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& Greenwald, Esqs.
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NEW JERSEY STATE CONSTITUTION 1947
Updated Through Amendments Adopted in November, 2000
A Constitution agreed upon by the delegates of the people of New Jersey, in
Convention, begun at Rutgers University, the State University of New Jersey, in
New Brunswick, on the twelfth day of June, and continued to the tenth day of
September, in the year of our Lord one thousand nine hundred and forty-seven.
We, the people of the State of New Jersey, grateful to Almighty God for the
civil and religious liberty which He hath so long permitted us to enjoy, and
looking to Him for a blessing upon our endeavors to secure and transmit the same
unimpaired to succeeding generations, do ordain and establish this Constitution.
ARTICLE I
RIGHTS AND PRIVILEGES
1. All persons are by nature free and independent, and have certain natural and
unalienable rights, among which are those of enjoying and defending life and
liberty, of acquiring, possessing, and protecting property, and of pursuing and
obtaining safety and happiness.
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Secretary of State shall be superseded by any subsequent legislation consistent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.
3. No person shall be deprived of the inestimable privilege of worshipping
Almighty God in a manner agreeable to the dictates of his own conscience; nor
under any pretense whatever be compelled to attend any place of worship contrary
to his faith and judgment; nor shall any person be obliged to pay tithes, taxes,
or other rates for building or repairing any church or churches, place or places
of worship, or for the maintenance of any minister or ministry, contrary to what
he believes to be right or has deliberately and voluntarily engaged to perform.
4. There shall be no establishment of one religious sect in preference to
another; no religious or racial test shall be required as a qualification for
any office or public trust.
5. No person shall be denied the enjoyment of any civil or military right, nor
be discriminated against in the exercise of any civil or military right, nor be
segregated in the militia or in the public schools, because of religious
principles, race, color, ancestry or national origin.
6. Every person may freely speak, write and publish his sentiments on all
subjects, being responsible for the abuse of that right. No law shall be passed
to restrain or abridge the liberty of speech or of the press. In all
prosecutions or indictments for libel, the truth may be given in evidence to the
jury; and if it shall appear to the jury that the matter charged as libelous is
true, and was published with good motives and for justifiable ends, the party
shall be acquitted; and the jury shall have the right to determine the law and
the fact.
7. The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated; and
no warrant shall issue except upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and the papers
and things to be seized.
8. No person shall be held to answer for a criminal offense, unless on the
presentment or indictment of a grand jury, except in cases of impeachment, or in
cases now prosecuted without indictment, or arising in the army or navy or in
the militia, when in actual service in time of war or public danger.
9. The right of trial by jury shall remain inviolate; but the Legislature may
authorize the trial of civil causes by a jury of six persons. The Legislature
may provide that in any civil cause a verdict may be rendered by not less than
five-sixths of the jury. The Legislature may authorize the trial of the issue of
mental incompetency without a jury.
10. In all criminal prosecutions the accused shall have the right to a speedy
and public trial by an impartial jury; to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor; and to have the
assistance of counsel in his defense.
11. No person shall, after acquittal, be tried for the same offense. All persons
shall, before conviction, be bailable by sufficient sureties, except for capital
offenses when the proof is evident or presumption great.
12. Excessive bail shall not be required, excessive fines shall not be imposed,
and cruel and unusual punishments shall not be inflicted. It shall not be cruel
and unusual punishment to impose the death penalty on a person convicted of
purposely or knowingly causing death or purposely or knowingly causing serious
bodily injury resulting in death who committed the homicidal act by his own
conduct or who as an accomplice procured the commission of the offense by
payment or promise of payment of anything of pecuniary value.
13. No person shall be imprisoned for debt in any action, or on any judgment
found upon contract, unless in cases of fraud; nor shall any person be
imprisoned for a militia fine in time of peace.
14. The privilege of the writ of habeas corpus shall not be suspended, unless in
case of rebellion or invasion the public safety may require it.
15. The military shall be in strict subordination to the civil power.
16. No soldier shall, in time of peace, be quartered in any house, without the
consent of the owner; nor in time of war, except in a manner prescribed by law.
17. Treason against the State shall consist only in levying war against it, or
in adhering to its enemies, giving them aid and comfort. No person shall be
convicted of treason, unless on the testimony of two witnesses to the same overt
act, or on confession in open court.
18. The people have the right freely to assemble together, to consult for the
common good, to make known their opinions to their representatives, and to
petition for redress of grievances.
19. Persons in private employment shall have the right to organize and bargain
collectively. Persons in public employment shall have the right to organize,
present to and make known to the State, or any of its political subdivisions or
agencies, their grievances and proposals through representatives of their own
choosing.
20. Private property shall not be taken for public use without just
compensation. Individuals or private corporations shall not be authorized to
take private property for public use without just compensation first made to the
owners.
21. This enumeration of rights and privileges shall not be construed to impair
or deny others retained by the people.
22. A victim of a crime shall be treated with fairness, compassion and respect
by the criminal justice system. A victim of a crime shall not be denied the
right to be present at public judicial proceedings except when, prior to
completing testimony as a witness, the victim is properly sequestered in
accordance with law or the Rules Governing the Courts of the State of New
Jersey. A victim of a crime shall be entitled to those rights and remedies as
may be provided by the Legislature. For the purposes of this paragraph,
"victim of a crime" means: a) a person who has suffered physical or
psychological injury or has incurred loss of or damage to personal or real
property as a result of a crime or an incident involving another person
operating a motor vehicle while under the influence of drugs or alcohol, and b)
the spouse, parent, legal guardian, grandparent, child or sibling of the
decedent in the case of a criminal homicide. Article I, paragraph 2 amended
effective January 1, 1994; paragraph 9 amended effective December 4, 1973;
paragraph 12 amended effective December 3, 1992; paragraph 22 added effective
December 5, 1991.
ARTICLE II
ELECTIONS AND SUFFRAGE
SECTION I
1. General elections shall be held annually on the first Tuesday after the first
Monday in November; but the time of holding such elections may be altered by
law. The Governor and members of the Legislature shall be chosen at general
elections. Local elective officers shall be chosen at general elections or at
such other times as shall be provided by law.
2. All questions submitted to the people of the entire State shall be voted upon
at the general election next occurring at least 70 days following the final
action of the Governor or the Legislature, as appropriate, necessary to submit
the questions. The text of any such question shall be published at least once in
one or more newspapers of each county, if any newspapers be published therein,
at least 60 days before the election at which it is to be submitted to the
people, and the results of the vote upon a question shall be void unless the
text thereof shall have been so published. Article II, paragraph 2 amended
effective December 8, 1988.
3. (a) Every citizen of the United States, of the age of 18 years, who shall
have been a resident of this State and of the county in which he claims his vote
30 days, next before the election, shall be entitled to vote for all officers
that now are or hereafter may be elective by the people, and upon all questions
which may be submitted to a vote of the people; and
(b) (Deleted by amendment, effective December 5, 1974.)
(c) Any person registered as a voter in any election district of this State who
has removed or shall remove to another state or to another county within this
State and is not able there to qualify to vote by reason of an insufficient
period of residence in such state or county, shall, as a citizen of the United
States, have the right to vote for electors for President and Vice President of
the United States, only, by Presidential Elector Absentee Ballot, in the county
from which he has removed, in such manner as the Legislature shall provide.
Article II, paragraph 3 amended effective December 5,1974.
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4. In time of war no elector in the military service of the State or in the
armed forces of the United States shall be deprived of his vote by reason of
absence from his election district. The Legislature may provide for absentee
voting by members of the armed forces of the United States in time of peace. The
Legislature may provide the manner in which and the time and place at which such
absent electors may vote, and for the return and canvass of their votes in the
election district in which they respectively reside.
5. No person in the military, naval or marine service of the United States shall
be considered a resident of this State by being stationed in any garrison,
barrack, or military or naval place or station within this State.
6. No idiot or insane person shall enjoy the right of suffrage.
7. The Legislature may pass laws to deprive persons of the right of suffrage who
shall be convicted of such crimes as it may designate. Any person so deprived,
when pardoned or otherwise restored by law to the right of suffrage, shall again
enjoy that right.
SECTION II
1. (a) After each federal census taken in a year ending in zero, the
Congressional districts shall be established by the New Jersey Redistricting
Commission. The commission shall consist of 13 members, none of whom shall be a
member or employee of the Congress of the United States. The members of the
commission shall be appointed with due consideration to geographic, ethnic and
racial diversity and in the manner provided herein.
(b) There shall first be appointed 12 members as follows:
(1) two members to be appointed by the President of the Senate;
(2) two members to be appointed by the Speaker of the General Assembly;
(3) two members to be appointed by the minority leader of the Senate;
(4) two members to be appointed by the minority leader of the General Assembly;
and
(5) four members, two to be appointed by the chairman of the State committee of
the political party whose candidate for the office of Governor received the
largest number of votes at the most recent gubernatorial election and two to be
appointed by the chairman of the State committee of the political party whose
candidate for the office of Governor received the next largest number of votes
in that election. Appointments to the commission under this subparagraph shall
be made on or before June 15 of each year ending in one and shall be certified
by the respective appointing officials to the Secretary of State on or before
July 1 of that year.
Each partisan delegation so appointed shall appoint one of its members as its
chairman who shall have authority to make such certifications and to perform
such other tasks as the members of that delegation shall reasonably require.
(c) There shall then be appointed one member, to serve as an independent member,
who shall have been for the preceding five years a resident of this State, but
who shall not during that period have held public or party office in this State.
The independent member shall be appointed upon the vote of at least seven of the
previously appointed members of the commission on or before July 15 of each year
ending in one, and those members shall certify that appointment to the Secretary
of State on or before July 20 of that year. If the previously appointed members
are unable to appoint an independent member within the time allowed therefor,
they shall so certify to the Supreme Court not later than that July 20 and shall
include in that certification the names of the two persons who, in the members'
final vote upon the appointment of the independent member, received the greatest
number of votes. Not later than August 10 following receipt of that
certification, the Supreme Court shall by majority vote of its full authorized
membership select, of the two persons so named, the one more qualified by
education and occupational experience, by prior public service in government or
otherwise, and by demonstrated ability to represent the best interest of the
people of this State, to be the independent member. The Court shall certify that
selection to the Secretary of State not later than the following August 15.
(d) Vacancies in the membership of the commission occurring prior to the
certification by the commission of Congressional districts or during any period
in which the districts established by the commission may be or are under
challenge in court shall be filled in the same manner as the original
appointments were made within five days of their occurrence. In the case of a
vacancy in the membership of the independent member, if the other members of the
commission are unable to fill that vacancy within that five-day period, they
shall transmit certification of such inability within three days of the
expiration of the period to the Supreme Court, which shall select the person to
fill the vacancy within five days of receipt of that certification.
2. The independent member shall serve as the chairman of the commission. The
commission shall meet to organize as soon as may be practicable after
certification of the appointment of the independent member, but not later than
the Wednesday after the first Monday in September of each year ending in one. At
the organizational meeting the members of the commission shall determine such
organizational matters as they deem appropriate. Thereafter, a meeting of the
commission may be called by the chairman or upon the request of seven members,
and seven members of the commission shall constitute a quorum at any meeting
thereof for the purpose of taking any action.
