SENATE COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION No. 1

STATE OF NEW JERSEY

215th LEGISLATURE

  ADOPTED OCTOBER 15, 2012

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Assemblywoman  SHEILA Y. OLIVER

District 34 (Essex and Passaic)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

 

Co-Sponsored by:

Senators Ruiz, Stack, Greenstein, Assemblyman Diegnan, Senator Codey, Assemblywomen Tucker and Mosquera

 

 

 

 

SYNOPSIS

     Amends Constitution to set minimum wage at $8.25 per hour with annual adjustments for inflation.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Senate Budget and Appropriations Committee.

  

 

 

 


A Concurrent Resolution proposing to amend Article I of the New Jersey Constitution by adding a new paragraph thereto.

 

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

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I of the State Constitution by the addition of the following paragraph:

     23.  Every employer shall, beginning the January 1 next following the date of the approval of this amendment by the people pursuant to Article IX of the Constitution, pay each employee subject to the “New Jersey State Wage and Hour Law,” P.L.1966, c.113 (C.34:11-56a et seq.), or a successor State statute, a wage rate of not less than the rate required by that act, or $8.25 per hour, whichever is more. On the September 30 next following the date of the approval of this amendment, and on September 30 of each subsequent year, the State minimum wage rate shall be increased, effective the following January 1, by any increase during the one year prior to that September 30 in the consumer price index for all urban wage earners and clerical workers (CPI-W) as calculated by the federal government.  If, at any time, the federal minimum hourly wage rate set by section 6 of the federal "Fair Labor Standards Act of 1938" (29 U.S.C. s.206), or a successor federal law, is raised to a level higher than the State minimum wage rate, then the State minimum wage rate shall be increased to the level of the federal minimum wage rate and all subsequent increases based on increases in the CPI-W pursuant to this paragraph shall be applied to the State minimum wage rate as increased to match the federal minimum wage rate. This paragraph shall not be construed as altering or amending any provision of the “New Jersey State Wage and Hour Law,” P.L.1966, c.113 (C.34:11-56a et seq.) or a successor State statute, other than the hourly rate set by that act, or prohibiting the Legislature from amending that act.  

 

     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 TO SET A STATE MINIMUM WAGE WITH ANNUAL COST OF LIVING INCREASES

 

YES

Do you approve amending the State Constitution to set a State minimum wage rate of at least $8.25 per hour?  The amendment also requires annual increases in that rate if there are annual increases in the cost of living.

 

 

INTERPRETIVE STATEMENT

 

NO

This amendment to the State Constitution sets the State minimum wage at the level in effect under current law, or $8.25 per hour, whichever is more.  Cost of living increases would be added each year.  Also, if the federal minimum wage rate is raised above the State rate, the State rate would be raised to match the federal rate.  Future cost of living increases then would be added to that raised rate.