Yesterday I noted with respect to a Minnesota bill that it was common for legislators to propose constitutional amendments to prohibit state courts from ordering funds to be expended. Late last week Kansas’ House Judiciary Committee advanced just such a bill, but with an interesting change.
HCR 5006, a state constitutional amendment introduced in January 2011 read
The executive and judicial branches shall have no authority to direct the legislative branch to make any appropriation of money or to redirect or limit in any fashion an appropriation already made by law, except as the legislative branch may provide by law or as may be required by the constitution of the United States.
It was amended in February 2012 to add a single phrase (in bold)
The executive and judicial branches shall have no authority to direct the legislative branch to make any appropriation of money or to redirect an appropriation or limit in any fashion an appropriation already made by law, except as the legislative branch may provide by law or as may be required by the constitution of the United States.
The bill lay dormant for the year until March 16 when the House Judiciary Committee took up the bill again, this time removing a provision (strikeout).
The executive and judicial branches shall have no authority to direct the legislative branch to make any appropriation of money or to redirect an appropriation or limit in any fashion an appropriation already made by law, except as the legislative branch may provide by law
or as may be required by the constitution of the United States.
The bill now advances to the House floor where it is on the calendar for March 26.
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