NC court again tackles governor’s budget powers


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Submitted: Tue, 09/15/2009 - 3:17pm
Updated: Mon, 10/08/2012 - 5:48pm By:

RALEIGH — North Carolina courts have again weighed in on how far a governor can go to balance the state’s budget. The state Court of Appeals ruled Tuesday former Gov. Mike Easley was wrong to take $80 million from a dedicated road-building fund to reduce the state’s operating shortfall eight years ago. Judge Robert Hunter of Morehead City wrote for the majority that a governor can’t transfer money from one fund to another without legislative approval. Judge Linda McGee argued in a dissenting opinion that such a narrow interpretation of the state constitution would hamstring governors from acting quickly to plug a deficit. State courts have heard two similar cases recently involving how Easley managed the budget shortfall this decade. (Copyright 2009 by The Associated Press. All Rights Reserved.)

2 Comments

  • SurfCityTom says:

    Her Majesty and her use of Education Lottery funds?

  • Commonsensenotcommontoday says:

    Very simple wording:

    “No monies collected and designated for a specific fund or purpose shall be shifted to any expenditure other than that originally intended without the affirmation of a two-thirds majority of both Legislative houses.”

    Easley used everything as his personal slush-fund to pay for his pet projects, and Purdue is following right in his footsteps. If the Legislature passes a tax such as the E911 fund, who is the governor to loot it whenever the mood strikes him?

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