There is hereby authorized an annual appropriation, for the purpose of supplementing, by transfer, any appropriation made for a capital improvement or other specific project, excluding annual operating appropriations. Such transfers may be made by the Governor, with the concurrence of the Committee on Rules of the Legislature, in the following cases only:

(a) Where the transfer is found to be necessary to avoid waste or to avoid undue delay in completing an improvement or project; and
(b) The total transfers shall in no event be more than
$5,000 or 10% of the appropriation, whichever is less, made for the improvement project.

SOURCE: GC § 6118.1.

COMMENT: The Legislature does not have the power to approve, through action of a committee, any matter which will bind or govern the Executive Branch. See Attorney General Opinion PCF# 85-1031; see also INS v. Chada, 103 S.Ct. 2754 (1983).

NOTE: GC § 6118.2, permitting the Executive to transfer operating funds, was repealed by P.L. 16-111:II:1, but see annual budget bills for this authority, if given. Also note that yearly appropriation laws may modify, for that year, the provisions of § 22404 and § 22405.