§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.