3. On or before the third Tuesday of each year ending in two, or within three
months after receipt in each decade by the appropriate State officer of the
official statement by the Clerk of the United States House of Representatives,
issued pursuant to federal law, regarding the number of members of the House of
Representatives apportioned to this State for that decade, whichever is later,
the commission shall certify the establishment of the Congressional districts to
the Secretary of State. The commission shall certify the establishment of
districts pursuant to a majority vote of the full authorized membership of the
commission convened in open public meeting, of which meeting there shall be at
least 24 hours' public notice. Any vote by the commission upon a proposal to
certify the establishment of a Congressional district plan shall be taken by
roll call and shall be recorded, and the vote of any member in favor of any
Congressional district plan shall nullify any vote which that member shall
previously have cast during the life of the commission in favor of a different
Congressional district plan. If the commission is unable to certify the
establishment of districts by the time required due to the inability of a plan
to achieve seven votes, the two district plans receiving the greatest number of
votes, but not fewer than five votes, shall be submitted to the Supreme Court,
which shall select and certify whichever of the two plans so submitted conforms
most closely to the requirements of the Constitution and laws of the United
States.
4. The New Jersey Redistricting Commission shall hold at least three public
hearings in different parts of the State. The commission shall, subject to the
constraints of time and convenience, review written plans for the establishment
of Congressional districts submitted by members of the public.
5. Meetings of the New Jersey Redistricting Commission shall be held at
convenient times and locations and, with the exception of the public hearings
required by paragraph 4 of this section and the meeting at which the
establishment of districts is certified as prescribed by paragraph 3 of this
section, may be closed to the public.
6. The Legislature shall appropriate the funds necessary for the efficient
operation of the New Jersey Redistricting Commission.
7. Notwithstanding any provision to the contrary of this Constitution and except
as otherwise required by the Constitution or laws of the United States, no court
of this State other than the Supreme Court shall have jurisdiction over any
judicial proceeding challenging the appointment of members to the New Jersey
Redistricting Commission, or any action, including the establishment of
Congressional districts, by the commission or other public officer or body under
the provisions of this section.
8. The establishment of Congressional districts shall be used thereafter for the
election of members of the House of Representatives and shall remain unaltered
through the next year ending in zero in which a federal census for this State is
taken.
9. If a plan certified by the commission is declared unlawful, the commission
shall reorganize and adopt another Congressional district plan in the same
manner as herein required and within the period of time prescribed by the court
or within such shorter period as may be necessary to ensure that the new plan is
effective for the next succeeding primary and general election for all members
of the United States House of Representatives. Article II, section II added
effective December 7, 1995.
ARTICLE III
DISTRIBUTION OF THE POWERS OF GOVERNMENT
1. The powers of the government shall be divided among three distinct branches,
the legislative, executive, and judicial. No person or persons belonging to or
constituting one branch shall exercise any of the powers properly belonging to
either of the others, except as expressly provided in this Constitution.
ARTICLE IV
LEGISLATIVE
SECTION I
1. The legislative power shall be vested in a Senate and General Assembly.
2. No person shall be a member of the Senate who shall not have attained the age
of thirty years, and have been a citizen and resident of the State for four
years, and of the district for which he shall be elected one year, next before
his election. No person shall be a member of the General Assembly who shall not
have attained the age of twenty-one years and have been a citizen and resident
of the State for two years, and of the district for which he shall be elected
one year, next before his election. No person shall be eligible for membership
in the Legislature unless he be entitled to the right of suffrage. Article IV,
Section I, paragraph 2 amended effective December 8, 1966.
3. Each Legislature shall be constituted for a term of 2 years beginning at noon
on the second Tuesday in January in each even numbered year, at which time the
Senate and General Assembly shall meet and organize separately and the first
annual session of the Legislature shall commence. Said first annual session
shall terminate at noon on the second Tuesday in January next following, at
which time the second annual session shall commence and it shall terminate at
noon on the second Tuesday in January then next following but either session may
be sooner terminated by adjournment sine die. All business before either House
or any of the committees thereof at the end of the first annual session may be
resumed in the second annual session. The legislative year shall commence at
noon on the second Tuesday in January of each year.
Article IV, Section I, paragraph 3 amended effective December 3, 1968.
(Applicable to the 1970 Legislature and thereafter.)
4. Special sessions of the Legislature shall be called by the Governor upon
petition of a majority of all the members of each house, and may be called by
the Governor whenever in his opinion the public interest shall require.
SECTION II
1. The Senate shall be composed of forty senators apportioned among Senate
districts as nearly as may be according to the number of their inhabitants as
reported in the last preceding decennial census of the United States and
according to the method of equal proportions. Each Senate district shall be
composed, wherever practicable, of one single county, and, if not so
practicable, of two or more contiguous whole counties.
2. Each senator shall be elected by the legally qualified voters of the Senate
district, except that if the Senate district is composed of two or more counties
and two senators are apportioned to the district, one senator shall be elected
by the legally qualified voters of each Assembly district. Each senator shall be
elected for a term beginning at noon of the second Tuesday in January next
following his election and ending at noon of the second Tuesday in January four
years thereafter, except that each senator, to be elected for a term beginning
in January of the second year following the year in which a decennial census of
the United States is taken, shall be elected for a term of two years.
3. The General Assembly shall be composed of eighty members. Each Senate
district to which only one senator is apportioned shall constitute an Assembly
district. Each of the remaining Senate districts shall be divided into Assembly
districts equal in number to the number of senators apportioned to the Senate
district. The Assembly districts shall be composed of contiguous territory, as
nearly compact and equal in the number of their inhabitants as possible, and in
no event shall each such district contain less than eighty per cent nor more
than one hundred twenty per cent of one-fortieth of the total number of
inhabitants of the State as reported in the last preceeding decennial census of
the United States. Unless necessary to meet the foregoing requirements, no
county or municipality shall be divided among Assembly districts unless it shall
contain more than one-fortieth of the total number of inhabitants of the State,
and no county or municipality shall be divided among a number of Assembly
districts larger than one plus the whole number obtained by dividing the number
of inhabitants in the county or municipality by one-fortieth of the total number
of inhabitants of the State.
4. Two members of the General Assembly shall be elected by the legally qualified
voters of each Assembly district for terms beginning at noon of the second
Tuesday in January next following their election and ending at noon of the
second Tuesday in January two years thereafter. Article IV, Section II,
paragraphs 1, 2, 3, 4 amended effective December 8, 1966.
SECTION III
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 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 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.
2. If the Apportionment Commission fails so to certify such establishment and
apportionment to the Secretary of State 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 the
establishment of Senate and Assembly districts and the apportionment of senators
and members of the General Assembly.
3. Such establishment and apportionment shall be used thereafter for the
election of members of the Legislature and shall remain unaltered until the
following decennial census of the United States for New Jersey shall have been
received by the Governor. Article IV, Section III, paragraphs 1, 2, 3 amended
effective December 8, 1966.
SECTION IV
1. Any vacancy in the Legislature occasioned otherwise than by expiration of
term shall be filled by election for the unexpired term only at the next general
election occurring not less than 51 days after the occurrence of the vacancy,
except that no vacancy shall be filled at the general election which immediately
precedes the expiration of the term in which the vacancy occurs. For the interim
period pending the election and qualification of a successor to fill the
vacancy, or for the remainder of the term in the case of a vacancy occurring
which cannot be filled pursuant to the terms of this paragraph at a general
election, the vacancy shall be filled within 35 days by the members of the
county committee of the political party of which the incumbent was the nominee
from the municipalities or districts or units thereof which comprise the
legislative district. Article IV, Section IV, paragraph 1 amended effective
December 8, 1988.
2. Each house shall be the judge of elections, returns and qualifications of its
own members, and a majority of all its members shall constitute a quorum to do
business; but a smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members, in such manner, and under
such penalties, as each house may provide.
3. Each house shall choose its own officers, determine the rules of its
proceedings, and punish its members for disorderly behavior. It may expel a
member with the concurrence of two-thirds of all its members.
4. Each house shall keep a journal of its proceedings, and from time to time
publish the same. The yeas and nays of the members of either house on any
question shall, on demand of one-fifth of those present, be entered on the
journal.
5. Neither house, during the session of the Legislature, shall, without the
consent of the other, adjourn for more than three days, or to any other place
than that in which the two houses shall be sitting.
6. 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 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.
7. Members of the Senate and General Assembly shall receive annually, during the
term for which they shall have been elected and while they shall hold their
office, such compensation as shall, from time to time, be fixed by law and no
other allowance or emolument, directly or indirectly, for any purpose whatever.
The President of the Senate and the Speaker of the General Assembly, each by
virtue of his office, shall receive an additional allowance, equal to one-third
of his compensation as a member.
8. The compensation of members of the Senate and General Assembly shall be fixed
at the first session of the Legislature held after this Constitution takes
effect, and may be increased or decreased by law from time to time thereafter,
but no increase or decrease shall be effective until the legislative year
following the next general election for members of the General Assembly.
9. Members of the Senate and General Assembly shall, in all cases except treason
and high misdemeanor, be privileged from arrest during their attendance at the
sitting of their respective houses, and in going to and returning from the same;
and for any statement, speech or debate in either house or at any meeting of a
legislative committee, they shall not be questioned in any other place.
SECTION V
1. No member of the Senate or General Assembly, during the term for which he
shall have been elected, shall be nominated, elected or appointed to any State
civil office or position, of profit, which shall have been created by law, or
the emoluments whereof shall have been increased by law, during such term. The
provisions of this paragraph shall not prohibit the election of any person as
Governor or as a member of the Senate or General Assembly.
2. The Legislature may appoint any commission, committee or other body whose
main purpose is to aid or assist it in performing its functions. Members of the
Legislature may be appointed to serve on any such body.
3. If any member of the Legislature shall become a member of Congress or shall
accept any Federal or State office or position, of profit, his seat shall
thereupon become vacant.
4. No member of Congress, no person holding any Federal or State office or
position, of profit, and no judge of any court shall be entitled to a seat in
the Legislature.
5. Neither the Legislature nor either house thereof shall elect or appoint any
executive, administrative or judicial officer except the State Auditor.
SECTION VI
1. All bills for raising revenue shall originate in the General Assembly; but
the Senate may propose or concur with amendments, as on other bills.
2. The Legislature may enact general laws under which municipalities, other than
counties, may adopt zoning ordinances limiting and restricting to specified
districts and regulating therein, buildings and structures, according to their
construction, and the nature and extent of their use, and the nature and extent
of the uses of land, and the exercise of such authority shall be deemed to be
within the police power of the State. Such laws shall be subject to repeal or
alteration by the Legislature.
3. Any agency or political subdivision of the State or any agency of a political
subdivision thereof, which may be empowered to take or otherwise acquire private
property for any public highway, parkway, airport, place, improvement, or use,
may be authorized by law to take or otherwise acquire a fee simple absolute or
any lesser interest, and may be authorized by law to take or otherwise acquire a
fee simple absolute in, easements upon, or the benefit of restrictions upon,
abutting property to preserve and protect the public highway, parkway, airport,
place, improvement, or use; but such taking shall be with just compensation.
