New Jersey Statutes Title 52. State Government, Departments and Officers 52 § 9H-18

Balances in the “Surplus Revenue Fund” shall not be available for appropriation except as provided in this act. Balances in the “Surplus Revenue Fund” may be appropriated by the Legislature only: a. upon separate certification by the Governor that anticipated revenues in the General Fund are estimated to be less than those certified by him upon approval of the annual appropriation act; or b. upon a finding by the Legislature, based on its research, that to offset revenue declines anticipated in the General Fund an appropriation from the “Surplus Revenue Fund” is a more prudent fiscal policy than imposing new taxes or increasing any rate of tax or otherwise modifying the tax structure, including elimination or modification of deductions, exclusions or exemptions.