203 S.E.2d 487 (1974); Georgia Ass’n of Educators v. Harris, 403 F. Supp. 961 (N.D. Ga. 1975); Briarcliff Haven, Inc. v. Department of Human Resources, 403 F. Supp. 1355 (N.D. Ga. 1975); Hilton Constr. Co. v. Rockdale County Bd. of Educ., 245 Ga. 533, 266 S.E.2d 157 (1980).

The General Assembly is responsi-General Assembly does not have authority to amend the revenue esti-Governor’s acquiescence to General Assembly proposal.

Governor may, by acquiescing in proposal by General Assembly to increase revenue estimate, effectively make that proposal the Governor’s revised revenue estimate. 1979 Op. Att’y Gen. No. 79-18. An appropriation’s Act does no more or no less than authorize maximum amount of funds to be spent for specified objects; it does not mandate such expenditures. 1973 Op. Att’y Gen. No. 73-80. The General Assembly may not consistently with this paragraph appropriate directly to an entity created as a separate corporate body, such as the Georgia Residential Finance Authority. 1975 Op. Att’y Gen. No. 75-40 (see Ga. Const. 1983, Art. III, Sec. IX, Para. II). Effect of paragraph on agency

spending authorization.

This paragraph prohibits an appropriations Act from doing anything other than authorizing a state agency to spend up to a maximum amount for a purpose or function which the agency is permitted or required by general law. 1977 Op. Att’y Gen. No. 77-87 (see Ga. Const. 1983, Art. III, Sec. IX, Para. II). Actual power of a public agency to tivities or purposes must be pursuant to a general law, not an appropriation’s Act. 1973 Op. Att’y Gen. No. 73-80. Agency not authorized to pledge

spend public money for particular accredit of state.

No agency may execute a contract with a private party for the purchase of goods or services which purports to obligate appropriations or state funds from any other source not on hand at the time of the contract or where the fiscal obligation of the agency depends for its full performance upon such future appropriations or the continued existence of any other source of state funds. 1974 Op. Att’y Gen. No. 74-115; 1978 Op. Att’y Gen. p. 267.

Payment of membership dues.

Departments, institutions, and agencies can pay dues and membership fees in state and national organizations from appropriated funds. 1968 Op. Att’y Gen. No. 68-110. This paragraph directs that the general appropriations Act be passed at regular session. 1952-53 Op. Att’y Gen. p. 257 (see Ga. Const. 1983, Art. III, Sec. IX, Para. II). ments to a general appropriations Act for a prior fiscal year. 1974 Op. Att’y Gen. No. 74-53 (see Ga. Const. 1983, Art. III, Sec. IX, Para. II). Discretion lies with the state agency to determine which fiscal ular contract. 1980 Op. Att’y Gen. No. 80-163. ment of Public Safety supplement rather than replace appropriated funds. 1974 Op. Att’y Gen. No. 74-140. Federal Educational Programs

This paragraph excludes amendyear’s funds were obligated by partic-Donated funds received by Depart-Editor’s notes.

In light of the similarity of the provisions, opinions under former Ga. Const. 1976, Art. X, Sec. II, Para. IX, relating to appropriation of matching funds to obtain federal funds in aid of education, are included in the annotations for this paragraph. Scholarship under this paragraph not burdened with employment and

repayment restrictions.

Under this paragraph, the General Assembly could appropriate money to the Department of Human Resources to be used for federal matching, and the department could make a scholarship directly to the student; scholarships made under this provision would carry no restriction as to employment or repayment. 1971 Op. Att’y Federal Educational Programs (Cont’d) Gen. No. 71-147 (see Ga. Const. 1983, Art. III, Sec. IX, Para. II). A state department or agency may implement a doctoral-level training program for employees, provided that it does so using regularly appropriated funds to obtain federal matching funds. 1973 Op. Att’y Gen. No. 73-154.

Am. Jur. 2d.

63C Am. Jur. 2d, Public Funds, § 64.

C.J.S.

81A C.J.S., States, §§ 387, 392 et seq.

ALR.

Validity and effect of provision of appropriation bill subjecting expenditure or payment of amounts appropriated to approval of governor or other officer not otherwise authorized, 91 ALR 1511.