S1094

An Act to provide for the submission to the voters of the State of New Jersey of a nonbinding referendum to ascertain their sentiment as to whether this State should urge Congress to propose an Amendment to the United States Constitution under which legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House, and making an appropriation.

a. The imposition of excessive and unfair taxes was one of the motivating factors behind American Independence.

b. Taxation has remained a sensitive issue during the more than 200 years of our nation's history.

c. The need of the federal government to raise revenue to offset the legitimate expenses of government must be balanced against the right of the people to pursue their livelihoods free of unnecessary tax burdens.

d. An inappropriate level of taxation has the potential to stifle individual initiative and negatively affect economic opportunity.

e. Any increase in an existing tax or imposition of a new tax should, therefore, receive careful consideration and be supported by a broad consensus.

f. It has been suggested that the best means of ensuring that tax increases receive due deliberation and enjoy the requisite support is to amend the United States Constitution to provide that any legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House of Congress.

g. The significance of such a proposal makes this a matter about which the sentiment of the people should be ascertained.

h. This issue is especially important to New Jersey which, when compared to other states, has traditionally ranked among the lowest in federal per capita expenditures and among the highest in federal per capita tax burden.

i. For all of these reasons, it is appropriate to submit a nonbinding referendum to the voters of this State as to whether New Jersey should urge Congress to propose a federal constitutional amendment under which any legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House of Congress.

2. In order to ascertain the sentiment of the people of New Jersey as to whether this State should urge Congress to propose an Amendment to the United States Constitution under which any legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House legislation, the following public question shall be submitted to the people at the general election to be held in November, 1996, in the manner provided by this act and by Title 19 of the Revised Statutes for the submission to the people of public questions to be voted upon by the voters of the entire State, and it shall be the duty of the Secretary of State to arrange for the submission of the public question in accordance with the provisions of this act and of Title 19 of the Revised Statutes, of which submission the same notice shall be given, if possible, as is required by law of that election and the people of the State may at that election vote for or against the question in the following manner.

3. There shall be included on each sample and official ballot the instructions set forth below on voting on the nonbinding referendum:

If you approve of the question printed below, make a cross (x), plus (+), or check (•) mark in the square opposite the word "Yes."

If you disapprove of the question printed below, make a cross (x), plus (+), or check (•) mark in the square opposite the word "No."

If voting machines are used, a vote of "Yes" or "No" shall be the equivalent to the markings, respectively.

YES.

URGES CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION UNDER WHICH LEGISLATION IMPOSING A NEW FEDERAL TAX OR INCREASING AN EXISTING FEDERAL TAX SHALL REQUIRE A 2/3 VOTE IN EACH HOUSE.

Shall this State urge Congress to propose an Amendment to the United States Constitution under which legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House of Congress?

NO.

INTERPRETIVE STATEMENT

This nonbinding referendum question asks the voters whether this State should urge Congress to propose an Amendment to the United States Constitution to require that legislation which raises federal revenues by creating a new federal tax or increasing an existing federal tax must have the affirmative vote of 2/3 of the members of each House of Congress. A constitutional amendment would ensure that new taxes or increased taxes could not be imposed by a simple majority of the members of each House.

4. The votes "Yes" and "No," by ballot or voting machine, shall be counted and the result thereof returned by the election officer, and a canvass of the election had in the same manner now as is provided for by law in the case of the election of a Governor, and the approval or disapproval of this question so determined shall be declared in the same manner as the result of an election for a Governor.

5. There is appropriated the sum of $5,000 to the Department of State for expenses in connection with the publication of notice pursuant to section 1 of this act.

This bill provides for the submission to the voters of this State at the November 1996 general election of a nonbinding referendum to ascertain their sentiment as to whether this State should urge Congress to propose an Amendment to the United States Constitution under which legislation having the net effect of raising federal revenues by levying a new federal tax or proposing to increase an existing federal tax shall require the affirmative vote of 2/3 of the members of each House of Congress. The bill also appropriates $5,000 to the Department of State for expenses related to publishing notice of the public question.

Provides for Statewide nonbinding referendum as to whether State should urge Congress to propose federal constitutional amendment providing certain new or increased federal taxes shall require 2/3 vote in each House; appropriates $5,000.