§37-93  Legislature.  (a)  Thelegislature shall not make appropriations from the general fund for each fiscalyear of the biennium or each supplementary budget fiscal year which will exceedthe expenditure ceiling for that fiscal year.

(b)  Notwithstanding the prohibition insubsection (a), the legislature may make appropriations from the general fundin excess of those allowed by subsection (a) by:

(1)  A two-thirds vote of the members to which eachhouse of the legislature is entitled;

(2)  Setting forth the dollar amount and the rate bywhich the appropriations allowed by the change in the state growth will beexceeded; and

(3)  Setting forth the reasons for exceeding theappropriations allowed by the percentage change in the state growth;

in each act which will cause appropriations from thestate general fund to exceed those allowed by the change in state growth.

(c)  When revisions in the state personalincome series made by the United States Department of Commerce, Social andEconomic Statistics Administration, Bureau of Economic Analysis, or itssuccessor, result in the recalculation of expenditure ceilings which then arefound to be less than appropriation levels, the excess appropriations shall notbe deemed invalid and shall remain as authorized in their respectivelegislative sessions. [L Sp 1986, c 1, pt of §1; am L 1987, c 136, §4]

 

Attorney General Opinions

 

  Subsection (b) applicable only if aggregate executive,judicial, and legislative appropriations exceed expenditure ceiling.  Att. Gen.Op. 85-17.

  Discussion of requirements that would have to be met if theLegislature were to make appropriations in excess of the general fundexpenditure ceiling.  Att. Gen. Op. 89-2.