New Jersey-2010-ACR29-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 agreed to:

PROPOSED AMENDMENT

Amend Article VIII, Section II, paragraph 4 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, 1999 an amount equivalent to the revenue derived from $0.09 per gallon from the tax imposed on the sale of motor fuels pursuant to chapter 39 of Title 54 of the Revised Statutes;

(b) for the State fiscal year in which the amendment to this paragraph is approved by the voters 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, and for each State fiscal year thereafter an amount not less than $200,000,000 derived from those revenues; and

(c) for the State fiscal year next commencing after the amendment to this paragraph is approved by the voters 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 thereafter an amount not less than $140,000,000 from those revenues, and in each State fiscal year thereafter an amount not less than $200,000,000 from those revenues;

(d) for each State fiscal year next commencing after the amendment to this paragraph is approved by the voters, an amount equal to the fee and surcharge revenues collected by the New Jersey Motor Vehicle Commission that is in excess of the amount required in any such year for the cost of administration of the commission;

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, 2000 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, 2000. 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: Article VIII, Section II, paragraph 4 amended effective December 7, 2000)

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 Attorney General, 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:

		DEDICATES EXCESS MOTOR VEHICLE COMMISSION REVENUES TO THE STATE TRANSPORTATION SYSTEM
	YES	Do you approve the proposed amendment to the State Constitution which provides that for each State fiscal year next commencing hereafter, an amount equal to the sum of the fees and surcharges collected by the New Jersey Motor Vehicle Commission that are in excess of the amount required in any such year for the cost of administration of the commission, shall be credited to the special account in the General Fund available only for the funding of the State transportation system, subject to laws enacted on or before December 7, 2000 dedicating any of these revenues for debt service on bonds of the State or for any other uses of these revenues?
		INTERPRETIVE STATEMENT
	NO	This amendment to the State Constitution dedicates for the cost of funding the State transportation system the motor vehicle fee and surcharge revenues collected by the New Jersey Motor Vehicle Commission that are greater than the cost of administering the commission.

STATEMENT

This concurrent resolution proposes to amend the State constitution to dedicate for the cost of funding the State transportation system the motor vehicle fee and surcharge revenues collected by the New Jersey Motor Vehicle Commission that are greater than the cost of administering the commission. The dedication of this motor vehicle fee and surcharge revenue should be sufficient to permit future transportation system improvements to be funded through the Transportation Trust Fund Authority. It is proposed as an alternative to the ill-conceived and short-live proposal by the Governor to raise the motor fuels tax as a source to fund the transportation infrastructure improvement needs of the State.