Bill Text: NJ SCR21 | 2010-2011 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to require two-thirds majority vote by Legislature for bills proposing a new or increased State tax, fee, surcharge or civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Budget and Appropriations Committee [SCR21 Detail]

Download: New_Jersey-2010-SCR21-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 21

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to require two-thirds majority vote by Legislature for bills proposing a new or increased State tax, fee, surcharge or civil penalty.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

A Concurrent Resolution proposing to amend Article IV, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

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

 

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

 

PROPOSED AMENDMENT

 

     Amend Article IV, Section IV, paragraph 6 to read as follows:

     6.   All bills and joint resolutions shall be read three times in each house before final passage.  No bill or joint resolution shall be read a third time in either house until after the intervention of one full calendar day following the day of the second reading; but if either house shall resolve by vote of three-fourths of all its members, signified by yeas and nays entered on the journal, that a bill or joint resolution is an emergency measure, it may proceed forthwith from second to third reading.  No bill or joint resolution shall pass, other than a bill or joint resolution enacting a new or increased State tax, fee, surcharge or civil penalty, unless there shall be a majority of all the members of each body personally present and agreeing thereto, and the yeas and nays of the members voting on such final passage shall be entered on the journal.

     No bill or joint resolution proposing a new or increased State tax, fee, surcharge or civil penalty shall pass, unless there be a two-thirds majority of all the members of each house of the Legislature agreeing thereto.  The yeas and nays of the members voting on such final passage shall be entered on the journal.

(cf: Art.IV, Sec.IV, par.6)

 

     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 TO REQUIRE A TWO-THIRDS MAJORITY VOTE BY THE LEGISLATURE FOR BILLS AND JOINT RESOLUTIONS PROPOSING A NEW OR INCREASED STATE TAX, FEE, SURCHARGE OR CIVIL PENALTY
	YES	Do you approve the proposed amendment to the Constitution of the State of New Jersey to require that all bills and joint resolutions proposing a new or increased State tax, fee, surcharge or civil penalty be passed by a two-thirds majority vote of each house of the Legislature?
		INTERPRETIVE STATEMENT
	NO	Approval of this constitutional amendment would require that all bills and joint resolutions proposing a new or increased State tax, fee, surcharge or civil penalty be passed by a two-thirds majority vote of each house of the Legislature, instead of a vote by simple majority as is currently required.

 

SCHEDULE

     This proposed amendment to the Constitution of the State of New Jersey shall, if approved, be applicable to action upon bills and joint resolutions pending in either house of the Legislature during the legislative sessions constituted on and after approval of this amendment by the voters.

STATEMENT

 

     This concurrent resolution proposes an amendment to the State Constitution requiring all bills or joint resolutions proposing a new or increased State tax, fee, surcharge or civil penalty be passed by a two-thirds majority of the authorized membership of each house of the Legislature.  The purpose of this measure is to strengthen the procedural standard which must be satisfied before the State embarks upon certain traditional revenue raising methods.

     Currently, the Constitution of the State of New Jersey requires only a majority vote of the members in each house of the Legislature to pass a bill.  This means that the Legislature could deliver a new or increased tax, fee, surcharge or civil penalty to the Governor's desk for signature with no more than a simple majority in each house. 

     This measure would ensure that no bill or joint resolution proposing a new or increased State tax, fee, surcharge or civil penalty could be enacted without a two-thirds majority vote in each house.  This enhanced procedural standard will ensure that the revenue raising methods subject to this proposal must be agreeable to a supermajority of the Legislature before securing enactment.