SCR116

A Concurrent Resolution proposing to amend Article IV, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

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 IV, Section IV, paragraph 6 to read as follows:

6. (a) All bills and joint resolutions shall be read three times in each house before final passage. The final text of all bills and joint resolutions shall be made available to the public on the website of the Legislature for at least 14 full calendar days following the day of second reading in each house and prior to the third reading. No bill or joint resolution shall be read a third time in either house until after the [intervention of one full calendar day] final text of the bill or joint resolution is made available to the public on the website of the Legislature for at least 14 full calendar days following the day of the second reading [; but if]. If either house shall resolve by vote of three-fourths of all its members, signified by yeas and nays entered on the journal or minutes, that a bill or joint resolution is an emergency measure, it may proceed forthwith from second to third reading without having first been made available to the public for at least 14 full calendar days.

(b) No bill or joint resolution shall pass, unless there shall be a majority 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 or minutes.

(c) No bill or joint resolution introduced during the period following the general election in the second year of a two-year legislative term and the beginning of a new legislative term shall be given first reading in either house of the Legislature unless three-fourths of all the members in that house, signified by yeas and nays entered on the journal or minutes, resolves that the bill or joint resolution is an emergency measure, in which case the bill or joint resolution shall take the regular course of a bill or joint resolution in that house pursuant to subparagraphs (a) and (b) of this paragraph.

(cf: Art.IV, Sec.IV, par.6)

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 REQUIRE CERTAIN LEGISLATION BE MADE AVAILABLE TO THE PUBLIC AT LEAST 14 DAYS BEFORE FINAL VOTE AND LIMIT THE CONSIDERATION OF CERTAIN LEGISLATION?

YES

Do you approve amending the Constitution so that the final text of bills and joint resolutions are available to the public at least 14 days before a final vote by the Legislature?

Do you also approve amending the Constitution to prohibit a vote on bills and joint resolutions introduced after the day of a general election in the second year of a legislative term? A legislative term lasts for two years. A vote on a bill or joint resolution would be allowed in the case of an emergency.

INTERPRETIVE STATEMENT

Under the Constitution, a bill or joint resolution is read three times in each house before a final vote is taken. A bill or joint resolution is given first reading when introduced, second reading generally when voted out of committee, and third reading before the final vote.

The Constitution currently requires that there be one day between second reading and third reading in each house.

The amendment would change the Constitution to require at least 14 days between second reading and third reading in each house. The final text of a bill or joint resolution must be made available to the public on the Legislature’s website for at least 14 days before a final vote.

The amendment permits a final vote to be taken on a bill or joint resolution without the 14-day period if three-fourths of the members vote to declare it an emergency.

This constitutional amendment would also limit voting on any bill or joint resolution introduced after the general election day in the second year of a legislative term. A legislative term lasts for two years.

The amendment permits voting on any bill or joint resolution introduced during this period if three-fours of the members vote to declare it an emergency.

The Constitution currently does not limit voting on bills or joint resolutions during this period.

STATEMENT

This constitutional amendment would require the Legislature to make the final text of bills and joint resolutions available to the public on the Legislature’s website at least 14 days before a final vote is taken.

Under the Constitution, a bill has to be read three times before it can be passed. A bill is given first reading when introduced, second reading generally when voted out of committee, and third reading before the final vote. The Constitution also requires one full calendar day between second reading and a final vote on a bill or joint resolution, with an exception for emergency measures.

This amendment would change the Constitution to require instead at least 14 days between second reading and a final vote. Under the bill, a bill or joint resolution cannot be read a third time in either house until the bill or joint resolution is made available to the public on the Legislature’s website for at least 14 days, except that a bill or joint resolution may have a final vote without the 14-day period if three-fourths of the members in that house decide that the bill or joint resolution is an emergency measure.

This proposed amendment would also prohibit consideration of any bill or joint resolution that is introduced after the general election in the second year of a two-year legislative term (also known as “lame duck period”) unless three-fourths of the members in that each house decide that the bill or joint resolution is an emergency measure.