KEAN: GOVERNOR SHOULD RED-LINE BUDGET PORK
Use The Line Item Veto Stop Wasteful Late Night Spending Binge

Senator Thomas Kean, (R-21), issued the following statement regarding a letter sent to Governor Jon Corzine asking him to use his constitutionally authorized line item veto to remove wasteful political pork from the State budget. The letter is attached.
News Release from . . .
NJ Senate Republicans

www.njleg.state.nj.us
Senate Republican Office, P.O. 099, Trenton, NJ 08625; (609) 292-5199, Fax: (609) 984-8148
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July 7, 2006
(908) 232-3673

Contact: Renee Trabert
Senator Thomas Kean

KEAN: GOVERNOR SHOULD RED-LINE BUDGET PORK
Use The Line Item Veto Stop Wasteful Late Night Spending Binge

Senator Thomas Kean, (R-21), issued the following statement regarding a letter sent to Governor Jon Corzine asking him to use his constitutionally authorized line item veto to remove wasteful political pork from the State budget. The letter is attached.

The Governor of the State of New Jersey has the constitutional authority to excise politically motivated special interest funding hidden in the budget. He should exercise this authority to line-item-veto all of the “Christmas tree� items that have been inserted into this budget. Line item appropriations made to specific corporations or municipalities are in my opinion unconstitutional because they run contrary to Article IV, Section VII Paragraph 7 of the State Constitution.

Unfair preferences have no place in the state’s budget document and it is time that this practice is ended. The taxpayers of this state deserve nothing less.

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July 7, 2006

Honorable Jon S. Corzine, Governor
State of New Jersey
State House
Trenton, NJ 08625

Dear Governor Corzine:

During each of the past four years, budget negotiations have culminated with the Democrat-led majority inserting millions of dollars of Christmas tree items into the budget. At times their existence has been open and obvious. Other times, they have hid these Christmas tree items well, cloaking them in departmental funds, such as the $26 million in grants identified in the Robinson v. Corzine, that you wisely chose to freeze.

However, not once in those years did Governor McGreevey or Governor Codey exercise their constitutional authority as Governor to line-item-veto these unconstitutional appropriations. As this year’s budget cycle draws to a close, there are rumors of the Democratic majority in both houses demanding the insertion of Christmas tree items in this year’s budget. While I can only hope these rumors are just that, rumors; I write to demand that this year’s budget spectacle not be made any more woeful by allowing the insertion of Christmas tree items into this already oppressive and precariously fragile budget.

I ask, on behalf of all taxpayers, that you will join me in calling for the leaders of both houses to bring an end to this unconstitutional practice and, should they ignore our calls, that you, as Governor, will exercise your line-item-veto to remove any Christmas tree items from the budget.

So we are clear, the items I am referring to are those unconstitutional line-item appropriations made to specific corporations or municipalities. It is my view that these appropriations offend Article IV, Section VII, Paragraph 7 of the New Jersey State Constitution prohibiting special legislation.

The state budget, by its very intent and purpose, must be drafted and enacted for the good of all New Jersey citizens, not just for the benefit of a select few -- those who find favor with an individual legislator. As the New Jersey courts have recognized: "[T]he vice in special laws is that they foster favoritism. The purpose of the constitutional prohibitions is to prevent abuse of the legislative process by picking favorites." Brown v. Township of Old Bridge, 319 N.J. Super. 476, 507 (App. Div. 1999). “In effect, the prohibitions eliminate the invidious threat of unfair preferences and restrict the legislative power to grant favors to some at the expense of others." Jordan v. Horseman’s Benevolent and Protective Ass’n, 90 N.J. 422, 432 (1982).

Unfair preferences have no place in a document that represents the state’s fiscal future and therefore, should reflect the collective priorities of all of its people. The practice of Christmas tree items has persisted for far too long and it is time that it ended. If this week has taught us anything, it is that we cannot allow parochial concerns to take precedence over good policy; to allow politics to win out over the good people of this state. The taxpayers of this state have been underserved by Trenton’s legislative leadership throughout this budget process; their voices not heard; their pleas for tax relief ignored. Therefore, I call on you to see to it that not a single Christmas tree item appears in this budget and that if any such appropriations are made, that none survives your pen.

Sincerely,

Thomas H. Kean, Jr.
Senator, District 21