Bill Text: NJ ACR128 | 2024-2025 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to dedicate certain revenues for State transportation system.

Spectrum: Unknown

Status: (Introduced) 2024-03-18 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [ACR128 Detail]

Download: New_Jersey-2024-ACR128-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 128

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED MARCH 18, 2024

 

 

Sponsored by:

Assemblyman  MICHAEL TORRISSI, JR.

District 8 (Atlantic and Burlington)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to dedicate certain revenues for State transportation system.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VIII, Section II, paragraph 4 of the Constitution of the State of New Jersey.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VIII, Section II, paragraph 4 to read as follows:

     4.    There shall be credited to a special account in the General Fund:

     (a)   for each State fiscal year commencing on and after July 1, 2007 through the State fiscal year commencing on July 1, 2015 an amount equivalent to the revenue derived from $0.105 per gallon from the tax imposed on the sale of motor fuels pursuant to chapter 39 of Title 54 of the Revised Statutes, and for each State fiscal year thereafter, an amount equivalent to all revenue derived from the collection of the tax imposed on the sale of motor fuels pursuant to chapter 39 of Title 54 of the Revised Statutes or any other subsequent law of similar effect;

     (b)   for the State fiscal year 2001 an amount not less than $100,000,000 derived from the State revenues collected from the tax on the gross receipts of the sale of petroleum products imposed pursuant to P.L.1990, c.42 (C.54:15B-1 et seq.) as amended and supplemented, or any other subsequent law of similar effect, for each State fiscal year from State fiscal year 2002 through State fiscal year 2016 an amount not less than $200,000,000 derived from those revenues, and for each State fiscal year thereafter, an amount equivalent to all revenue derived from the collection of the tax on the gross receipts of the sale of petroleum products imposed pursuant to P.L.1990, c.42 (C.54:15B-1 et seq.) as amended and supplemented, or any other subsequent law of similar effect; [and]

     (c)   for the State fiscal year 2002 an amount not less than $80,000,000 from the State revenue collected from the State tax imposed under the "Sales and Use Tax Act," pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.), as amended and supplemented, or any other subsequent law of similar effect, for the State fiscal year 2003 an amount not less than $140,000,000 from those revenues, and for each State fiscal year thereafter an amount not less than $200,000,000 from those revenues; provided, however, the dedication and use of such revenues as provided in this paragraph shall be subject and subordinate to (a) all appropriations of revenues from such taxes made by laws enacted on or before December 7, 2006 in accordance with Article VIII, Section II, paragraph 3 of the State Constitution in order to provide the ways and means to pay the principal and interest on bonds of the State presently outstanding or authorized to be issued under such laws or (b) any other use of those revenues enacted into law on or before December 7, 2006;

     (d)   in addition to the amounts required pursuant to subsection (c) of this paragraph, in any State fiscal year in which a tax is imposed on the receipts from the sale of electric vehicles under the "Sales and Use Tax Act," pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.), as amended and supplemented, or any other subsequent law of similar effect, an amount equivalent to the amount of revenue annually derived from the tax imposed on the receipts from the sale of electric vehicles up to $100,000,000; and

     (e)   in any State fiscal year in which an additional motor vehicle registration fee is imposed only on electric vehicles, as may be provided by law, an amount equivalent to the amount of revenue annually derived from the additional registration fee.  These amounts shall be appropriated from time to time by the Legislature, only for the purposes of paying or financing the cost of planning, acquisition, engineering, construction, reconstruction, repair and rehabilitation of the transportation system in this State and it shall not be competent for the Legislature to borrow, appropriate or use these amounts or any part thereof for any other purpose, under any pretense whatever.

(cf: Art.VIII, Sec.II, par.4, effective December 8, 2016)

 

     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 be 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 (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b. In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT DEDICATING FUNDS FOR STATE TRANSPORTATION SYSTEM
	YES	Do you approve amending the State Constitution to dedicate certain revenues to the State's transportation trust fund account?    The transportation trust fund account is an account in the State's General Fund that contains funds used only for the planning, construction, and repair of the transportation system in this State.      This amendment dedicates an amount equal to the amount annually collected from a tax imposed on the sale of electric vehicles, up to $100 million, to the transportation trust fund account.  The dedication would only occur during a fiscal year where there is a tax imposed on the sale of electric vehicles.      This amendment also dedicates an amount equal to the amount annually collected from an additional fee imposed on the registration of electric vehicles to the transportation trust fund account.  The dedication would only occur during a fiscal year where there is an additional fee imposed on the registration of electric vehicles.       The dedicated funds would be used annually to support the transportation system in this State.      The amendment would not impose a new sales tax or additional registration fee on electric vehicles.  Rather, if the State enacts a sales tax or registration fee on electric vehicles, the amendment would require certain amount of revenue collected from the tax or fee to be used for transportation purposes.

 

		INTERPRETIVE STATEMENT
	NO	This amendment dedicates certain amounts of revenues from a tax imposed on the sale of electric vehicles, and from an additional fee imposed on the registration of electric vehicles, to the transportation trust fund account.  The transportation trust fund account is an account in the State's General Fund that contains funds used only for the planning, construction, and repair of the transportations system in this State.      If the State imposes a tax on the sale of electric vehicles, the amendment requires that an amount equal to the amount annually collected from the tax, up to $100 million, be credited to the account.      If the State imposes an additional fee on the registration of electric vehicles, the amendment requires that an amount equal to the amount annually collected from the fee be credited to the account.      The amendment requires that the funds credited to the account be dedicated solely for transportation purposes.      The amendment would not require the State to impose a sales tax on electric vehicles.       The amendment would not require the State to impose an additional registration fee on electric vehicles.      The amendment would not change the standard registration fees imposed on all motor vehicles.

 

 

STATEMENT

 

     This concurrent resolution would amend the State Constitution to dedicate certain additional revenues to the Transportation Trust Fund (TTF).  As required under the State Constitution, all revenues deposited into the TTF may only be used to support the cost of planning, acquisition, engineering, construction, reconstruction, repair and rehabilitation of the transportation system in this State.

     Specifically, during any fiscal year in which a tax is imposed under the "Sales and Use Tax Act" on receipts from the sale of electric vehicles, this constitutional amendment would require an amount equivalent to the amount annually derived from the tax, up to $100 million, be deposited into the TTF.  Additionally, during any fiscal year in which an additional motor vehicle registration fee is imposed on electric vehicles, this constitutional amendment would require an amount equivalent to the amount of revenue annually derived from the additional registration fee be deposited into the TTF.

     This constitutional amendment would not require the State to impose a new tax or fee on electric vehicles, nor would it change the standard registration fee that is currently imposed on non-electric motor vehicles.  Rather, if the State were to impose a sales tax on electric vehicles or an additional registration fee on electric vehicles, the amendment would require certain amounts of these revenues to be used for transportation purposes.