SENATE CONCURRENT RESOLUTION No. 10


STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator ADLER

 

 

A Concurrent Resolution proposing to amend Article I, paragraph 2, Article IV, Section III, paragraphs 1 and 2 and Article V, Section IV, paragraphs 1, 3 and 6 of the Constitution of the State of New Jersey and providing a schedule therefor.

 

    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 hereby agreed to:

 

PROPOSED AMENDMENT

 

    a. Amend Article I, paragraph 2 to read as follows:

    2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

    b. The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled. [If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections.] The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.

(cf: Art.I, par.2, amended effective January 1, 1994)

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

    1. After the next and every subsequent decennial census of the United States, the Senate districts and Assembly districts shall be established, and the senators and members of the General Assembly shall be apportioned among them, by an Apportionment Commission consisting of ten members, five to be appointed by the chairman of the State committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election. Each State chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the State. Appointments to the Commission shall be made on or before November 15 of the year in which such census is taken and shall be certified by the [Secretary of State] Attorney General on or before December 1 of that year. The Commission, by a majority of the whole number of its members, shall certify the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly to the [Secretary of State] Attorney General within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey, or on or before February 1 of the year following the year in which the census is taken, whichever date is later.

(cf: Art.IV, Sec.III, par.1, amended effective December 8, 1966)

    c. Amend Article IV, Section III, paragraph 2 to read as follows:

    2. If the Apportionment Commission fails so to certify such establishment and apportionment to the [Secretary of State] Attorney General on or before the date fixed or if prior thereto it determines that it will be unable so to do, it shall so certify to the Chief Justice of the Supreme Court of New Jersey and he shall appoint an eleventh member of the Commission. The Commission so constituted, by a majority of the whole number of its members, shall, within one month after the appointment of such eleventh member, certify to the [Secretary of State] Attorney General the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly.

(cf: Art.IV, Sec.III, par.2, amended effective December 8, 1966)

    d. Amend Article V, Section IV, paragraph 1 to read as follows:

    1. All executive and administrative offices, departments, and instrumentalities of the State government, including the [offices of Secretary of State and] office of Attorney General, and [their] its respective functions, powers and duties, shall be allocated by law among and within not more than twenty principal departments, in such manner as to group the same according to major purposes so far as practicable. Temporary commissions for special purposes may, however, be established by law and such commissions need not be allocated within a principal department.

(cf: Art.V, Sec.IV, par.1)

    e. Amend Article V, Section IV, paragraph 3 to read as follows:

    3. The [Secretary of State and the] Attorney General shall be nominated and appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor.

(cf: Art.V, Sec.IV, par.3)

    f. Amend Article V, Section IV, paragraph 6 to read as follows:

    6. No rule or regulation made by any department, officer, agency or authority of this state, except such as relates to the organization or internal management of the State government or a part thereof, shall take effect until it is filed [either with the Secretary of State or] in such [other] manner as [may] shall be provided by law. The Legislature shall provide for the prompt publication of such rules and regulations. The Legislature may review any rule or regulation to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement. Upon a finding that an existing or proposed rule or regulation is not consistent with legislative intent, the Legislature shall transmit this finding in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation. The agency shall have 30 days to amend or withdraw the existing or proposed rule or regulation. If the agency does not amend or withdraw the existing or proposed rule or regulation, the Legislature may invalidate that rule or regulation, in whole or in part, or may prohibit that proposed rule or regulation, in whole or in part, from taking effect by a vote of a majority of the authorized membership of each House in favor of a concurrent resolution providing for invalidation or prohibition, as the case may be, of the rule or regulation. This vote shall not take place until at least 20 calendar days after the placing on the desks of the members of each House of the Legislature in open meeting of the transcript of a public hearing held by either House on the invalidation or prohibition of the rule or regulation.

(cf: Art.V, Sec.IV, par.6, amended effective December 3, 1992)

 

    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."

    b. In every municipality the following question:





 

 

 

CONSTITUTIONAL AMENDMENT ABOLISHING THE OFFICE OF SECRETARY OF STATE AND TRANSFERRING CERTAIN DUTIES TO THE ATTORNEY GENERAL









 

 

YES

Shall the amendment to Article I, paragraph 2, Article IV, Section III, paragraphs 1 and 2 and Article V, Section IV, paragraphs 1, 3 and 6 of the Constitution of the State of New Jersey, agreed to by the Legislature, providing for the abolishment of the office of Secretary of State and the transfer of certain duties and responsibilities to the Attorney General, be approved?

 

 

 

INTERPRETIVE STATEMENT












 

 

NO

This Constitutional amendment provides for the abolishment of the office of Secretary of State and the transfer of certain duties and responsibilities to the Attorney General. Such duties include the certification of the appointments made to the Apportionment Commission and certification of the establishment of legislative districts. Currently, the Secretary of State and the Attorney General are the only two executive-branch officers referred to in the Constitution, other than the Governor.

 

 

SCHEDULE

 

    This Constitutional amendment shall become a part of the Constitution on January 1 next following the general election at which it is approved by the voters.

 

STATEMENT

 

    This Constitutional amendment provides for the abolishment of the office of Secretary of State and the transfer of certain duties and responsibilities to the Attorney General. Such duties include the certification of the appointments made to the Apportionment Commission and certification of the establishment of legislative districts.

    Currently, the Secretary of State and the Attorney General are the only two executive-branch officers referred to in the Constitution, other than the Governor. Each is nominated and appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor.

    This Constitutional amendment would become a part of the Constitution on January 1 next following the general election at which it is approved by the voters.

 

 

 

Proposes Constitutional amendment abolishing office of Secretary of State.