4. The Legislature, in order to insure continuity of State, county and local
governmental operations in periods of emergency resulting from disasters caused
by enemy attack, shall have the power and the immediate and continuing duty by
legislation (1) to provide, prior to the occurrence of the emergency, for prompt
and temporary succession to the powers and duties of public offices, of whatever
nature and whether filled by election or appointment, the incumbents of which
may become unavailable for carrying on the powers and duties of such offices,
and (2) to adopt such other measures as may be necessary and proper for insuring
the continuity of governmental operations. In the exercise of the powers hereby
conferred the Legislature shall in all respects conform to the requirements of
this Constitution except to the extent that in the judgment of the Legislature
to do so would be impracticable or would admit of undue delay. Article IV,
Section VI, paragraph 4 added effective December 7, 1961.
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SECTION VII
1. No divorce shall be granted by the Legislature.
2. No gambling of any kind shall be authorized by the Legislature unless the
specific kind, restrictions and control thereof have been heretofore submitted
to, and authorized by a majority of the votes cast by, the people at a special
election or shall hereafter be submitted to, and authorized by a majority of the
votes cast thereon by, the legally qualified voters of the State voting at a
general election, except that, without any such submission or authorization:
A. It shall be lawful for bona fide veterans, charitable, educational, religious
or fraternal organizations, civic and service clubs, senior citizen associations
or clubs, volunteer fire companies and first-aid or rescue squads to conduct,
under such restrictions and control as shall from time to time be prescribed by
the Legislature by law, games of chance of, and restricted to, the selling of
rights to participate, the awarding of prizes, in the specific kind of game of
chance sometimes known as bingo or lotto, played with cards bearing numbers or
other designations, 5 or more in one line, the holder covering numbers as
objects, similarly numbered, are drawn from a receptacle and the game being won
by the person who first covers a previously designated arrangement of numbers on
such a card, when the entire net proceeds of such games of chance are to be
devoted to educational, charitable, patriotic, religious or public-spirited
uses, and in the case of senior citizen associations or clubs to the support of
such organizations, in any municipality, in which a majority of the qualified
voters, voting thereon, at a general or special election as the submission
thereof shall be prescribed by the Legislature by law, shall authorize the
conduct of such games of chance therein;
B. It shall be lawful for the Legislature to authorize, by law, bona fide
veterans, charitable, educational, religious or fraternal organizations, civic
and service clubs, senior citizen associations or clubs, volunteer fire
companies and first-aid or rescue squads to conduct games of chance of, and
restricted to, the selling of rights to participate, and the awarding of prizes,
in the specific kinds of games of chance sometimes known as raffles, conducted
by the drawing for prizes or by the allotment of prizes by chance, when the
entire net proceeds of such games of chance are to be devoted to educational,
charitable, patriotic, religious or public-spirited uses, and in the case of
senior citizen associations or clubs to the support of such organizations, in
any municipality, in which such law shall be adopted by a majority of the
qualified voters, voting thereon, at a general or special election as the
submission thereof shall be prescribed by law and for the Legislature, from time
to time, to restrict and control, by law, the conduct of such games of chance;
C. It shall be lawful for the Legislature to authorize the conduct of State
lotteries restricted to the selling of rights to participate therein and the
awarding of prizes by drawings when the entire net proceeds of any such lottery
shall be for State institutions and State aid for education; provided, however,
that it shall not be competent for the Legislature to borrow, appropriate or
use, under any pretense whatsoever, lottery net proceeds for the confinement,
housing, supervision or treatment of, or education programs for, adult criminal
offenders or juveniles adjudged delinquent or for the construction, staffing,
support, maintenance or operation of an adult or juvenile correctional facility
or institution;
D. It shall be lawful for the Legslature to authorize by law the establishment
and operation, under regulation and control by the State, of gambling houses or
casinos within the boundaries, as heretofore established, of the city of
Atlantic City, county of Atlantic, and to license and tax such operations and
equipment used in connection therewith. Any law authorizing the establishment
and operation of such gambling establishments shall provide for the State
revenues derived therefrom to be applied solely for the purpose of providing
funding for reductions in property taxes, rental, telephone, gas, electric, and
municipal utilities charges of eligible senior citizens and disabled residents
of the State, and for additional or expanded health services or benefits or
transportation services or benefits to eligible senior citizens and disabled
residents, in accordance with such formulae as the Legislature shall by law
provide. The type and number of such casinos or gambling houses and of the
gambling games which may be conducted in any such establishment shall be
determined by or pursuant to the terms of the law authorizing the establishment
and operation thereof;
E. It shall be lawful for the Legislature to authorize, by law, (1) the
simultaneous transmission by picture of running and harness horse races
conducted at racetracks located within or outside of this State, or both, to
gambling houses or casinos in the city of Atlantic City and (2) the specific
kind, restrictions and control of wagering at those gambling establishments on
the results of those races. The State's share of revenues derived therefrom
shall be applied for services to benefit eligible senior citizens as shall be
provided by law; and
F. It shall be lawful for the Legislature to authorize, by law, the specific
kind, restrictions and control of wagering on the results of live or simulcast
running and harness horse races conducted within or outside of this State. The
State's share of revenues derived therefrom shall be used for such purposes as
shall be provided by law.
Article IV, Section VII, paragraph 2 amended effective December 2, 1999.
3. The Legislature shall not pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts, or depriving a party of any remedy
for enforcing a contract which existed when the contract was made.
4. To avoid improper influences which may result from intermixing in one and the
same act such things as have no proper relation to each other, every law shall
embrace but one object, and that shall be expressed in the title. This paragraph
shall not invalidate any law adopting or enacting a compilation, consolidation,
revision, or rearrangement of all or parts of the statutory law.
5. No law shall be revived or amended by reference to its title only, but the
act revived, or the section or sections amended, shall be inserted at length. No
act shall be passed which shall provide that any existing law, or any part
thereof, shall be made or deemed a part of the act or which shall enact that any
existing law, or any part thereof, shall be applicable, except by inserting it
in such act.
6. The laws of this State shall begin in the following style: "Be it
enacted by the Senate and General Assembly of the State of New Jersey."
7. No general law shall embrace any provision of a private, special or local
character.
8. No private, special or local law shall be passed unless public notice of the
intention to apply therefor, and of the general object thereof, shall have been
previously given. Such notice shall be given at such time and in such manner and
shall be so evidenced and the evidence thereof shall be so preserved as may be
provided by law.
9. The Legislature shall not pass any private, special or local laws:
(1) Authorizing the sale of any lands belonging in whole or in part to a minor
or minors or other persons who may at the time be under any legal disability to
act for themselves.
(2) Changing the law of descent.
(3) Providing for change of venue in civil or criminal causes.
(4) Selecting, drawing, summoning or empaneling grand or petit jurors.
(5) Creating, increasing or decreasing the emoluments, term or tenure rights of
any public officers or employees.
(6) Relating to taxation or exemption therefrom.
(7) Providing for the management and control of free public schools.
(8) Granting to any corporation, association or individual any exclusive
privilege, immunity or franchise whatever.
(9) Granting to any corporation, association or individual the right to lay down
railroad tracks.
(10) Laying out, opening, altering, constructing, maintaining and repairing
roads or highways.
(11) Vacating any road, town plot, street, alley or public grounds.
(12) Appointing local officers or commissions to regulate municipal affairs.
(13) Regulating the internal affairs of municipalities formed for local
government and counties, except as otherwise in this Constitution provided.
The Legislature shall pass general laws providing for the cases enumerated in
this paragraph, and for all other cases which, in its judgment, may be provided
for by general laws. The Legislature shall pass no special act conferring
corporate powers, but shall pass general laws under which corporations may be
organized and corporate powers of every nature obtained, subject, nevertheless,
to repeal or alteration at the will of the Legislature.
10. Upon petition by the governing body of any municipal corporation formed for
local government, or of any county, and by vote of two-thirds of all the members
of each house, the Legislature may pass private, special or local laws
regulating the internal affairs of the municipality or county. The petition
shall be authorized in a manner to be prescribed by general law and shall
specify the general nature of the law sought to be passed. Such law shall become
operative only if it is adopted by ordinance of the governing body of the
municipality or county or by vote of the legally qualified voters thereof. The
Legislature shall prescribe in such law or by general law the method of adopting
such law, and the manner in which the ordinance of adoption may be enacted or
the vote taken, as the case may be.
11. The provisions of this Constitution and of any law concerning municipal
corporations formed for local government, or concerning counties, shall be
liberally construed in their favor. The powers of counties and such municipal
corporations shall include not only those granted in express terms but also
those of necessary or fair implication, or incident to the powers expressly
conferred, or essential thereto, and not inconsistent with or prohibited by this
Constitution or by law.
12. Notwithstanding any other provision of this Constitution and irrespective of
any right or interest in maintaining confidentiality, it shall be lawful for the
Legislature to authorize by law the disclosure to the general public of
information pertaining to the identity, specific and general whereabouts,
physical characteristics and criminal history of persons found to have committed
a sex offense. The scope, manner and format of the disclosure of such
information shall be determined by or pursuant to the terms of the law
authorizing the disclosure. Article IV, Section VII, paragraph 12 added
effective December 7, 2000.
SECTION VIII
1. Members of the Legislature shall, before they enter on the duties of their
respective offices, take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of
the United States and the Constitution of the State of New Jersey, and that I
will faithfully discharge the duties of Senator (or member of the General
Assembly) according to the best of my ability." Members-elect of the Senate
or General Assembly are empowered to administer said oath or affirmation to each
other.
2. Every officer of the Legislature shall, before he enters upon his duties,
take and subscribe the following oath or affirmation: "I do solemnly
promise and swear (or affirm) that I will faithfully, impartially and justly
perform all the duties of the office of ................, to the best of my
ability and understanding; that I will carefully preserve all records, papers,
writings, or property entrusted to me for safekeeping by virtue of my office,
and make such disposition of the same as may be required by law."
ARTICLE V
EXECUTIVE
SECTION I
1. The executive power shall be vested in a Governor.
2. The Governor shall not be less than thirty years of age, and shall have been
for at least twenty years a citizen of the United States, and a resident of this
State seven years next before his election, unless he shall have been absent
during that time on the public business of the United States or of this State.
3. No member of Congress or person holding any office or position, of profit,
under this State or the United States shall be Governor. If the Governor or
person administering the office of Governor shall accept any other office or
position, of profit, under this State or the United States, his office of
Governor shall thereby be vacated. No Governor shall be elected by the
Legislature to any office during the term for which he shall have been elected
Governor.
4. The Governor shall be elected by the legally qualified voters of this State.
The person receiving the greatest number of votes shall be the Governor; but if
two or more shall be equal and greatest in votes, one of them shall be elected
Governor by the vote of a majority of all the members of both houses in joint
meeting at the regular legislative session next following the election for
Governor by the people. Contested elections for the office of Governor shall be
determined in such manner as may be provided by law.
