Judges: J.D. MacFARLANE, Attorney General
Filed Date: 9/12/1975
Status: Precedential
Modified Date: 7/5/2016
Governor Richard D. Lamm Office of the Governor 136 State Capitol Building Denver, Colorado 80203
Dear Governor Lamm:
QUESTION PRESENTED AND CONCLUSION
This is in response to your request of September 9, 1975 as to whether authority exists to permit the Governor to reduce expenditures below the levels authorized?
It is my opinion that authority exists to permit the Governor to reduce expenditures below the levels authorized when you have determined that appropriations will exceed revenue for a fiscal year.
ANALYSIS
Art.
If, during any fiscal period, there are not sufficient revenues available for expenditure during such period to carry on the functions of the state government and to support its agencies and institutions and such fact is made to appear to the governor, in the exercise of his discretion, by executive order, he may suspend or discontinue, in whole or in part, the functions or services of any department, board, bureau, or agency of the state government.
This section further provides that such action by the Governor shall be effective for a period not exceeding three months.
The Colorado Supreme Court has interpreted the constitutional provision cited above as imposing responsibility on the executive branch as well as on the legislature. Thus, in In Re Appropriations,
If legislative acts making appropriations in excess of constitutional limits have unfortunately received the governor's signature instead of his veto, he should nevertheless withhold his approval from any and all vouchers relating to such unconstitutional appropriations.
In Henderson v. People,
The Colorado Supreme Court interpreted what is now C.R.S. 1973,
The prohibition on the state's incurring any debt must be examined in light of the existence of a surplus of state funds carried over from year to year. It is my opinion that there may be insufficient revenue for purposes of the Governor's exercise of statutory power despite the existence of a surplus. Section
SUMMARY
Therefore, I conclude that, if you have determined from the facts available to you that revenues for this fiscal year are not adequate to meet the total amount appropriated, you have the authority to reduce expenditures below the levels appropriated.
Very truly yours,C.R.S. 1973, 24-30-303 C.R.S. 1973, 24-30-306 C.R.S. 1973,J.D. MacFARLANE Attorney General
EXECUTIVE BRANCH APPROPRIATIONS FISCAL YEAR
Colo. Const. art.
GOVERNOR, OFFICE OF Administration LEGISLATIVE BRANCH General AssemblyThe Governor has authority to reduce expenditures below the levels authorized when he has determined that appropriations will exceed revenue for a given fiscal year.