Bill Text: NJ ACR154 | 2014-2015 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to require that if one House of the Legislature adopts Governor's conditional veto, other House is required to hold vote within 90 days thereafter.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-15 - Introduced, Referred to Assembly State and Local Government Committee [ACR154 Detail]

Download: New_Jersey-2014-ACR154-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 154

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MAY 15, 2014

 

 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to require that if one House of the Legislature adopts Governor's conditional veto, other House is required to hold vote within 90 days thereafter.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article V, Section I, paragraph 14 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 AMENDMENTS

 

     A.  Amend Article V, Section I, paragraph 14 to read as follows: 

     14.  (a) When a bill has finally passed both houses, the house in which final action was taken to complete its passage shall cause it to be presented to the Governor before the close of the calendar day next following the date of the session at which such final action was taken.

     (b) A passed bill presented to the Governor shall become law:

     (1) if the Governor approves and signs it within the period allowed for his consideration; or,

     (2) if the Governor does not return it to the house of origin, with a statement of his objections, before the expiration of the period allowed for his consideration; or,

     (3) if, upon reconsideration of a bill objected to by the Governor, two-thirds of all the members of each house agree to pass the bill.

     (c) The period allowed for the Governor's consideration of a passed bill shall be from the date of presentation until noon of the forty-fifth day next following or, if the house of origin be in temporary adjournment on that day, the first day subsequent upon which the house reconvenes; except that:

     (1) if on the said forty-fifth day the Legislature is in adjournment sine die, any bill then pending the Governor's approval shall be returned, if he objects to it, at a special session held pursuant to subparagraph (d) of this paragraph;

     (2) any bill passed between the forty-fifth day and the tenth day preceding the expiration of the second legislative year shall be returned by the Governor, if he objects to it, not later than noon of the day next preceding the expiration of the second legislative year;

     (3) any bill passed within 10 days preceding the expiration of the second legislative year shall become law only if the Governor signs it prior to noon of the seventh day following such expiration, or the Governor returns it to the House of origin, with a statement of his objections, and two-thirds of all members of each House agree to pass the bill prior to such expiration.

     (d) For the purpose of permitting the return of bills pursuant to this paragraph, a special session of the Legislature shall convene, without petition or call, for the sole purpose of acting upon bills returned by the Governor, on the forty-fifth day next following adjournment sine die of the regular session; or, if the second legislative year of a [2-year] two-year Legislature will expire before said forty-fifth day, then the day next preceding the expiration of the legislative year.

     (e) Upon receiving from the Governor a bill returned by him with his objections, the house in which it originated shall enter the objections at large in its journal or minutes and proceed to reconsider it. If, upon reconsideration, on or after the third day following its return, or the first day of a special session convened for the sole purpose of acting on such bills, two-thirds of all the members of the house of origin agree to pass the bill, it shall be sent, together with the objections of the Governor, to the other house; and if, upon reconsideration, it is approved by two-thirds of all the members of the house, it shall become a law. In all such cases the votes of each house shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal or minutes of each house.

     (f) The Governor, in returning with his objections a bill for reconsideration at any general or special session of the Legislature, may recommend that an amendment or amendments specified by him be made in the bill, and in such case the Legislature may amend and reenact the bill.  If one house amends and approves the bill, the other house shall hold a vote on approval of the amended bill within 90 days thereafter, except that if the second legislative year of a two-year Legislature will expire before the ninetieth day, then the vote shall be held by the day next preceding the expiration of the legislative year.  If a bill be so amended and reenacted, it shall be presented again to the Governor, but shall become a law only if he shall sign it within 10 days after presentation, except that any bill amended and reenacted within 10 days preceding the expiration of the second legislative year shall become law only if the Governor signs it prior to noon of the seventh day following such expiration. No bill shall be returned by the Governor a second time. No bill need be read three times and no emergency resolution need be adopted for the reenactment of any bill at a special session of the Legislature.

(cf: Article V, Section I, paragraph 14 amended effective December 8, 1983)

 

     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 HOUSE OF THE LEGISLATURE TO CONSIDER CONDITIONALLY VETOED BILL
	YES	Do you approve amending the Constitution to require one House of the Legislature to hold a vote on a bill if the other House adopts changes to that bill as recommended by the Governor?  The vote is to be held within 90 days after the first House adopts the changes.

 

		INTERPRETIVE STATEMENT
	NO	This amendment to the Constitution would require one House of the Legislature to hold a vote on a bill amended in accordance with the Governor's recommendations if the other House has passed that amended bill.  The vote would have to be held within 90 days after the passage by the first House.  If the two-year legislative term will expire before the 90th day, then the vote would have to be held by the day before the last day of the legislative term.      Presently, the Governor may return a bill to the Legislature stating objections to the bill and recommending amendments.  This is called a conditional veto.      The Constitution permits the Legislature to adopt the amendments recommended by the Governor in a conditional veto and return the amended bill to the Governor.  The amended bill then becomes a law if the Governor signs it within a certain period of time.      The Constitution does not require a House of the Legislature to hold a vote on a bill that has been conditionally vetoed and subsequently amended and passed by the other House.  This proposed constitutional amendment provides that, if one House has adopted the amendments recommended by the Governor in a conditional veto and passed that bill, the other House must hold a vote on the bill within 90 days.  If the two-year legislative term will expire before the 90th day, then the other House must hold a vote by the day before the last day of the legislative term.

 

 

STATEMENT

 

     This constitutional amendment requires that when one House of the Legislature acts to adopt amendments recommended by the Governor in a conditional veto and approves legislation, the other House must hold a vote on the bill as amended within 90 days thereafter.  If the second legislative year of a two-year Legislature will expire before the 90th day, then the other House must hold a vote by the day next preceding the expiration of the legislative term.