5. The term of office of the Governor shall be four years, beginning at noon of
the third Tuesday in January next following his election, and ending at noon of
the third Tuesday in January four years thereafter. No person who has been
elected Governor for two successive terms, including an unexpired term, shall
again be eligible for that office until the third Tuesday in January of the
fourth year following the expiration of his second successive term.
6. In the event of a vacancy in the office of Governor resulting from the death,
resignation or removal of a Governor in office, or the death of a
Governor-elect, or from any other cause, the functions, powers, duties and
emoluments of the office shall devolve upon the President of the Senate, for the
time being, and in the event of his death, resignation or removal, then upon the
Speaker of the General Assembly, for the time being; and in the event of his
death, resignation or removal, then upon such officers and in such order of
succession as may be provided by law; until a new Governor shall be elected and
qualify.
7. In the event of the failure of the Governor-elect to qualify, or of the
absence from the State of a Governor in office, or his inability to discharge
the duties of his office, or his impeachment, the functions, powers, duties and
emoluments of the office shall devolve upon the President of the Senate, for the
time being; and in the event of his death, resignation, removal, absence,
inability or impeachment, then upon the Speaker of the General Assembly, for the
time being; and in the event of his death, resignation, removal, absence,
inability or impeachment, then upon such officers and in such order of
succession as may be provided by law; until the Governor-elect shall qualify, or
the Governor in office shall return to the State, or shall no longer be unable
to discharge the duties of the office, or shall be acquitted, as the case may
be, or until a new Governor shall be elected and qualify.
8. Whenever a Governor-elect shall have failed to qualify within six months
after the beginning of his term of office, or whenever for a period of six
months a Governor in office, or person administering the office, shall have
remained continuously absent from the State, or shall have been continuously
unable to discharge the duties of his office by reason of mental or physical
disability, the office shall be deemed vacant. Such vacancy shall be determined
by the Supreme Court upon presentment to it of a concurrent resolution declaring
the ground of the vacancy, adopted by a vote of two-thirds of all the members of
each house of the Legislature, and upon notice, hearing before the Court and
proof of the existence of the vacancy.
9. In the event of a vacancy in the office of Governor, a Governor shall be
elected to fill the unexpired term at the general election next succeeding the
vacancy, unless the vacancy shall occur within sixty days immediately preceeding
a general election, in which case he shall be elected at the second succeeding
general election; but no election to fill an unexpired term shall be held in any
year in which a Governor is to be elected for a full term. A Governor elected
for an unexpired term shall assume his office immediately upon his election.
10. The Governor shall receive for his services a salary, which shall be neither
increased nor diminished during the period for which he shall have been elected.
11. The Governor shall take care that the laws be faithfully executed. To this
end he shall have power, by appropriate action or proceeding in the courts
brought in the name of the State, to enforce compliance with any constitutional
or legislative mandate, or to restrain violation of any constitutional or
legislative power or duty, by any officer, department or agency of the State;
but this power shall not be construed to authorize any action or proceeding
against the Legislature.
12. The Governor shall communicate to the Legislature, by message at the opening
of each regular session and at such other times as he may deem necessary, the
condition of the State, and shall in like manner recommend such measures as he
may deem desirable. He may convene the Legislature, or the Senate alone,
whenever in his opinion the public interest shall require. He shall be the
Commander-in-Chief of all the military and naval forces of the State. He shall
grant commissions to all officers elected or appointed pursuant to this
Constitution. He shall nominate and appoint, with the advice and consent of the
Senate, all officers for whose election or appointment provision is not
otherwise made by this Constitution or by law.
13. The Governor may fill any vacancy occurring in any office during a recess of
the Legislature, appointment to which may be made by the Governor with the
advice and consent of the Senate, or by the Legislature in joint meeting. An ad
interim appointment so made shall expire at the end of the next regular session
of the Senate, unless a successor shall be sooner appointed and qualify; and
after the end of the session no ad interim appointment to the same office shall
be made unless the Governor shall have submitted to the Senate a nomination to
the office during the session and the Senate shall have adjourned without
confirming or rejecting it. No person nominated for any office shall be eligible
for an ad interim appointment to such office if the nomination shall have failed
of confirmation by the Senate.
14. (a) When a bill has finally passed both houses, the house in which final
action was taken to complete its passage shall cause it to be presented to the
Governor before the close of the calendar day next following the date of the
session at which such final action was taken.
(b) A passed bill presented to the Governor shall become law:
(1) if the Governor approves and signs it within the period allowed for his
consideration; or,
(2) if the Governor does not return it to the house of origin, with a statement
of his objections, before the expiration of the period allowed for his
consideration; or,
(3) if, upon reconsideration of a bill objected to by the Governor, two-thirds
of all the members of each house agree to pass the bill.
(c) The period allowed for the Governor's consideration of a passed bill shall
be from the date of presentation until noon of the forty-fifth day next
following or, if the house of origin be in temporary adjournment on that day,
the first day subsequent upon which the house reconvenes; except that:
(l) if on the said forty-fifth day the Legislature is in adjournment sine die,
any bill then pending the Governor's approval shall be returned, if he objects
to it, at a special session held pursuant to subparagraph (d) of this paragraph;
(2) any bill passed between the forty-fifth day and the tenth day preceding the
expiration of the second legislative year shall be returned by the Governor, if
he objects to it, not later than noon of the day next preceding the expiration
of the second legislative year;
(3) any bill passed within 10 days preceding the expiration of the second
legislative year shall become law only if the Governor signs it prior to noon of
the seventh day following such expiration, or the Governor returns it to the
House of origin, with a statement of his objections, and two-thirds of all
members of each House agree to pass the bill prior to such expiration.
(d) For the purpose of permitting the return of bills pursuant to this
paragraph, a special session of the Legislature shall convene, without petition
or call, for the sole purpose of acting upon bills returned by the Governor, on
the forty-fifth day next following adjournment sine die of the regular session;
or, if the second legislative year of a 2-year Legislature will expire before
said forty-fifth day, then the day next preceding the expiration of the
legislative year.
(e) Upon receiving from the Governor a bill returned by him with his objections,
the house in which it originated shall enter the objections at large in its
journal or minutes and proceed to reconsider it. If, upon reconsideration, on or
after the third day following its return, or the first day of a special session
convened for the sole purpose of acting on such bills, two-thirds of all the
members of the house of origin agree to pass the bill, it shall be sent,
together with the objections of the Governor, to the other house; and if, upon
reconsideration, it is approved by two-thirds of all the members of the house,
it shall become a law. In all such cases the votes of each house shall be
determined by yeas and nays, and the names of the persons voting for and against
the bill shall be entered on the journal or minutes of each house.
(f) The Governor, in returning with his objections a bill for reconsideration at
any general or special session of the Legislature, may recommend that an
amendment or amendments specified by him be made in the bill, and in such case
the Legislature may amend and reenact the bill. If a bill be so amended and
reenacted, it shall be presented again to the Governor, but shall become a law
only if he shall sign it within 10 days after presentation, except that any bill
amended and reenacted within 10 days preceding the expiration of the second
legislative year shall become law only if the Governor signs it prior to noon of
the seventh day following such expiration. No bill shall be returned by the
Governor a second time. No bill need be read three times and no emergency
resolution need be adopted for the reenactment of any bill at a special session
of the Legislature.
Article V, Section I, paragraph 14 amended effective December 8, 1983.
15. If any bill presented to the Governor shall contain one or more items of
appropriation of money, he may object in whole or in part to any such item or
items while approving the other portions of the bill. In such case he shall
append to the bill, at the time of signing it, a statement of each item or part
thereof to which he objects, and each item or part so objected to shall not take
effect. A copy of such statement shall be transmitted by him to the house in
which the bill originated, and each item or part thereof objected to shall be
separately reconsidered. If upon reconsideration, on or after the third day
following said transmittal, one or more of such items or parts thereof be
approved by two-thirds of all the members of each house, the same shall become a
part of the law, notwithstanding the objections of the Governor. All the
provisions of the preceding paragraph in relation to bills not approved by the
Governor shall apply to cases in which he shall withhold his approval from any
item or items or parts thereof contained in a bill appropriating money.
SECTION II
1. The Governor may grant pardons and reprieves in all cases other than
impeachment and treason, and may suspend and remit fines and forfeitures. A
commission or other body may be established by law to aid and advise the
Governor in the exercise of executive clemency.
2. A system for the granting of parole shall be provided by law.
SECTION III
1. Provision for organizing, inducting, training, arming, disciplining and
regulating a militia shall be made by law, which shall conform to applicable
standards established for the armed forces of the United States.
2. The Governor shall nominate and appoint all general and flag officers of the
militia, with the advice and consent of the Senate. All other commissioned
officers of the militia shall be appointed and commissioned by the Governor
according to law.
SECTION IV
1. All executive and administrative offices, departments, and instrumentalities
of the State government, including the offices of Secretary of State and
Attorney General, and their 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.
2. Each principal department shall be under the supervision of the Governor. The
head of each principal department shall be a single executive unless otherwise
provided by law. Such single executives shall be nominated and appointed by the
Governor, with the advice and consent of the Senate, to serve at the pleasure of
the Governor during his term of office and until the appointment and
qualification of their successors, except as herein otherwise provided with
respect to the Secretary of State and the Attorney General.
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.
4. Whenever a board, commission or other body shall be the head of a principal
department, the members thereof shall be nominated and appointed by the Governor
with the advice and consent of the Senate, and may be removed in the manner
provided by law. Such a board, commission or other body may appoint a principal
executive officer when authorized by law, but the appointment shall be subject
to the approval of the Governor. Any principal executive officer so appointed
shall be removable by the Governor, upon notice and an opportunity to be heard.
5. The Governor may cause an investigation to be made of the conduct in office
of any officer or employee who receives his compensation from the State of New
Jersey, except a member, officer or employee of the Legislature or an officer
elected by the Senate and General Assembly in joint meeting, or a judicial
officer. He may require such officers or employees to submit to him a written
statement or statements, under oath, of such information as he may call for
relating to the conduct of their respective offices or employments. After
notice, the service of charges and an opportunity to be heard at public hearing
the Governor may remove any such officer or employee for cause. Such officer or
employee shall have the right of judicial review, on both the law and the facts,
in such manner as shall be provided by law.
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 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.
Article V, section IV, paragraph 6 amended effective December 3, 1992.
ARTICLE VI
JUDICIAL
SECTION I
1. The judicial power shall be vested in a Supreme Court, a Superior Court, and
other courts of limited jurisdiction. The other courts and their jurisdiction
may from time to time be established, altered or abolished by law.
Article VI, Section I, paragraph 1 amended effective December 7, 1978.
SECTION II
1. The Supreme Court shall consist of a Chief Justice and six Associate
Justices. Five members of the court shall constitute a quorum. When necessary,
the Chief Justice shall assign the Judge or Judges of the Superior Court, senior
in service, as provided by rules of the Supreme Court, to serve temporarily in
the Supreme Court. In case the Chief Justice is absent or unable to serve, a
presiding Justice designated in accordance with rules of the Supreme Court shall
serve temporarily in his stead.
2. The Supreme Court shall exercise appellate jurisdiction in the last resort in
all causes provided in this Constitution.
