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



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



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



(2)  Setting forth the dollar amount and the rate by
which the appropriations allowed by the change in the state growth will be
exceeded; and



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



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



(c)  When revisions in the state personal
income series made by the United States Department of Commerce, Social and
Economic Statistics Administration, Bureau of Economic Analysis, or its
successor, result in the recalculation of expenditure ceilings which then are
found to be less than appropriation levels, the excess appropriations shall not
be deemed invalid and shall remain as authorized in their respective
legislative 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 the
Legislature were to make appropriations in excess of the general fund
expenditure ceiling.  Att. Gen. Op. 89-2.