Bill Text: NJ SCR66 | 2010-2011 | Regular Session | Introduced

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Bill Title: Amends the State Constitution to provide for a continuation State budget limited to prior year appropriations amounts if the annual State budget act is not enacted at start of State fiscal year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Budget and Appropriations Committee [SCR66 Detail]

Download: New_Jersey-2010-SCR66-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 66

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 4, 2010

 

 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris)

 

 

 

 

SYNOPSIS

     Amends the State Constitution to provide for a continuation State budget limited to prior year appropriations amounts if the annual State budget act is not enacted at start of State fiscal year.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VIII, Section II, paragraph 2 of the Constitution of the State of New Jersey.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VIII, Section II, paragraph 2 to read as follows:

     2.    a.  No money shall be drawn from the State treasury but for appropriations made by law. All moneys for the support of the State government and for all other State purposes as far as can be ascertained or reasonably foreseen, shall be provided for in one general appropriation law covering one and the same fiscal year; except that when a change in the fiscal year is made, necessary provision may be made to effect the transition. No general appropriation law or other law appropriating money for any State purpose shall be enacted if the appropriation contained therein, together with all prior appropriations made for the same fiscal period, shall exceed the total amount of revenue on hand and anticipated which will be available to meet such appropriations during such fiscal period, as certified by the Governor.

     b.    (1) If the annual general appropriation law for a fiscal year shall not have been enacted by the first day of the fiscal year, a State continuation budget shall automatically become effective on that date for the fiscal year, without any action of the Legislature or the Governor.  The State continuation budget shall be the prior fiscal year's annual general appropriation law and all appropriations provisions enacted during that prior fiscal year shall be continued.

     (2)   Each appropriation enacted during the prior fiscal year shall be continued, but only in an amount equal to the amount of that appropriation made for the preceding fiscal year, and these amounts in the State continuation budget shall not be modified during the fiscal year.  The only modifications to the State continuation budget that may be addressed shall be the superseding of limitations, conditions or restrictions within the State continuation budget that refer to dates that have transpired during the prior fiscal year.

(cf: Art. VIII, Sec. II, par. 2, effective Jan. 1, 1948)

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		PROVIDES FOR A CONTINUING STATE BUDGET AT PRIOR YEAR'S LEVEL IF ANNUAL BUDGET ACT IS NOT ENACTED AT START OF STATE FISCAL YEAR
	YES	Do you approve the amendment of Article VIII, Section II, paragraph 2 of the Constitution of the State of New Jersey, to provide for a State continuation budget that shall become effective without any action of the Legislature or the Governor, if the State annual appropriation act is not enacted by the start of the State fiscal year, which State continuation budget shall be the prior fiscal year's annual general appropriation act, but only with each appropriation set at an amount equal to the amount of that appropriation made for the prior fiscal year, which amounts shall not be modified during the fiscal year, and any modifications limited to the superseding of limitations, conditions or restrictions within the State continuation budget that refer to dates that have transpired during the prior fiscal year?

 

		INTERPRETIVE STATEMENT
	NO	This constitutional amendment provides for a continuation State budget, based on the spending authority enacted in the prior fiscal year, if the annual State budget act is not enacted at the start of the State fiscal year.  This continuation budget will set each appropriation amount at an amount equal to the amount made for the prior fiscal year, which amounts shall not be modified during the fiscal year of the continuation budget.

 

 

STATEMENT

 

     This constitutional amendment provides for continuing State budget spending authority, limited to the State spending authority enacted in the prior fiscal year, if the annual State budget act is not enacted at start of the State fiscal year.  This continuation budget will set each appropriation amount at an amount equal to the amount made for the prior fiscal year, which amounts shall not be modified during the fiscal year of the continuation budget.  The only changes allowed during the fiscal year in which a continuation budget takes effect will be modifications limited to the superseding of limitations, conditions or restrictions within the State continuation budget that refer to dates that have transpired during the prior fiscal year.