3. The Supreme Court shall make rules governing the administration of all courts
in the State and, subject to the law, the practice and procedure in all such
courts. The Supreme Court shall have jurisdiction over the admission to the
practice of law and the discipline of persons admitted.
SECTION III
1. The Superior Court shall consist of such number of judges as may be
authorized by law, each of whom shall exercise the powers of the court subject
to rules of the Supreme Court. The Superior Court shall at all times consist of
at least two judges who shall be assigned to sit in each of the counties of this
State, and who are resident therein at the time of appointment and
reappointment.
Article VI, Section III, paragraph 1 amended effective December 7, 1978.
2. The Superior Court shall have original general jurisdiction throughout the
State in all causes.
3. The Superior Court shall be divided into an Appellate Division, a Law
Division and a Chancery Division, which shall include a family part. Each
division shall have such other parts, consist of such number of judges, and hear
such causes, as may be provided by rules of the Supreme Court. At least two
judges of the Superior Court shall at all times be assigned to sit in each of
the counties of the State, who at the time of their appointment and
reappointment were residents of that county provided, however, that the number
of judges required to reside in the county wherein they sit shall be at least
equal in number to the number of judges of the county court sitting in each of
the counties at the adoption of this amendment.
Article VI, Section III, paragraph 3 amended effective December 8, 1983.
4. Subject to rules of the Supreme Court, the Law Division and the Chancery
Division shall each exercise the powers and functions of the other division when
the ends of justice so require, and legal and equitable relief shall be granted
in any cause so that all matters in controversy between the parties may be
completely determined.
Article VI, Section IV, repealed effective December 7, 1978.
SECTION V
1. Appeals may be taken to the Supreme Court:
(a) In causes determined by the appellate division of the Superior Court
involving a question arising under the Constitution of the United States or this
State;
(b) In causes where there is a dissent in the Appellate Division of the Superior
Court;
(c) In capital causes;
(d) On certification by the Supreme Court to the Superior Court and, where
provided by rules of the Supreme Court, to the inferior courts; and
(e) In such causes as may be provided by law.
2. Appeals may be taken to the Appellate Division of the Superior Court from the
law and chancery divisions of the Superior Court and in such other causes as may
be provided by law. Article VI, Section V, paragraphs 1 and 2 amended effective
December 7, 1978.
3. The Supreme Court and the Appellate Division of the Superior Court may
exercise such original jurisdiction as may be necessary to the complete
determination of any cause on review.
4. Prerogative writs are superseded and, in lieu thereof, review, hearing and
relief shall be afforded in the Superior Court, on terms and in the manner
provided by rules of the Supreme Court, as of right, except in criminal causes
where such review shall be discretionary.
SECTION VI
1. The Governor shall nominate and appoint, with the advice and consent of the
Senate, the Chief Justice and associate justices of the Supreme Court, the
Judges of the Superior Court, and the judges of the inferior courts with
jurisdiction extending to more than one municipality; except that upon the
abolition of the juvenile and domestic relations courts or family court and
county district courts as provided by law, the judges of those former courts
shall become the Judges of the Superior Court without nomination by the Governor
or confirmation by the Senate. No nomination to such an office shall be sent to
the Senate for confirmation until after 7 days' public notice by the Governor.
Article VI, Section VI, paragraph 1 amended effective December 8, 1983.
2. The justices of the Supreme Court and the judges of the Superior Court shall
each prior to his appointment have been admitted to the practice of law in this
State for at least 10 years. Article VI, Section VI, paragraph 2 amended
effective December 7, 1978.
3. The Justices of the Supreme Court and the Judges of the Superior Court shall
hold their offices for initial terms of 7 years and upon reappointment shall
hold their offices during good behavior; provided however, that, upon the
abolition of the juvenile and domestic relations courts or family court and
county district courts as provided by law, the judges in office in those former
courts who have acquired tenure and the Judges of the Superior Court who have
acquired tenure as a judge in those former courts prior to appointment to the
Superior Court, shall have tenure as Judges of the Superior Court. Judges of the
juvenile and domestic relations courts or family court and county district
courts who have not acquired tenure as a judge of those former courts shall hold
their offices for the period of their respective terms which remain unexpired
and shall acquire tenure upon reappointment to the Superior Court. Such justices
and judges shall be retired upon attaining the age of 70 years. Provisions for
the pensioning of the Justices of the Supreme Court and the Judges of the
Superior Court shall be made by law.
Article VI, Section VI, paragraph 3 amended effective December 8, 1983.
4. The Justices of the Supreme Court and the Judges of the Superior Court shall
be subject to impeachment, and any judicial officer impeached shall not exercise
his office until acquitted. The Judges of the Superior Court shall also be
subject to removal from office by the Supreme Court for such causes and in such
manner as shall be provided by law.
5. Whenever the Supreme Court shall certify to the Governor that it appears that
any Justice of the Supreme Court or Judge of the Superior Court is so
incapacitated as substantially to prevent him from performing his judicial
duties, the Governor shall appoint a commission of three persons to inquire into
the circumstances; and, on their recommendation, the Governor may retire the
justice or judge from office, on pension as may be provided by law.
Article VI, Section VI, paragraphs 4 and 5 amended effective December 7, 1978.
6. The Justices of the Supreme Court and the Judges of the Superior Court shall
receive for their services such salaries as may be provided by law, which shall
not be diminished during the term of their appointment. They shall not, while in
office, engage in the practice of law or other gainful pursuit.
7. The Justices of the Supreme Court and the Judges of the Superior Court shall
hold no other office or position, of profit, under this State or the United
States. Any such justice or judge who shall become a candidate for an elective
public office shall thereby forfeit his judicial office.
Article VI, Section VI, paragraph 7 amended effective December 7, 1978.
SECTION VII
1. The Chief Justice of the Supreme Court shall be the administrative head of
all the courts in the State. He shall appoint an Administrative Director to
serve at his pleasure.
2. The Chief Justice of the Supreme Court shall assign Judges of the Superior
Court to the Divisions and Parts of the Superior Court, and may from time to
time transfer Judges from one assignment to another, as need appears.
Assignments to the Appellate Division shall be for terms fixed by rules of the
Supreme Court.
3. The Clerk of the Supreme Court and the Clerk of the Superior Court shall be
appointed by the Supreme Court for such terms and at such compensation as shall
be provided by law.
SECTION VIII
1. a. On or before July 1, 1997:
(1) The State shall be required to pay for certain judicial and probation costs;
(2) All judicial employees and probation employees shall be employees of the
State; and
(3) Any judicial fees and probation fees collected shall be paid to the State
Treasury.
b. As used in this section:
(1) "Judicial facility costs" means any costs borne by the counties
prior to July 1, 1993 with regard to the operation and maintenance of facilities
used by the courts or judicial employees;
(2) "Probation facility costs" means any costs borne by the counties
prior to July 1, 1993 with regard to the operation and maintenance of facilities
used by probation employees;
(3) "Judicial costs" means the costs incurred by the county for
funding the judicial system, including but not limited to the following costs:
salaries, health benefits and pension payments of all judicial employees, juror
fees and library material costs ,except that judicial costs shall not include
costs incurred by employees of the surrogate's office or judicial facility
costs;
(4) "Judicial employees" means any person employed by the county prior
to July 1, 1993 to perform judicial functions, including but not limited to
employees working for the courts, and the law library and employees of the
sheriff's office who act as court aides, except that employees of the
surrogate's office and probation employees shall not be construed to be judicial
employees;
(5) "Judicial fees" means any fees or fines collected by the judiciary
but shall not include sheriff's or surrogate's fees or municipal court fees or
fines;
(6) "Judicial functions" means any duties and responsibilities
performed in providing any services and direct support necessary for the
effective operation of the judicial system;
(7) "Probation costs" means any costs incurred by the county for the
operation of the county probation department, including but not limited to the
costs of salaries, health benefits, and pension payments of probation employees
but shall not include probation facility costs;
(8) "Probation employees" means any person employed by a county
probation department prior to July 1,1993;
(9) "Probation fees" means any fees or fines collected in connection
with the probation of any persons.
Section VIII added effective December 3, 1992.
ARTICLE VII
PUBLIC OFFICERS AND EMPLOYEES
SECTION I
l. Every State officer, before entering upon the duties of his office, shall
take and subscribe an oath or affirmation to support the Constitution of this
State and of the United States and to perform the duties of his office
faithfully, impartially and justly to the best of his ability.
2. Appointments and promotions in the civil service of the State, and of such
political subdivisions as may be provided by law, shall be made according to
merit and fitness to be ascertained, as far as practicable, by examination,
which, as far as practicable, shall be competitive; except that preference in
appointments by reason of active service in any branch of the military or naval
forces of the United States in time of war may be provided by law.
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3. Any compensation for services or any fees received by any person by virtue of
an appointive State office or position, in addition to the annual salary
provided for the office or position, shall immediately upon receipt be paid into
the treasury of the State, unless the compensation or fees shall be allowed or
appropriated to him by law.
4. Any person before or after entering upon the duties of any public office,
position or employment in this State may be required to give bond as may be
provided by law.
5. The term of office of all officers elected or appointed pursuant to the
provisions of this Constitution, except as herein otherwise provided, shall
commence on the day of the date of their respective commissions; but no
commission for any office shall bear date prior to the expiration of the term of
the incumbent of said office.
6. The State Auditor shall be appointed by the Senate and General Assembly in
joint meeting for a term of five years and until his successor shall be
appointed and qualified. It shall be his duty to conduct post-audits of all
transactions and accounts kept by or for all departments, offices and agencies
of the State government, to report to the Legislature or to any committee
thereof as shall be required by law, and to perform such other similar or
related duties as shall, from time to time, be required of him by law.
SECTION II
l. County prosecutors shall be nominated and appointed by the Governor with the
advice and consent of the Senate. Their term of office shall be five years, and
they shall serve until the appointment and qualification of their respective
successors.
2. County clerks, surrogates and sheriffs shall be elected by the people of
their respective counties at general elections. The term of office of county
clerks and surrogates shall be five years, and of sheriffs three years. Whenever
a vacancy shall occur in any such office it shall be filled in the manner to be
provided by law.
SECTION III
l. The Governor and all other State officers, while in office and for two years
thereafter, shall be liable to impeachment for misdemeanor committed during
their respective continuance in office.
2. The General Assembly shall have the sole power of impeachment by vote of a
majority of all the members. All impeachments shall be tried by the Senate, and
members, when sitting for that purpose, shall be on oath or affirmation
"truly and impartially to try and determine the charge in question
according to the evidence". No person shall be convicted without the
concurrence of two-thirds of all the members of the Senate. When the Governor is
tried, the Chief Justice of the Supreme Court shall preside and the President of
the Senate shall not participate in the trial.
3. Judgment in cases of impeachment shall not extend further than to removal
from office, and to disqualification to hold and enjoy any public office of
honor, profit or trust in this State; but the person convicted shall
nevertheless be liable to indictment, trial and punishment according to law.
