Boneno v. State

ARNOLD, Judge.

As their first assignment of error, plaintiffs argue that G.S. 143-28.1 violates Article III, § 5(3) of the North Carolina Constitution which provides for a balanced budget. We disagree.

The provision to which plaintiffs refer provides that the Governor shall not, in administering the budget, permit a deficit to be incurred by the State on account of total expenditures exceeding total receipts. Plaintiffs apparently argue that the incurring of a contractual obligation constitutes an expenditure within the meaning of this provision. We hold, however, that an expenditure occurs…