ASSEMBLY CONCURRENTRESOLUTION No. 146
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED FEBRUARY 26, 2008
Sponsored by:Assemblyman NELSON T. ALBANODistrict 1 (Cape May, Atlantic and Cumberland)Assemblyman MATTHEW W. MILAMDistrict 1 (Cape May, Atlantic and Cumberland)SYNOPSIS
Proposes constitutional amendment to establish annual State appropriationscap.
CURRENT VERSION OF TEXT
As introduced.
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ALBANO, MILAM2
EXPLANATION – Matter enclosed in bold-faced brackets
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thus
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in the above bill isnot enacted and is intended to be omitted in the law.Matter underlined thus is new matter.
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ONCURRENT
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ESOLUTION
proposing to amend Article VIII,1Section II of the Constitution of the State of New Jersey.23
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ESOLVED
by the General Assembly of the State of New
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Jersey (the Senate concurring):
561. The following proposed amendments to the Constitution of 7the State of New Jersey are agreed to:89PROPOSED AMENDMENTS1011Amend Article VIII, Section II, paragraph 2 to read as follows:122. a. No money shall be drawn from the State treasury but for13appropriations made by law. All moneys for the support of the State14government and for all other State purposes as far as can be15ascertained or reasonably foreseen, shall be provided for in one16general appropriation law covering one and the same fiscal year;17except that when a change in the fiscal year is made, necessary18provision may be made to effect the transition. No annual general19appropriation law or other law appropriating money for any State20purpose shall be enacted if the
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appropriation
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appropriations21contained therein, together with all prior appropriations made for22the same fiscal period, shall exceed the total amount of revenue on23hand and anticipated which will be available to meet such24appropriations during such fiscal period, as certified by the25Governor. Any law appropriating money for any State purpose26shall display all appropriations as line-item appropriations27designating a specific amount of money expressed as a specific28numerical figure for a particular purpose and not by means of 29general language committing funds in an unspecified, conditional or30contingent amount for any purpose.31b. In each State fiscal year commencing after approval of this32amendment by the voters, no annual appropriation law or33supplemental appropriation law or other law appropriating money34from any source, for any State purpose for that fiscal year shall be35enacted if the appropriation or appropriations contained therein,36together with all prior appropriations made for the same fiscal year,37exceeds the amount of total State appropriations enacted for the38prior fiscal year by four percent.39The following shall not be subject to the fiscal year appropriation40limit established in this subparagraph:41(1) appropriations of State aid for school districts, municipalities42and counties;43(2) appropriations for the purpose of providing property tax44
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ALBANO, MILAM3relief or for the purpose of reducing or offsetting property taxes;1and2(3) appropriations for the purpose of supporting emergency3service personnel and equipment.4The appropriation limit for the first State fiscal year commencing5after approval of the amendment adding subparagraphs b. through e.6of this paragraph shall be determined based upon the amount of all7appropriations enacted in the prior fiscal year, exclusive of 8appropriations listed as exceptions in (1) through (3) of this9subparagraph b., but converting all appropriations that were made10during that prior fiscal year by means of general language11committing funds in an unspecified, conditional or contingent12amount to specific amounts of money expressed as specific13numerical figures.14c. Notwithstanding the provisions of subparagraph b. of this15paragraph, the Legislature may, from time to time, provide by law16for an appropriation or appropriations in excess of the appropriation17limit provided in subparagraph b. of this paragraph if the bill that18proposes to enact such excess appropriation or appropriations is19passed by the Legislature as a fiscal emergency measure by the20affirmative vote of two-thirds of the authorized membership of each21house of the Legislature, notwithstanding the provisions of Article22IV, Section IV, paragraph 6 of this Constitution to the contrary.23Appropriations enacted as fiscal emergency measures pursuant to24subparagraph c. of this paragraph shall not be used in determining25the base amount of enacted appropriations for the prior fiscal year26for the purpose of determining an annual appropriation limit for any27fiscal year.28d. No transfer of an item of appropriation or other budgetary29mechanism shall allow for an appropriation in excess of the30appropriation limit provided in subparagraph b. of this paragraph31except under the procedure in subparagraph c. of this paragraph.32e. If any function or service performed by the State is33transferred to, or its costs of operation or performance are assumed34by, any agency or instrumentality of the State or of any county or35municipality with the power to issue bonds to finance the36undertaking of any function or the performance of any service, the37decrease in State appropriations in the fiscal year in which the38transfer or assumption occurred shall be deemed to have occurred39in the prior fiscal year in order to decrease the prior year40appropriations as the base upon which the appropriation limit shall41be calculated. "Bonds" as used in this subsection means bonds that42do not constitute a debt or liability of the State or of any of its43counties or municipalities or a pledge of the faith and credit of the44State or of any of its counties or municipalities.45(cf: Art.VIII, Section II, par.2, January 1, 1948)46472. When this proposed amendment to the Constitution is finally48
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