ARTICLE VIII
TAXATION AND FINANCE
SECTION I
l. (a) Property shall be assessed for taxation under general laws and by uniform
rules. All real property assessed and taxed locally or by the State for
allotment and payment to taxing districts shall be assessed according to the
same standard of value, except as otherwise permitted herein, and such real
property shall be taxed at the general tax rate of the taxing district in which
the property is situated, for the use of such taxing district.
(b) The Legislature shall enact laws to provide that the value of land, not less
than 5 acres in area, which is determined by the assessing officer of the taxing
jurisdiction to be actively devoted to agricultural or horticultural use and to
have been so devoted for at least the 2 successive years immediately preceding
the tax year in issue, shall, for local tax purposes, on application of the
owner, be that value which such land has for agricultural or horticultural use.
Any such laws shall provide that when land which has been valued in this manner
for local tax purposes is applied to a use other than for agriculture or
horticulture it shall be subject to additional taxes in an amount equal to the
difference, if any, between the taxes paid or payable on the basis of the
valuation and the assessment authorized hereunder and the taxes that would have
been paid or payable had the land been valued and assessed as otherwise provided
in this Constitution, in the current year and in such of the tax years
immediately preceding, not in excess of 2 such years in which the land was
valued as herein authorized. Such laws shall also provide for the equalization
of assessments of land valued in accordance with the provisions hereof and for
the assessment and collection of any additional taxes levied thereupon and shall
include such other provisions as shall be necessary to carry out the provisions
of this amendment.
Article VIII, Section I, paragraph 1 amended effective December 5, 1963.
2. Exemption from taxation may be granted only by general laws. Until otherwise
provided by law all exemptions from taxation validly granted and now in
existence shall be continued. Exemptions from taxation may be altered or
repealed, except those exempting real and personal property used exclusively for
religious, educational, charitable or cemetery purposes, as defined by law, and
owned by any corporation or association organized and conducted exclusively for
one or more of such purposes and not operating for profit.
3. Any citizen and resident of this State now or hereafter honorably discharged
or released under honorable circumstances from active service, in time of war or
other emergency as, from time to time, defined by the Legislature, in any branch
of the Armed Forces of the United States shall be entitled, annually to a
deduction from the amount of any tax bill for taxes on real and personal
property, or both, including taxes attributable to a residential unit held by a
stockholder in a cooperative or mutual housing corporation, in the sum of $50 or
if the amount of any such tax bill shall be less than $50, to a cancellation
thereof, except that the deduction or cancellation shall be $100 in tax year
2000, $150 in tax year 2001, $200 in tax year 2002 and $250 in each tax year
thereafter. The deduction or cancellation shall not be altered or repealed. Any
person hereinabove described who has been or shall be declared by the United
States Veterans Administration, or its successor, to have a service-connected
disability, shall be entitled to such further deduction from taxation as from
time to time may be provided by law. The surviving spouse of any citizen and
resident of this State who has met or shall meet his or her death on active duty
in time of war or of other emergency as so defined in any such service shall be
entitled, during her widowhood or his widowerhood, as the case may be, and while
a resident of this State, to the deduction or cancellation in this paragraph
provided for honorably discharged veterans and to such further deduction as from
time to time may be provided by law. The surviving spouse of any citizen and
resident of this State who has had or shall hereafter have active service in
time of war or of other emergency as so defined in any branch of the Armed
Forces of the United States and who died or shall die while on active duty in
any branch of the Armed Forces of the United States, or who has been or may
hereafter be honorably discharged or released under honorable circumstances from
active service in time or war or of other emergency as so defined in any branch
of the Armed Forces of the United States shall be entitled, during her widowhood
or his widowerhood, as the case may be, and while a resident of this State, to
the deduction or cancellation in this paragraph provided for honorably
discharged veterans and to such further deductions as from time to time may be
provided by law.
Article VIII, Section I, paragraph 3 amended effective December 2, 1999.
4. The Legislature may, from time to time, enact laws granting an annual
deduction, from the amount of any tax bill for taxes on the real property, and
from taxes attributable to a residential unit in a cooperative or mutual housing
corporation, of any citizen and resident of this State of the age of 65 or more
years, or any citizen and resident of this State less than 65 years of age who
is permanently and totally disabled according to the provisions of the Federal
Social Security Act, residing in a dwelling house owned by him which is a
constituent part of such real property, or residing in a dwelling house owned by
him which is assessed as real property but which is situated on land owned by
another or others, or residing as tenant-shareholder in a cooperative or mutual
housing corporation, but no such deduction shall be in excess of $160.00 with
respect to any year prior to 1981, $200.00 per year in 1981, $225.00 per year in
1982, and $250.00 per year in 1983 and any year thereafter and such deduction
shall be restricted to owners having an income not in excess of $5,000.00 per
year with respect to any year prior to 1981, $8,000.00 per year in 1981,
$9,000.00 per year in 1982, and $10,000.00 per year in 1983 and any year
thereafter, exclusive of benefits under any one of the following:
a. The Federal Social Security Act and all amendments and supplements thereto;
b. Any other program of the federal government or pursuant to any other federal
law which provides benefits in whole or in part in lieu of benefits referred to
in, or for persons excluded from coverage under, a. hereof including but not
limited to the Federal Railroad Retirement Act and federal pension, disability
and retirement programs; or
c. Pension, disability or retirement programs of any state or its political
subdivisions, or agencies thereof, for persons not covered under a. hereof;
provided, however, that the total amount of benefits to be allowed exclusion by
any owner under b. or c. hereof shall not be in excess of the maximum amount of
benefits payable to, and allowable for exclusion by, an owner in similar
circumstances under a. hereof. The surviving spouse of a deceased citizen and
resident of the State who during his or her life received a deduction pursuant
to this paragraph shall be entitled, so long as he or she shall remain unmarried
and a resident of the same dwelling house situated on the same land with respect
to which said deduction was granted, to the same deduction, upon the same
conditions, with respect to the same real property or with respect to the same
dwelling house which is situated on land owned by another or others, or with
respect to the same cooperative or mutual housing corporation, notwithstanding
that said surviving spouse is under the age of 65 and is not permanently and
totally disabled, provided that said surviving spouse is 55 years of age or
older. Any such deduction when so granted by law shall be granted so that it
will not be in addition to any other deduction or exemption, except a deduction
granted under authority of paragraph 3 of this section, to which the said
citizen and resident may be entitled, but said citizen and resident may receive
in addition any homestead rebate or credit provided by law. The State shall
annually reimburse each taxing district in an amount equal to one-half of the
tax loss to the district resulting from the allowance of tax deductions pursuant
to this paragraph.
Article VIII, Section I, paragraph 4 amended effective December 8, 1988.
5. The Legislature may adopt a homestead statute which entitles homeowners,
residential tenants and net lease residential tenants to a rebate or a credit of
a sum of money related to property taxes paid by or allocable to them at such
rates and subject to such limits as may be provided by law. Such rebates or
credits may include a differential rebate or credit to citizens and residents
who are of the age of 65 or more years, or less than 65 years of age who are
permanently and totally disabled according to the provisions of the Federal
Social Security Act, or are 55 years of age or more and the surviving spouse of
a deceased citizen or resident of this State who during his lifetime received,
or who, upon the adoption of this amendment and the enactment of implementing
legislation, would have been entitled to receive a rebate or credit related to
property taxes.
Article VIII, Section I, paragraph 5 amended effective December 2, 1976.
6. The Legislature may enact general laws under which municipalities may adopt
ordinances granting exemptions or abatements from taxation on buildings and
structures in areas declared in need of rehabilitation in accordance with
statutory criteria, within such municipalities and to the land comprising the
premises upon which such buildings or structures are erected and which is
necessary for the fair enjoyment thereof. Such exemptions shall be for limited
periods of time as specified by law, but not in excess of 5 years.
Article VIII, Section I, paragraph 6 added effective December 4, 1975.
7. No tax shall be levied on personal incomes of individuals, estates and trusts
of this State unless the entire net receipts therefrom shall be received into
the treasury, placed in a perpetual fund and be annually appropriated, pursuant
to formulas established from time to time by the Legislature, to the several
counties, municipalities and school districts of this State exclusively for the
purpose of reducing or offsetting property taxes. In no event, however, shall a
tax so levied on personal incomes be levied on payments received under the
federal Social Security Act, the federal Railroad Retirement Act, or any federal
law which substantially reenacts the provisions of either of those laws.
Article VIII, Section I, paragraph 7 amended effective December 6, 1984.
SECTION II
1. The credit of the State shall not be directly or indirectly loaned in any
case.
2. No money shall be drawn from the State treasury but for appropriations made
by law. All moneys for the support of the State government and for all other
State purposes as far as can be ascertained or reasonably foreseen, shall be
provided for in one general appropriation law covering one and the same fiscal
year; except that when a change in the fiscal year is made, necessary provision
may be made to effect the transition. No general appropriation law or other law
appropriating money for any State purpose shall be enacted if the appropriation
contained therein, together with all prior appropriations made for the same
fiscal period, shall exceed the total amount of revenue on hand and anticipated
which will be available to meet such appropriations during such fiscal period,
as certified by the Governor.
3. The Legislature shall not, in any manner, create in any fiscal year a debt or
debts, liability or liabilities of the State, which together with any previous
debts or liabilities shall exceed at any time one per centum of the total amount
appropriated by the general appropriation law for that fiscal year, unless the
same shall be authorized by a law for some single object or work distinctly
specified therein. Regardless of any limitation relating to taxation in this
Constitution, such law shall provide the ways and means, exclusive of loans, to
pay the interest of such debt or liability as it falls due, and also to pay and
discharge the principal thereof within thirty-five years from the time it is
contracted; and the law shall not be repealed until such debt or liability and
the interest thereon are fully paid and discharged. Except as hereinafter
provided, no such law shall take effect until it shall have been submitted to
the people at a general election and approved by a majority of the legally
qualified voters of the State voting thereon. No voter approval shall be
required for any such law authorizing the creation of a debt or debts in a
specified amount or an amount to be determined in accordance with such law for
the refinancing of all or a portion of any outstanding debts or liabilities of
the State heretofore or hereafter created, so long as such law shall require
that the refinancing provide a debt service savings determined in a manner to be
provided in such law and that the proceeds of such debt or debts and any
investment income therefrom shall be applied to the payment of the principal of,
any redemption premium on, and interest due and to become due on such debts or
liabilities being refinanced on or prior to the redemption date or maturity date
thereof, together with the costs associated with such refinancing. All money to
be raised by the authority of such law shall be applied only to the specific
object stated therein, and to the payment of the debt thereby created. This
paragraph shall not be construed to refer to any money that has been or may be
deposited with this State by the government of the United States. Nor shall
anything in this paragraph contained apply to the creation of any debts or
liabilities for purposes of war, or to repel invasion, or to suppress
insurrection or to meet an emergency caused by disaster or act of God.
Article VIII, Section II, paragraph 3 amended effective December 8, 1983.
