Bill Text: NJ SCR34 | 2010-2011 | Regular Session | Introduced
Bill Title: Proposes constitutional amendment to require that certain State tax and revenue increases pass each House of Legislature by two-thirds majority vote.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Budget and Appropriations Committee [SCR34 Detail]
Download: New_Jersey-2010-SCR34-Introduced.html
SENATE CONCURRENT RESOLUTION No. 34
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator PHILIP E. HAINES
District 8 (Burlington)
SYNOPSIS
Proposes constitutional amendment to require that certain State tax and revenue increases 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 the Constitution of the State of New Jersey by adding a new paragraph to Article VIII, Section I.
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The following proposed amendment to the Constitution is agreed to:
PROPOSED AMENDMENT
a. Amend Article VIII, Section I by adding a new paragraph, paragraph 8, to read as follows:
8. A law enacting a new State tax or increasing any State tax rate; eliminating, suspending, deferring or reducing a tax exemption, deduction, credit or right to a tax refund; delaying the expiration or repeal of a State tax; imposing a surtax or surcharge; enacting a new State fee or surcharge or increasing any State fee or surcharge; or otherwise enacting a State tax policy change or fee policy change by the State government, which will directly cause a net State revenue gain shall not be enacted unless it is enacted through a bill or resolution that is passed by the affirmative vote of two-thirds of the authorized membership of each House of the Legislature, notwithstanding the provisions of Article IV, Section IV, paragraph 6 of this Constitution to the contrary. A State fee policy change by the State government shall include any fee or surcharge increase that is not to be used for the same purpose as the purpose for which the fee or surcharge was used previous to the increase, and any new fee or surcharge that is used for a purpose other than the purpose related to the revenue collection as shall be expressed in the law. This paragraph shall not apply to criminal or civil penalties imposed pursuant to State law.
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:
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CONSTITUTIONAL AMENDMENT REQUIRING THAT CERTAIN STATE TAX AND REVENUE INCREASES PASS EACH HOUSE OF LEGISLATURE BY TWO-THIRDS MAJORITY VOTE |
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YES |
Do you approve the proposed amendment to the Constitution of the State of New Jersey to require that a law directly causing a net State revenue gain be passed by a two-thirds majority vote of each House of the Legislature if it: (1) creates or increases a State tax or fee; (2) eliminates, suspends, defers or reduces a tax, exemption, deduction, credit or right to a refund; (3) delays the expiration or repeal of a State tax; (4) imposes a surtax or surcharge; (5) creates or increases a State fee or surcharge; or (6) otherwise changes State tax or fee policy? |
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INTERPRETIVE STATEMENT |
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NO |
Approval of this constitutional amendment would require that any law enacting a State tax measure, fee, or surcharge that provides additional State revenue be passed by a two-thirds majority vote of each House of the Legislature, instead of by a simple majority vote as is currently required. |
SCHEDULE
This proposed amendment to the Constitution of the State of New Jersey 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 requiring any law enacting a State tax measure, fee, or surcharge resulting in additional State revenues to be passed by a two-thirds majority vote of each House of the Legislature, instead of being passed by a simple majority vote as is required for other bills and resolutions pending before the Senate and General Assembly.
Under the resolution, a law enacting a State tax measure, fee, or surcharge that provides additional State revenues is broadly defined to include: (1) imposing a new State tax or an increase to an existing State tax rate; (2) eliminating, suspending, deferring or reducing a tax exemption, deduction, credit or right to a tax refund; (3) delaying the expiration or repeal of a State tax; (4) imposing a surtax or surcharge; (5) enacting a new State fee or surcharge or increasing any State fee or surcharge; or (6) enacting a State tax policy change or a fee policy change by the State government, which directly causes a net State revenue gain.
