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Legislative counsel briefs JFAC on 'power of the purse,' appropriation limits and related statutes
Summary
Legislative legal counsel Elizabeth Bowen told the committee that the state's power to appropriate is a plenary legislative power limited only by the state and federal constitutions, summarized key constitutional limits, item‑veto rules and statutes that define JFAC duties and appropriation law.
Elizabeth Bowen, legislative legal counsel with the Legislative Services Office, told the Joint Finance‑Appropriations Committee that the legislature's appropriation power stems from the constitutional separation of powers and that appropriation acts are statutes subject to constitutional constraints and the governor's item veto.
Bowen summarized the legal framework: "Money can be withdrawn from the state treasury only pursuant to an appropriation made by law," she said, citing Article 7, Section 13 of the Idaho Constitution as the controlling requirement. Bowen described appropriation law as "plenary" for the legislature (that is, broad in scope) but limited by constitutional prohibitions such as the requirement for a balanced budget, prohibition on sectarian appropriations and the single‑subject and enacting‑clause rules that apply to all acts.
She reviewed relevant statutes that affect JFAC's duties and the budget process, including statutory authority for JFAC to review budgets, create subcommittees, conduct hearings and draft appropriation bills; she also explained that appropriations are generally fixed by account category (personnel, operating, capital outlay, trustee and benefit payments) and cannot be moved between categories except by statutory process or board of examiners action when allowed by law.
Bowen noted that restrictions or conditions attached to an appropriation (for example, direction that money be spent only for a particular purpose) are legally binding and cannot be removed by the governor via the line‑item veto: if a condition is attached, it must be observed. She cited a court case (Santa Rosa v. Andress) addressing the limits on the governor's veto of conditions.
Why it matters: the briefing was a reminder of the legal limits on how appropriations can be drafted and amended, and the statutory role of JFAC in drafting and introducing appropriation legislation (Idaho Code citations were provided in the briefing). The committee received the legal outline to inform drafting and the imposition of conditions, limitations, or restrictions in appropriation language.
No formal action was taken; Bowen answered procedural questions from members about recision, transfers and the board of examiners' role.