4. There shall be credited to a special account in the General Fund: (a) for
each State fiscal year commencing on and after July 1, 1999 an amount equivalent
to the revenue derived from $0.09 per gallon from the tax imposed on the sale of
motor fuels pursuant to chapter 39 of Title 54 of the Revised Statutes; (b) for
the State fiscal year in which the amendment to this paragraph is approved by
the voters an amount not less than $100,000,000 derived from the State revenues
collected from the tax on the gross receipts of the sale of petroleum products
imposed pursuant to P.L.1990, c.42 (C.54:15B-1 et seq.) as amended and
supplemented, or any other subsequent law of similar effect, and for each State
fiscal year thereafter an amount not less than $200,000,000 derived from those
revenues; and (c) for the State fiscal year next commencing after the amendment
to this paragraph is approved by the voters an amount not less than $80,000,000
from the State revenue collected from the State tax imposed under the
"Sales and Use Tax Act," pursuant to P.L.1966, c.30 (C.54:32B-1 et
seq.), as amended and supplemented, or any other subsequent law of similar
effect, for the State fiscal year thereafter an amount not less than
$140,000,000 from those revenues, and in each State fiscal year thereafter an
amount not less than $200,000,000 from those revenues; provided, however, the
dedication and use of such revenues as provided in this paragraph shall be
subject and subordinate to (a) all appropriations of revenues from such taxes
made by laws enacted on or before December 7, 2000 in accordance with Article
VIII, Section II, paragraph 3 of the State Constitution in order to provide the
ways and means to pay the principal and interest on bonds of the State presently
outstanding or authorized to be issued under such laws or (b) any other use of
those revenues enacted into law on or before December 7, 2000. These amounts
shall be appropriated from time to time by the Legislature, only for the
purposes of paying or financing the cost of planning, acquisition, engineering,
construction, reconstruction, repair and rehabilitation of the transportation
system in this State and it shall not be competent for the Legislature to
borrow, appropriate or use these amounts or any part thereof for any other
purpose, under any pretense whatever. Article VIII, Section II, paragraph 4
added effective December 6, 1984; amended effective December 7, 2000.
5. (a) With respect to any provision of a law enacted on and after January 17,
1996, and with respect to any rule or regulation issued pursuant to a law
originally adopted after July 1, 1996, and except as otherwise provided herein,
any provision of such law, or of such rule or regulation issued pursuant to a
law, which is determined in accordance with this paragraph to be an unfunded
mandate upon boards of education, counties, or municipalities because it does
not authorize resources, other than the property tax, to offset the additional
direct expenditures required for the implementation of the law or rule or
regulation, shall, upon such determination cease to be mandatory in its effect
and expire. A law or rule or regulation issued pursuant to a law that is
determined to be an unfunded mandate shall not be considered to establish a
standard of care for the purpose of civil liability.
(b) The Legislature shall create by law a Council on Local Mandates. The Council
shall resolve any dispute regarding whether a law or rule or regulation issued
pursuant to a law constitutes an unfunded mandate. The Council shall consist of
nine public members appointed as follows: four members to be appointed by the
Governor; one member to be appointed by the President of the Senate; one member
to be appointed by the Speaker of the General Assembly; one member to be
appointed by the minority leader of the Senate; one member to be appointed by
the minority leader of the General Assembly; and one member to be appointed by
the Chief Justice of the New Jersey Supreme Court. Of the members appointed by
the Governor, at least two shall be appointed from a list of six willing
nominees submitted by the chairman of the political party whose candidate for
Governor received the second largest number of votes at the most recent
gubernatorial general election. The decisions of the Council shall be political
and not judicial determinations.
(c) Notwithstanding anything in this paragraph to the contrary, the following
categories of laws or rules or regulations issued pursuant to a law, shall not
be considered unfunded mandates:
(1) those which are required to comply with federal laws or rules or to meet
eligibility standards for federal entitlements;
(2) those which are imposed on both government and non-government entities in
the same or substantially similar circumstances;
(3) those which repeal, revise or ease an existing requirement or mandate or
which reapportion the costs of activities between boards of education, counties,
and municipalities;
(4) those which stem from failure to comply with previously enacted laws or
rules or regulations issued pursuant to a law;
(5) those which implement the provisions of this Constitution; and
(6) laws which are enacted after a public hearing, held after public notice that
unfunded mandates will be considered, for which a fiscal analysis is available
at the time of the public hearing and which, in addition to complying with all
other constitutional requirements with regard to the enactment of laws, are
passed by 3/4 affirmative vote of the members of each House of the Legislature.
Article VIII, Section II, paragraph 5 added effective December 7, 1995.
6. There shall be credited annually to a special account in the General Fund an
amount equivalent to 4% of the revenue annually derived from the tax imposed
pursuant to the "Corporation Business Tax Act (1945)," P.L.1945, c.162
(C.54:10A-1 et seq.), as amended and supplemented, or any other State law of
similar effect. The amount annually credited pursuant to this paragraph shall be
dedicated and shall be appropriated from time to time by the Legislature only
for the following purposes: paying or financing costs incurred by the State for
the remediation of discharges of hazardous substances, which costs may include
performing necessary operation and maintenance activities relating to remedial
actions and costs incurred for providing alternative sources of public or
private water supplies, when a water supply has been, or is suspected of being,
contaminated by a hazardous substance discharge; providing funding, including
the provision of loans or grants, for the upgrade, replacement, or closure of
underground storage tanks that store or were used to store hazardous substances,
and for the costs of remediating any discharge therefrom; and for paying or
financing the cost of water quality point and nonpoint source pollution
monitoring, watershed based water resource planning and management, and nonpoint
source pollution prevention projects. It shall not be competent for the
Legislature, under any pretense whatever, to borrow, appropriate, or use the
amount credited to the special account pursuant to this paragraph, or any
portion thereof, for any purpose or in any manner other than as enumerated in
this paragraph. It shall not be competent for the Legislature, under any
pretense whatever, to borrow, appropriate, or use the amount credited to the
special account pursuant to this paragraph, or any portion thereof, for the
payment of the principal or interest on any general obligation bond that was
approved by the voters prior to this paragraph becoming part of this
Constitution.
(a) A minimum of one-sixth of the amount annually credited pursuant to this
paragraph, or a minimum of an amount equal to $5,000,000.00 per year, whichever
is less, shall be dedicated, and shall be appropriated from time to time by the
Legislature, only for paying or financing the cost of water quality point and
nonpoint source pollution monitoring, watershed based water resource planning
and management, and nonpoint source pollution prevention projects.
(b) A minimum of one-third of the amount annually credited pursuant to this
paragraph shall be dedicated, and shall be appropriated from time to time by the
Legislature, only for providing funding, including the provision of loans or
grants, for the upgrade, replacement, or closure of underground storage tanks
that store or were used to store hazardous substances, and for the costs of
remediating any discharge therefrom, except that the dedication of moneys
pursuant to this subparagraph (b) shall expire on December 31, 2008 and may
thereafter be dedicated and appropriated from time to time by the Legislature
for any of the purposes authorized pursuant to subparagraphs (a), (b), or (c) of
this paragraph. All moneys derived from repayments of any loan issued from the
amount dedicated pursuant to this subparagraph (b) shall be dedicated, and shall
be appropriated from time to time by the Legislature, only for the purposes
authorized pursuant to this subparagraph (b). The dedication of moneys derived
from loan repayments shall not expire. No moneys appropriated pursuant to this
subparagraph (b) may be expended on any direct or indirect administrative costs
of the State or any of its departments, agencies, or authorities. No moneys
appropriated pursuant to this subparagraph (b) may be expended on any upgrade,
replacement, or closure of any underground storage tank, or for the remediation
of any discharge therefrom, for any underground storage tank owned by the State
or any of its departments, agencies, or authorities.
(c) A minimum of one-half of the amount annually credited pursuant to this
paragraph shall be dedicated, and shall be appropriated from time to time by the
Legislature, only for paying or financing costs incurred by the State for the
remediation of discharges of hazardous substances, which costs may include
performing necessary operation and maintenance activities relating to remedial
actions and costs incurred for providing alternative sources of public or
private water supplies, when a water supply has been, or is suspected of being,
contaminated by a hazardous substance discharge. No moneys appropriated pursuant
to this subparagraph (c) may be expended for any indirect administrative costs
of the State, its departments, agencies, or authorities. No more than nine
percent of the moneys annually credited pursuant to this paragraph, which shall
be taken from the amount dedicated pursuant to this subparagraph (c), may be
expended for any direct program administrative costs of the State, its
departments, agencies, or authorities. If the Legislature dedicates for the
purposes of this subparagraph (c) any moneys above the minimum that is required
to be dedicated pursuant to this subparagraph (c), those moneys may not be
expended for any direct or indirect administrative costs of the State, its
departments, agencies, or authorities.
Article VIII, Section II, paragraph 6, added effective December 5, 1996.
7. (a) Commencing July 1, 1999, there shall be credited in each State fiscal
year, until June 30, 2009, to a special account in the General Fund $98,000,000
from the State revenue annually collected from the State tax imposed under the
"Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.), as
amended and supplemented, or from any other State law of similar effect. The
dedication and use of those moneys credited pursuant to this subparagraph shall
be subject and subordinate to (1) all appropriations of revenues from taxes made
by laws enacted prior to the effective date of this paragraph in accordance with
Article VIII, Section II, paragraph 3 of the State Constitution in order to
provide the ways and means to pay the principal and interest on bonds of the
State presently outstanding or authorized to be issued under those laws, or (2)
any other use of those revenues enacted into law prior to the effective date of
this paragraph. The amount credited each State fiscal year pursuant to this
subparagraph shall be dedicated and shall be appropriated from time to time by
the Legislature only to: provide funding, including loans or grants, for the
acquisition and development of lands for recreation and conservation purposes,
for the preservation of farmland for agricultural or horticultural use and
production, and for historic preservation; and satisfy any payments relating to
bonds, notes, or other obligations, including refunding bonds, issued by an
authority or similar entity established by law to provide funding, including
loans and grants, for the acquisition and development of lands for recreation
and conservation purposes, for the preservation of farmland for agricultural or
horticultural use and production, and for historic preservation. (b) Commencing
July 1, 2009 and ending June 30, 2029, there shall be credited in each State
fiscal year to a special account in the General Fund from the State revenue
annually collected from the State tax imposed under the "Sales and Use Tax
Act," P.L.1966, c.30 (C.54:32B-1 et seq.), as amended and supplemented, or
from any other State law of similar effect, the lesser of $98,000,000 or the
amount necessary in each State fiscal year to satisfy any payments relating to
bonds, notes, or other obligations, including refunding bonds, issued by an
authority or similar entity established by law to provide funding, including
loans and grants, for the acquisition and development of lands for recreation
and conservation purposes, for the preservation of farmland for agricultural or
horticultural use and production, and for historic preservation. The dedication
and use of those moneys credited pursuant to this subparagraph shall be subject
and subordinate to (1) all appropriations of revenues from taxes made by laws
enacted prior to the effective date of this paragraph in accordance with Article
VIII, Section II, paragraph 3 of the State Constitution in order to provide the
ways and means to pay the principal and interest on bonds of the State presently
outstanding or authorized to be issued under those laws, or (2) any other use of
those revenues enacted into law prior to the effective date of this paragraph.
