New Jersey-2012-ACR99-Introduced

A Concurrent Resolution proposing to amend Article VIII, Section II, paragraph 5 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 5 to read as follows:

5. (a) (1) With respect to any provision of a law enacted on and after January 17, 1996, and with respect to any rule or regulation issued pursuant to a law originally adopted after July 1, 1996, and except as otherwise provided herein, any provision of such law, or of such rule or regulation issued pursuant to a law, which is determined in accordance with this paragraph to be an unfunded mandate upon boards of education, counties, or municipalities because it does not authorize resources, other than the property tax, to offset the additional direct expenditures required for the implementation of the law or rule or regulation, shall, upon such determination cease to be mandatory in its effect and expire. A law or rule or regulation issued pursuant to a law that is determined to be an unfunded mandate shall not be considered to establish a standard of care for the purpose of civil liability.

(2) With respect to any provision of a law enacted on and after January 17, 2012, and with respect to any rule or regulation, issued pursuant to a law, originally adopted after July 1, 2012, and except as otherwise provided herein, any provision of such law, or of such rule or regulation issued pursuant to a law, which is determined in accordance with this paragraph to be an unfunded mandate upon fire districts because it does not authorize resources, other than the property tax, to offset the additional direct expenditures required for the implementation of the law or rule or regulation, shall, upon such determination cease to be mandatory in its effect and expire. A law or rule or regulation issued pursuant to a law that is determined to be an unfunded mandate shall not be considered to establish a standard of care for the purpose of civil liability.

(b) The Legislature shall create by law a Council on Local Mandates. The Council shall resolve any dispute regarding whether a law or rule or regulation issued pursuant to a law constitutes an unfunded mandate. The Council shall consist of nine public members appointed as follows: four members to be appointed by the Governor; one member to be appointed by the President of the Senate; one member to be appointed by the Speaker of the General Assembly; one member to be appointed by the minority leader of the Senate; one member to be appointed by the minority leader of the General Assembly; and one member to be appointed by the Chief Justice of the New Jersey Supreme Court. Of the members appointed by the Governor, at least two shall be appointed from a list of six willing nominees submitted by the chairman of the political party whose candidate for Governor received the second largest number of votes at the most recent gubernatorial general election. The decisions of the Council shall be political and not judicial determinations.

(c) Notwithstanding anything in this paragraph to the contrary, the following categories of laws or rules or regulations issued pursuant to a law, shall not be considered unfunded mandates:

(1) those which are required to comply with federal laws or rules or to meet eligibility standards for federal entitlements;

(2) those which are imposed on both government and non-government entities in the same or substantially similar circumstances;

(3) those which repeal, revise or ease an existing requirement or mandate or which reapportion the costs of activities between boards of education, fire districts, counties, and municipalities;

(4) those which stem from failure to comply with previously enacted laws or rules or regulations issued pursuant to a law;

(5) those which implement the provisions of this Constitution; and

(6) laws which are enacted after a public hearing, held after public notice that unfunded mandates will be considered, for which a fiscal analysis is available at the time of the public hearing and which, in addition to complying with all other constitutional requirements with regard to the enactment of laws, are passed by 3/4 affirmative vote of the members of each House of the Legislature.

(cf: Article VIII, Section II, paragraph 5 added effective December 7, 1995)

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 PROHIBITING MOST UNFUNDED STATE MANDATES ON FIRE DISTRICTS
	YES	Shall the proposed amendment of the Constitution, agreed to by the Legislature, prohibiting the Legislative and Executive branches from imposing most new unfunded mandates on fire districts, be approved?
		INTERPRETIVE STATEMENT
	NO	A "Yes" vote means you want to amend the State Constitution to limit the State's right to impose unfunded mandates on fire districts. Unfunded mandates are State laws that impose an obligation on local government without providing resources to pay for it. As a result, local property taxes may increase. The Constitution currently limits the State from imposing unfunded mandates on boards of education, counties, and municipalities, but not on fire districts. This amendment will limit the State from imposing unfunded mandates on fire districts under the same circumstances that apply to boards of education, counties, and municipalities.

STATEMENT

This proposed constitutional amendment would prohibit the Legislative and Executive branches of State government from requiring fire districts to implement many new unfunded mandates. A 1995 constitutional amendment limited the State's ability to impose unfunded mandates on boards of education, counties, and municipalities. This amendment would extend the scope of that limitation to fire districts.

Fire districts are entities established by some municipalities in which independently elected boards are responsible for fire protection services. These boards adopt budgets and certify amounts to be raised by the property tax. Those amounts are assessed against the taxable property within the district. The amendment would ensure that property taxpayers within a fire district are insulated from new State-imposed unfunded mandates to the same extent as are the property taxpayers of the other taxing districts.