Minutes 04/26/1932 - Laserfiche WebLink

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April 26th, 1932. "'The Division of Purchase and Printing shall fttrnish to such clerks at the cost of the state suitable and necessary books for properly recording and indexing the deeds, deeds .of trust, mortgages, leases, contracts and agreements on which recordation taxes are collected under this section., f, The bill fin which this paragraph aooears makes no aoprooriation to cover the ex- penses of furnishing the books referred to-%herein and the ktto~ney General was asked to advise the Governor what legal effect~ if any, the above quoted provision has. as follows: He replied "Under the provisions of Section 186 of the ConstitutiOn it is provided: f~ '''' 'No money shall be oaid out of the State treasury,~except in pursuance of appropriations made by ~aw; and no such appropriation shall be made which is payable more than two years and six months after t~e~ end o~ the session of the General Assembly at which the law is enacted 8~thorizing the same;,,,,,, , "Senate Bill No. lO1, to which you refer, directing the Division of Purchasing and Printing to furnish clerks of city and county courts suitable and necessary boo~for recording and indexing deeds, deeds of trast, mortgages, leases, con- tracts and agreements on which recordation taxes are collected, makes no pro- vision for oaying the cost of oa~ryin~ ~out the ~rovisi~s ~ ~ ~ ~ . . . ~. · ~ ~ of the act. It con- ~azn~ no appropriation made acoordzng to ~he Oonst itution and, therefore, unless the appropriation made by the General Assembly to the Division of ~a~chase and PrLuting iss'~tfficient to cover the cost authorized b~ the bil~ the same can not ~ operative. It zs ~a~u to require a deoartment ~o oerform a ~uty' ~ wztaout' ~ hav- ~ng made provision to take cars of the co~t. - 0 0 0 0 0 0 0 0 0 "To the extent that no provision has been made to cover the cost necessary to be incurred, the act is inoperative so far as the direction to th~ Division of ~drchase and Printing is concerned.,, In the preparation of the State Budget for the nexz bianni~m the annual appropria- tion for public printing was reduced m~terially below the expenditures for the preceding year because of the reduced revenue available for expenditure by the State Government. This appropriation was not increased by the General Assembly and only by the utmost economy can it be made to cover the ordinary printing e~enditures of tbs State Government heretofore paid f~om this appropriation. ' ............. No funds were provided by the General Assembly to cover the cost of f ' ' ~ urn!shtn~ the books above referred tO and for this reason it will be impossible for the Division of ~v- cDase and Printing to provide such books until the General Assembly has made provision therefor. You are requested ~o- notify your board of supervisorsor c~ty' counczl' that' ~o pro- vision has been made to cover the cost of furnishing the books referred to in Senate Bill No. lO1 and for this reason the last paragraph of this bill reeuirin~ the State to furnish those books is inoperative ~ ~ - - ~' ~ · - , as s~atea by the Attorney ~eneral,.unt~l such aooropriation is made by the General Assembly. -- Senate Bill No. iOi amends ~' ~ S~u~zo.~ 121 of the Tax Code. Davis Bottom, Assistant Director, Division of Purchasing & Printing." and, on motion, referred to the Oity Attorney. 1931~, wasRep°rtreceived°f andJ'A'D'orderedParrishf~_e~.'~ on. auditing the ferry records ~o.~ ~ the month of March, On motion adjourned. GLERK.