New Jersey-2010-ACR67-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 as follows:

5. (a) 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.

(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 and may, without regard to any dispute, undertake a review of existing laws, rules and regulations for the purpose of making recommendations to the Legislature concerning which unfunded mandates can be eliminated or modified. The Council may also review bills pending before the Legislature to identify for the Legislature bills that would constitute unfunded mandates if enacted. 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, 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 (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:

		EXPANDS POWERS OF COUNCIL ON LOCAL MANDATES
	YES	Do you approve the proposed amendment to the State Constitution which broadens the power of the Council on Local Mandates by authorizing it to examine existing statutes, rules and regulations to recommend to the Legislature the elimination or modification of existing unfunded mandates on school districts, counties and municipalities and to review bills pending before the Legislature to identify for the Legislature bills that would constitute unfunded mandates on school districts, counties and municipalities if enacted?
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would expand the powers of the Council on Local Mandates. The Council, currently, may hear complaints concerning laws, rules and regulations adopted after 1996 that impose State mandates on school districts and local governments. This amendment would allow it to examine all existing statutes, rules and regulations for unfunded mandates, no matter when adopted, and to make recommendations to the Legislature for their elimination or modification. This amendment would also allow the Council to examine bills before the Legislature to identify which bills would constitute unfunded mandates on school districts, counties and municipalities.

STATEMENT

The Council on Local Mandates was established in 1996 to rule on questions of whether State laws, rules and regulations enacted or adopted after January 17, 1996 were unfunded mandates on local governments and unenforceable. With the constant annual increases to the burden of local property taxes, it is prudent for the Legislature to take advantage of the expertise developed by the members and staff of the Council on Local Mandates to review statutes and regulations, whenever enacted or adopted, in order to recommend the repeal or modification of those laws and regulations that place an excessive burden on local units of government, and also to review bills pending before the Legislature to identify for the Legislature bills that would constitute unfunded, unenforceable mandates on school districts, counties and municipalities if enacted. This constitutional amendment would expand the authority of the Council of Local Mandates to allow it to effectively function as a study commission with respect to existing statutory laws and regulations, and bills pending before the Legislature.