Bill Text: NJ ACR45 | 2010-2011 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 45 (Prior Session Legislation)

Introduced

Bill Title: Requires members of the Legislature to serve full time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [ACR45 Detail]

Download: New_Jersey-2010-ACR45-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 45

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

Sponsored by:

Assemblywoman LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

Requires members of the Legislature to serve full time.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

A Concurrent Resolution proposing to amend Article IV, Section IV of the Constitution of the State of New Jersey to require members of the Legislature to serve full time.

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

1. The following proposed amendments to the Constitution are agreed to:

PROPOSED AMENDMENTS

Amend Article IV, Section IV, paragraphs 7 and 8 of the Constitution to read as follows:

7. Members of the Senate and General Assembly shall devote their full time to the duties of their office and shall engage in no occupation, profession or other gainful employment while they hold their office. They shall receive annually, during the term for which they shall have been elected and while they shall hold their office, such compensation and allowances as shall, from time to time, be fixed by law [and no other allowance or emolument, directly or indirectly, for any purpose whatever]. The President of the Senate and the Speaker of the General Assembly, each by virtue of his office, shall receive [an additional allowance,] additional annual compensation equal to one-third of his compensation as a member and such allowances as shall, from time to time, be fixed by law.

(cf: Article IV, Section IV, paragraph 7)

8. The compensation and allowances of members of the Senate and General Assembly shall be fixed at the first session of the Legislature held after this amendment to the Constitution takes effect, and may be increased or decreased by law from time to time thereafter, but no subsequent increase or decrease shall be effective until the legislative year following the next general election for members of the General Assembly.

(cf: Article IV, Section IV, paragraph 8)

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

b. In every municipality the following question:

		FULL-TIME LEGISLATORS
	YES	Shall the proposed amendment of Article IV, Section IV, paragraphs 7 and 8 of the State Constitution, providing that members of the Legislature shall serve full time and engage in no other occupation, profession or other gainful employment, that members may receive allowances in addition to compensation and that the compensation and allowances of full-time members shall be established at the first session of the Legislature after adoption of this amendment, be approved?
		INTERPRETIVE STATEMENT
	NO	This proposed amendment of the State Constitution provides that members of the Legislature, who now serve part-time, would instead be required to devote their full time to their office and would be prohibited from holding any occupation, profession or other gainful employment while serving in the Legislature. It also provides that members may receive allowances in addition to compensation and that the compensation and allowances of full-time members would be fixed by law at the first session of the Legislature held after this amendment takes effect.

SCHEDULE

The first election for members of the Senate and General Assembly to serve as full-time members shall be held at the general election at which members of both Houses are to be elected next following the date on which these amendments become a part of the Constitution.

STATEMENT

This proposed Constitutional amendment would require members of the Senate and General Assembly to serve full time and would prohibit them from engaging in any occupation, profession or other gainful employment while holding office. It also provides that members may receive allowances in addition to compensation and that the compensation and allowances of full-time members would be fixed by law at the first session of the Legislature held after the amendment takes effect.

It is the purpose of this proposed amendment to remedy the inherent conflict which exists when members of the Legislature attempt to serve more than one master. This conflict exists regardless of whether legislators hold elective or appointive local office or private sector employment. At present, 26 of the 120 members of the Legislature describe themselves as full-time legislators. Among the remainder are 26 attorneys, 9 educators and 6 medical professionals. 24 members hold elective local public office.