Bill Text: NJ ACR76 | 2012-2013 | Regular Session | Introduced

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Bill Title: Amends Constitution to require that bills with net effect of raising State revenues by proposing a new State tax or a State tax increase pass each House of Legislature by two-thirds majority vote.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Appropriations Committee [ACR76 Detail]

Download: New_Jersey-2012-ACR76-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 76

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

Assemblyman  GARY R. CHIUSANO

District 24 (Morris, Sussex and Warren)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblywoman Angelini, Assemblymen Rible, Wolfe, Rudder and Space

 

 

 

 

SYNOPSIS

     Amends Constitution to require that bills with net effect of raising State revenues by proposing a new State tax or a State tax increase pass each House of Legislature by two-thirds majority vote.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

A Concurrent Resolution proposing to amend Section IV, paragraph 6 and Section VI, paragraph 1 of Article IV 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 is agreed to:

 

PROPOSED AMENDMENT

 

     a.  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 the net effect of which is to raise State revenues by levying a new State tax or providing for an increase in a State tax, unless there shall be a majority of all 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 the net effect of which is to raise State revenues by levying a new State tax or providing for an increase in a State tax shall pass, unless there be a two-thirds 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.

(cf: Art.IV, Sect.IV, par.6, effective Jan. 1, 1948)

     b.  Amend Article IV, Section VI, paragraph 1 to read as follows:

     1.  All bills for raising revenue shall originate in the General Assembly; but the Senate may propose or concur with amendments, as on other bills.  However, an amendment to a bill or joint resolution the net effect of which is to raise State revenues by levying a new State tax or by providing for an increase in a State tax may not be adopted or concurred with by either body other than by a two-thirds majority of all the members of the proposing or concurring body personally present and agreeing thereto.

(cf: Art.IV, Sect.VI, par.1, effective Jan. 1, 1948)

     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 STATE TAX BILLS THAT RAISE STATE REVENUES REQUIRE PASSAGE BY TWO-THIRDS MAJORITY VOTE OF EACH HOUSE OF LEGISLATURE
	YES	Do you approve amending Section IV, paragraph 6 and Section VI, paragraph 1 of Article IV of the Constitution of  the State of New Jersey to require that bills and joint resolutions and amendments to bills and joint resolutions that have the net effect of raising State revenues by levying a new State tax or providing for an increase a State tax be passed by the Legislature by a vote of two-thirds of the members of each House of the Legislature?

 

		INTERPRETIVE STATEMENT
	NO	The purpose of this constitutional amendment is to require that any bill or joint resolution and any amendment to any bill or joint resolution that has the net effect of raising State revenues by levying a new State tax or increasing an existing State tax shall be passed by the Legislature only by a two-thirds majority vote of the members of each House of the Legislature, instead of by a majority vote as with other bills or resolutions.

 

 

SCHEDULE

 

     This Constitutional amendment shall, if approved, be applicable to action upon bills and joint resolutions pending in either House of the Legislature during the legislative sessions commencing on and after approval of this amendment by the voters.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to the State Constitution to require that any bill or joint resolution and any amendment to a bill or joint resolution that has the net effect of raising State revenues by levying a new State tax or proposing to increase an existing State tax shall be passed by the Legislature only by a two-thirds majority vote of the members of each House of the Legislature, instead of by a majority vote as with other bills and resolutions.