ACR112

A Concurrent Resolution proposing to amend Section IV, paragraph 6 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):

6. a. 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] Except as herein provided, no bill or joint resolution shall pass, 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 levying a State tax or providing for an increase in a State tax shall pass on or after noon on January 11 1998, unless there be three-fourths 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.

No bill or joint resolution imposing a State fee or providing for an increase in a State fee shall pass on or after noon on January 11 1998, unless there be three-fifths 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.

a State tax is a charge, impost or excise that raises money for a public purpose and is not a fee, an assessment or a fine;

a fee is a charge made to defray the cost of a product or service, or the cost of regulation, administration monitoring or control; which charge is reasonably related to the cost; and which charge is not made primarily for the purpose of raising money for a public purpose other than to defray such cost;

an assessment is a charge imposed to finance a specific objective, imposed on those that will use or benefit from that objective, and that confers a benefit to those on whom it is imposed; and

a fine is a charge imposed as a penalty or restitution for a violation of a statute or regulation.

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 (•) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word "No."

		CONSTITUTIONAL AMENDMENT SUPER-MAJORITIES OF LEGISLATURE REQUIRED TO PASS STATE TAX AND FEE BILLS
	YES	Do you approve amending Article IV, Section IV, paragraph 6 to require that bills and joint resolutions levying a State tax or providing for an increase in a State tax be passed by a vote of three-fourths of the members of each House of the Legislature and that bills and joint resolutions imposing a State fee or providing for an increase in a State fee be passed by a vote of three-fifths of the members of each House of the Legislature
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment requires that any State law that imposes a new State tax or increases an existing State tax be passed by by a three-fourths majority vote of the members of each House of the Legislature, and that any State law that imposes a new State fee or increases an existing State fee be passed by a three-fifths majority vote of the members of each House of the Legislature, instead of by a simple majority vote as with other State laws. These new requirements will begin with the next two-year session of the Legislature.

This concurrent resolution proposes an amendment to the State Constitution to require that any bill or joint resolution levying a new State tax or proposing to increase an existing State tax shall be passed by the Legislature only by a three-fourths majority vote of the members of each House of the Legislature and that any bill or joint resolution levying a new State fee or increasing an existing State fee shall be passed by the Legislature only by a three-fifths majority vote of the members of each House of the Legislature, instead of by a majority vote as with other bills or resolutions.

Amends Constitution to require that State tax bills pass both Houses of Legislature by three-fourths majority vote and State fee bills by three-fifths majority vote.