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Legislative counsel briefs JFAC on 'power of the purse' and appropriation law
Summary
Elizabeth Bowen, legislative legal counsel, reviewed constitutional and statutory limits on appropriations, including the legislature's plenary appropriation authority, the balanced budget requirement, item‑veto rules, account categories, and JFAC's statutory duties.
Elizabeth Bowen, legislative legal counsel with the Legislative Services Office, briefed the committee on the constitutional and statutory basis for the legislature’s appropriation powers — commonly described as the ‘‘power of the purse.’’
Bowen traced the authority to make appropriations to the Idaho Constitution and relevant case law and emphasized that appropriations are statutes of equal weight to other law. She reviewed constitutional limits that affect appropriations, including the balanced‑budget requirement (Article 7, section 11), the restriction that money may be withdrawn from the state treasury only under appropriation (Article 7, section 13), and the item‑veto rule for appropriation bills (Article 4, section 11). Bowen also summarized other constitutional requirements for bills (enacting clause, single‑subject and title requirements, and amendatory act provisions) and noted that conditions, limitations and restrictions attached to appropriations are enforceable.
Bowen described relevant Idaho Code provisions that shape JFAC’s work, including statutes that define the committee, permit interim meetings and subcommittees, require agencies to report receipts and expenditures to LSO, and authorize JFAC to draft and introduce appropriation bills. She described the four account categories used in appropriations — personnel, operating, capital outlay, and trustee/benefit payments — and explained that transfers between account categories are limited absent board of examiners or legislative approval.
Why it matters: the legal framework Bowen outlined defines the committee’s boundaries when it drafts appropriation language, imposes conditions, or considers transfers. Bowen reminded members that conditions attached to appropriations are statutory directives and cannot be removed by an item veto.
Next steps: Bowen said she would be available to counsel JFAC as it drafts appropriation language and when members have questions about limits, conditions, and statutory mechanics.
