Alabama Attorney General Opinion 1979-0116

OFFICE OF THE ATTORNEY GENERAL LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SEMURS, JR. EXECUTIVE ASSISTANT W S. Turman CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA April 12, 1979 ADMINISTRATIVE BUILDING 44 NORTH UNION MONTOOMERT. AREA (SOU. 334 5150 34130 Representative Robert E. Albright 2024 Stanhope Drive, N.E. Huntsville, Alabama 35811 Schools - Proration of Education Appropriations - Authority of the Governor. Dear Representative Albright: I have reviewed your letter in which you request an opinion of this office concerning the proration of funds appropriated in the 1978 Education Appropriations Act. You specifically inquire as to the extent of proration allowed by law and at what time must any excess monies pro- rated be released. Both of your questions are answered substantially in Section 41-4-90, Code of Alabama 1975. Section 41-4-90 prohibits the existence of a deficit budget in the several funds of the State of Alabama. In that Section the legislature gave the Governor of Alabama not only the authority but the duty to restrict allotments from State appropriations so as to prevent an overdraft or deficit in any fiscal year for which appropriations are made. The Section specifically states as its purpose: "The purpose of this provision is to insure that there shall be no over- draft or deficit in the several funds of the state at the end of any fiscal year, and the governor is directed and required to administer this article to prevent any such overdraft or deficit." (Emphasis supplied) Representative Robert E. Albright April 12, 1979 Page Two Thus, the Governor is specifically given the authority to restrict allotments of appropriated monies to whatever ex- tent necessary to prevent deficit spending. The Governor is not authorized to restrict allotments beyond that which may be necessary. And in order to comply with and carry out his duty to this end, the Governor may withhold any excesses in such proration for such time as may be reason- able in order to determine the extent to which the appro- priation can be funded. In your opinion request you make reference to the pro- vision in Section 10 of Act 12, Second Special Session, Alabama Legislature 1978 (the Education Appropriations Act) wherein the legislature stated an amount which the Education Appropriations measure might be prorated. It is the opinion of this office that that statement is merely an estimate by the legislature of the amount which the appropriation would exceed estimated revenues for the coming year. This statement is nothing more than an acknowledgement by the legislature that the appropriations made in Act 12, supra, would have to be prorated. The amount and extent of the proration which might be necessary is covered in Section 41- 4-90 and may not be changed merely by a statement in an appropriations bill. I trust that we have answered your question sufficiently. If we can be of further assistance to you in this or any other matter, please do not hesitate to call upon our office. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL By- AlifaX ROSA G. HAMLETT ASSISTANT ATTORNEY GENERAL RGH: dpr