Bill Text: NJ ACR51 | 2016-2017 | Regular Session | Introduced

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Bill Title: Amends State Constitution to prohibit increase in tax on motor fuels.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [ACR51 Detail]

Download: New_Jersey-2016-ACR51-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 51

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Assemblyman  R. BRUCE LAND

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Amends State Constitution to prohibit increase in tax on motor fuels.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

A Concurrent Resolution proposing to amend Article VIII, Section II of the New Jersey Constitution by adding a new paragraph.

 

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

 

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

 

PROPOSED AMENDMENT

 

     Amend Article VIII, Section II by adding a new paragraph 9 to read as follows:

     9.    The Legislature shall not enact any law that imposes a tax on the sale of motor fuels that exceeds the tax rate imposed on the sale of motor fuels as of January 1, 2015.

 

     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 PROHIBIT THE LEGISLATURE FROM INCREASING THE TAX ON MOTOR FUELS
	YES	Do you approve amending the Constitution to prohibit the Legislature from passing a law that would increase the tax imposed by the State on the sale of motor fuels?
		INTERPRETIVE STATEMENT
	NO	This amendment would prohibit the Legislature from passing any law that increases the tax imposed on motor fuels above the tax rate imposed by the State on motor fuels as of January 1, 2015.      Under the amendment, the tax on gasoline could not exceed 10.5 cents per gallon.  The tax on diesel fuel could not exceed 13.5 cents per gallon.  The tax on liquefied petroleum gas could not exceed 5.25 cents per gallon.  The tax on aviation fuel could not exceed 12.5 cents per gallon.  The petroleum products gross receipts tax on motor fuels could not exceed 4 cents per gallon.      The amendment would also prohibit any State law that imposes any other tax on the sale of motor fuels.

 

 

STATEMENT

 

     This concurrent resolution amends the State Constitution to prohibit the Legislature from enacting any law that imposes a tax on the sale of motor fuels in excess of the tax rate on motor fuels imposed by the State as of January 1, 2015. 

     As of January 1, 2015, the tax on motor fuels was: 10.5 cents per gallon for gasoline and blended fuel that contains gasoline or that is intended for use as gasoline; 13.5 cents per gallon for diesel fuel, blended fuel that contains diesel fuel or that is intended for use as diesel fuel, and kerosene; 5.25 cents per gallon for liquefied petroleum gas; and 10.5 cents per gallon for aviation gasoline, except that an additional tax at the rate of 2 cents per gallon may be imposed on aviation fuel for distribution to a general aviation airport.

     As of January 1, 2015, the petroleum products gross receipts tax on motor fuels was 4 cents per gallon.  The amendment would also prohibit any State law that imposes any other tax, including taxes such as the sales tax, on the sale of motor fuels.