¶1dissenting. Article 5, Section 31 provides that any appropriation would require a two-thirds vote of the majority unless it falls within the exceptions therein contained: (1) for payment of the just debts of the State, (2) for defraying the necessary expenses of government, (3) to sustain the common schools, (4) to repel invasion and (5) to suppress insurrection; then only a majority vote is required.
¶2Article 5, Section 39 (from Amendment 19) provides two additional exceptions (1) money raised or collected for highway purposes and (2) moneys raised or collected for confederate pensions. It places additional restrictions on the common schools and the just debts of the State by requiring that these two likewise be by funds raised or collected for their purposes. It did not disturb necessary expenses of government, repel invasions or suppress insurrections. Humphreys v. Garrett does not apply.
¶3After these exceptions the general assembly may not spend more than 2.5 million unless they by three-fourths vote raise the limit. It could then be appropriated by two-thirds vote under Article 5, Section 31.
¶4Act 43 of 1989 appropriates funds for the executive, legislative and judicial; constitutionally mandated offices; therefore I would find it for defraying the necessary expenses of government requiring only a majority vote.