For your information and use in the 2003 session, we enclose a summary of the one Senate Ruling from the 2002 session. This summary will be included in the Senate Precedents section of the 2003 edition of the Rules and Precedents of the General Assembly. It will also be available online.

As always, our goal is to make these summaries as complete, accurate, and useful as possible. If you or members of your staff have any comments or suggestions, I hope you will let us know.

Cc: Marcia Goodman, Legislative Commissioner's Office

Vita Hardy, Senate Clerk's Office

Mark Taylor, Senate Democrats

Morgan O'Brien, Senate Republicans

VOTING (OVERRULED)

During the second year of the biennial budget, a bill was introduced that would change the budget's surplus appropriations and use the funds for purposes or expenditures that were different from those initially approved. (The prior appropriations had been approved by a 3/5 vote, as required by the Connecticut Constitution. ) A member raised a point of order whether a 3/5 vote was required to approve the appropriations changes.

The president ruled the point well taken. Section 18(c) of the constitution requires a 3/5 vote to authorize use of unappropriated surplus for purposes other than to fund a budget reserve (Rainy Day) fund or to reduce the state's bonded indebtedness. This provision would be rendered meaningless if the legislature could amend the budget's surplus appropriations by a simple majority vote.

Rell, April 24, 2002

The ruling was appealed and overruled.

SP-L: ts