Bill Text: NJ ACR64 | 2010-2011 | Regular Session | Introduced

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Bill Title: Amends the State Constitution to dedicate the amount of annual revenue derived from a tax rate of 0.5% imposed under the sales and use tax for the cost of funding the State transportation system.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [ACR64 Detail]

Download: New_Jersey-2010-ACR64-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 64

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  SCOTT RUDDER

District 8 (Burlington)

Assemblywoman  DAWN MARIE ADDIEGO

District 8 (Burlington)

 

 

 

 

SYNOPSIS

     Amends the State Constitution to dedicate the amount of annual revenue derived from a tax rate of 0.5% imposed under the sales and use tax for the cost of funding the State transportation system.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

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 hereby 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, 2007 an amount equivalent to the revenue derived from $0.105 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 2001 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 2002 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 2003 an amount not less than $140,000,000 from those revenues, and for each State fiscal year thereafter an amount not less than $200,000,000 from those revenues; and

     (d) for each State fiscal year commencing after this subparagraph shall have become part of this Constitution, an amount equal to the revenue collected from a tax rate of 0.5% imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.), as amended and supplemented, or any other subsequent law of similar effect; 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, 2006] 4, 2008 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, 2006] 4, 2008.  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: Art. VIII, Sec. II, par. 4 amended effective December 7, 2006)

 

     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:

 

		DEDICATES ANNUAL REVENUE IN AN AMOUNT EQUAL TO A TAX RATE OF 0.5% UNDER THE STATE SALES TAX TO THE STATE TRANSPORTATION SYSTEM
	YES	Do you approve the proposed amendment to the State Constitution, agreed to by the Legislature, which provides that for each fiscal year commencing hereafter, an amount equal to the revenue derived from a tax rate of 0.5% imposed under the New Jersey Sales and Use Tax shall be credited to the special account in the General Fund available only for the funding of the State transportation system, subject to previously enacted laws 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 an amount equal to all the State revenue derived from a tax rate of 0.5% imposed under the New Jersey Sales and Use Tax for the purpose of funding the transportation system of this State. This amendment does not increase the State sales tax.

 

 

STATEMENT

 

     This concurrent resolution proposes to amend the State Constitution to provide that an amount equal to the revenue derived from a tax rate of 0.5% imposed under the New Jersey Sales and Use Tax shall be annually dedicated to a special account in the General Fund available only for the cost of funding the State transportation system.

     In 2006, one-half the revenue derived from the new 1% rate increase in the State sales tax was dedicated by constitutional amendment for property tax reform.  This amendment, if approved, would dedicate the other half of the revenue derived from that tax increase for the purpose of funding transportation improvements in New Jersey.  This amendment does not increase the State sales tax.