SENATE CONCURRENT RESOLUTION No. 16

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 18, 1996

 

 

By Senator KENNY

 

 

A Concurrent Resolution proposing to amend paragraph 2 of Article VIII, Section II, 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. 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] as determined pursuant to the most recent estimate of such amount by the State Revenue Forecasting Commission.

(cf: Article VIII, Section II, paragraph 2, effective January 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 ne 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 (•) in the square opposite the word ‘Yes’. If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word ‘No’.

    In every municipality the following question:





 

 

MAKES STATE REVENUE FORECASTING COMMISSION ESTIMATES BINDING FOR BALANCED STATE BUDGET











 

YES

Do you approve of the amendment to paragraph 2 of Article VIII, Section II of the State Constitution agreed to by the Legislature, providing that the total amount of State revenue on hand and anticipated which will be available to meet annual and supplemental appropriations during a fiscal year shall be determined pursuant to the most recent estimate of such amount by the State Revenue Forecasting Commission, instead of by the certification of the Governor?

 

 

INTERPRETIVE STATEMENT














 

NO

The State Constitution's balanced budget provision forbids the enactment of an appropriation that exceeds the revenue on hand and anticipated to be on hand during a fiscal year to meet the appropriation. Currently the Constitution provides that the Governor has the sole responsibility to certify whether there will be enough revenue to meet an appropriation. This constitutional amendment gives the State Revenue Forecasting Commission the responsibility for determining whether there will be enough revenue to meet, and therefore permit enactment of, an appropriation.

 

 

STATEMENT

 

    This concurrent resolution proposes a constitutional amendment that requires that the determination of the total amount of State revenue on hand and anticipated to meet an annual balanced State budget and supplemental State appropriations during a fiscal year be made pursuant to the most recent estimate of such amount by the State Revenue Forecasting Commission instead of the current method of annual certification of revenues solely by the Governor. Changes in estimated annual revenues on hand and anticipated to support a balanced State budget and supplemental appropriations during a fiscal year would be reflected in periodically revised, written estimates required to be made by the commission after conducting public hearings. The process of revenue estimating by the current bi-partisan State Revenue Forecasting Advisory Commission is made into a regular, periodic and binding revenue estimating process through a companion bill to this concurrent resolution.

 

                             

Proposes constitutional amendment requiring State revenue estimates for purposes of a balanced State budget be determined by State Revenue Forecasting Commission.