The amount credited each State fiscal year pursuant to this subparagraph shall
be dedicated and shall be appropriated from time to time by the Legislature only
to satisfy any payments relating to bonds, notes, or other obligations,
including refunding bonds, issued by an authority or similar entity established
by law to provide funding, including loans and grants, for the acquisition and
development of lands for recreation and conservation purposes, for the
preservation of farmland for agricultural or horticultural use and production,
and for historic preservation. (c) Moneys credited to the special account
pursuant to this paragraph shall not be used for (1) payments related to bonds,
notes, or other obligations which in aggregate principal amount exceed
$1,000,000,000 plus costs of issuance; or (2) payments relating to bonds, notes,
or other obligations, except refunding bonds, issued after June 30, 2009. (d)
The authority or similar entity established by law as described in this
paragraph shall consist of members appointed by the Governor and of members
appointed by the Legislature. (e) All moneys derived from repayments of any loan
issued from the amounts dedicated pursuant to subparagraph (a) of this
paragraph, and all income derived from the investment of moneys in the special
account established pursuant to this paragraph, shall be credited to that
special account, and shall be dedicated and shall be appropriated from time to
time by the Legislature only for the purpose of providing funding, including
loans or grants, for the acquisition and development of lands for recreation and
conservation purposes, for the preservation of farmland for agricultural or
horticultural use and production, and for historic preservation. Notwithstanding
any provision of this paragraph to the contrary, the dedication of moneys
derived from loan repayments and investments shall not expire. (f) It shall not
be competent for the Legislature, under any pretense whatever, to borrow,
appropriate, or use the amounts credited to the special account established
pursuant to this paragraph, or any portion thereof, for any purpose or in any
manner other than as enumerated in this paragraph.
Article VIII, Section II, paragraph 7 added effective December 3, 1998.
SECTION III
1. The clearance, replanning, development or redevelopment of blighted areas
shall be a public purpose and public use, for which private property may be
taken or acquired. Municipal, public or private corporations may be authorized
by law to undertake such clearance, replanning, development or redevelopment;
and improvements made for these purposes and uses, or for any of them, may be
exempted from taxation, in whole or in part, for a limited period of time during
which the profits of and dividends payable by any private corporation enjoying
such tax exemption shall be limited by law. The conditions of use, ownership,
management and control of such improvements shall be regulated by law.
2. No county, city, borough, town, township or village shall hereafter give any
money or property, or loan its money or credit, to or in aid of any individual,
association or corporation, or become security for, or be directly or indirectly
the owner of, any stock or bonds of any association or corporation.
3. No donation of land or appropriation of money shall be made by the State or
any county or municipal corporation to or for the use of any society,
association or corporation whatever.
SECTION IV
1. The Legislature shall provide for the maintenance and support of a thorough
and efficient system of free public schools for the instruction of all the
children in the State between the ages of five and eighteen years.
2. The fund for the support of free public schools, and all money, stock and
other property, which may hereafter be appropriated for that purpose, or
received into the treasury under the provisions of any law heretofore passed to
augment the said fund, shall be securely invested, and remain a perpetual fund;
and the income thereof, except so much as it may be judged expedient to apply to
an increase of the capital, shall be annually appropriated to the support of
free public schools, and for the equal benefit of all the people of the State;
and it shall not be competent, except as hereinafter provided, for the
Legislature to borrow, appropriate or use the said fund or any part thereof for
any other purpose, under any pretense whatever. The bonds of any school district
of this State, issued according to law, shall be proper and secure investments
for the said fund and, in addition, said fund, including the income therefrom
and any other moneys duly appropriated to the support of free public schools may
be used in such manner as the Legislature may provide by law to secure the
payment of the principal of or interest on bonds or notes issued for school
purposes by counties, municipalities or school districts or for the payment or
purchase of any such bonds or notes or any claims for interest thereon. Article
VIII, Section IV, paragraph 2 amended effective December 4, 1958.
3. The Legislature may, within reasonable limitations as to distance to be
prescribed, provide for the transportation of children within the ages of five
to eighteen years inclusive to and from any school.
BACK
SECTION V
1. No lands that were formerly tidal flowed, but which have not been tidal
flowed at any time for a period of 40 years, shall be deemed riparian lands, or
lands subject to a riparian claim, and the passage of that period shall be a
good and sufficient bar to any such claim, unless during that period the State
has specifically defined and asserted such a claim pursuant to law. This section
shall apply to lands which have not been tidal flowed at any time during the 40
years immediately preceding adoption of this amendment with respect to any claim
not specifically defined and asserted by the State within 1 year of the adoption
of this amendment.
Article VIII, Section V, paragraph 1 added effective December 3, 1981.
ARTICLE IX
AMENDMENTS
1. Any specific amendment or amendments to this Constitution may be proposed in
the Senate or General Assembly. At least twenty calendar days prior to the first
vote thereon in the house in which such amendment or amendments are first
introduced, the same shall be printed and placed on the desks of the members of
each house. Thereafter and prior to such vote a public hearing shall be held
thereon. If the proposed amendment or amendments or any of them shall be agreed
to by three-fifths of all the members of each of the respective houses, the same
shall be submitted to the people. If the same or any of them shall be agreed to
by less then three-fifths but nevertheless by a majority of all the members of
each of the respective houses, such proposed amendment or amendments shall be
referred to the Legislature in the next legislative year; and if in that year
the same or any of them shall be agreed to by a majority of all the members of
each of the respective houses, then such amendment or amendments shall be
submitted to the people.
2. The proposed amendment or amendments shall be entered on the journal of each
house with the yeas and nays of the members voting thereon.
3. The Legislature shall cause the proposed amendment or amendments to be
published at least once in one or more newspapers of each county, if any be
published therein, not less than three months prior to submission to the people.
4. The proposed amendment or amendments shall then be submitted to the people at
the next general election in the manner and form provided by the Legislature.
5. If more than one amendment be submitted, they shall be submitted in such
manner and form that the people may vote for or against each amendment
separately and distinctly.
6. If the proposed amendment or amendments or any of them shall be approved by a
majority of the legally qualified voters of the State voting thereon, the same
shall become part of the Constitution on the thirtieth day after the election,
unless otherwise provided in the amendment or amendments.
7. If at the election a proposed amendment shall not be approved, neither such
proposed amendment nor one to effect the same or substantially the same change
in the Constitution shall be submitted to the people before the third general
election thereafter.
ARTICLE X
GENERAL PROVISIONS
1. The seal of the State shall be kept by the Governor, or person administering
the office of Governor, and used by him officially, and shall be called the
Great Seal of the State of New Jersey.
2. All grants and commissions shall be in the name and by the authority of the
State of New Jersey, sealed with the Great Seal, signed by the Governor, or
person administering the office of Governor, and countersigned by the Secretary
of State, and shall run thus: "The State of New Jersey, to ..............,
Greeting".
3. All writs shall be in the name of the State. All indictments shall conclude:
"against the peace of this State, the government and dignity of the
same".
4. Wherever in this Constitution the term "person",
"persons", "people" or any personal pronoun is used, the
same shall be taken to include both sexes.
5. Except as herein otherwise provided, this Constitution shall take effect on
the first day of January in the year of our Lord one thousand nine hundred and
forty-eight.
ARTICLE XI
SCHEDULE
SECTION I
1. This Constitution shall supersede the Constitution of one thousand eight
hundred and forty-four as amended.
2. The Legislature shall enact all laws necessary to make this Constitution
fully effective.
3. All law, statutory and otherwise, all rules and regulations of administrative
bodies and all rules of courts in force at the time this Constitution or any
Article thereof takes effect shall remain in full force until they expire or are
superseded, altered or repealed by this Constitution or otherwise.
4. Except as otherwise provided by this Constitution, all writs, actions,
judgments, decrees, causes of action, prosecutions, contracts, claims and rights
of individuals and of bodies corporate, and of the State, and all charters and
franchises shall continue unaffected notwithstanding the taking effect of any
Article of this Constitution.
5. All indictments found before the taking effect of this Constitution or any
Article may be proceeded upon. After the taking effect thereof, indictments for
crime and complaints for offenses committed prior thereto may be found, made and
proceeded upon in the courts having jurisdiction thereof.
SECTION II
1. The first Legislature under this Constitution shall meet on the second
Tuesday in January, in the year one thousand nine hundred and forty-eight.
2. Each member of the General Assembly, elected at the election in the year one
thousand nine hundred and forty-seven, shall hold office for a term beginning at
noon of the second Tuesday in January in the year one thousand nine hundred and
forty-eight and ending at noon of the second Tuesday in January in the year one
thousand nine hundred and fifty. Each member of the General Assembly elected
thereafter shall hold office for the term provided by this Constitution.
3. Each member of the Senate elected in the years one thousand nine hundred and
forty-five and one thousand nine hundred and forty-six shall hold office for the
term for which he was elected. Each member of the Senate elected in the year one
thousand nine hundred and forty-seven shall hold office for a term of four years
beginning at noon of the second Tuesday in January following his election. The
seats in the Senate which would have been filled in the years hereinafter
designated had this Constitution not been adopted shall be filled by election as
follows: of those seats which would have been filled by election in the year one
thousand nine hundred and forty-eight, three seats, as chosen by the Senate in
the year one thousand nine hundred and forty-eight, shall be filled by election
in that year for terms of five years, and three, as so chosen, shall be filled
by election in that year for terms of three years, and those seats which would
have been filled by election in the year one thousand nine hundred and
forty-nine shall be filled by election in that year for terms of four years, so
that eleven seats in the Senate shall be filled by election in the year one
thousand nine hundred and fifty-one and every fourth year thereafter for terms
of four years, and the members of the Senate so elected and their successors
shall constitute one class to be elected as prescribed in paragraph 2 of Section
II of Article IV of this Constitution, and ten seats shall be filled by election
in the year one thousand nine hundred and fifty-three and every fourth year
thereafter for terms of four years, and the members of the Senate so elected and
their successors shall constitute the other class to be elected as prescribed in
said paragraph of this Constitution.
4. The provisions of Paragraph 1 of Section V of Article IV of this Constitution
shall not prohibit the nomination, election or appointment of any member of the
Senate or General Assembly first organized under this Constitution, to any State
civil office or position created by this Constitution or created during his
first term as such member.
SECTION III
1. A Governor shall be elected for a full term at the general election to be
held in the year one thousand nine hundred and forty-nine and every fourth year
thereafter.
2. The taking effect of this Constitution or any provision thereof shall not of
itself affect the tenure, term, status or compensation of any person then
holding any public office, position or employment in this State, except as
provided in this Constitution. Unless otherwise specifically provided in this
Constitution, all constitutional officers in office at the time of its adoption
shall continue to exercise the authority of their respective offices during the
term for which they shall have been elected or appointed and until the
qualification of their successors respectively. Upon the taking effect of this
Constitution all officers of the militia shall retain their commissions subject
to the provisions of Article V, Section III.
3. The Legislature, in compliance with the provisions of this Constitution,
shall prior to the first day of July, one thousand nine hundred and forty-nine,
and may from time to time thereafter, allocate by law the executive and
administrative offices, departments and instrumentalities of the State
government among and within the principal departments. If such allocation shall
not have been completed within the time limited, the Governor shall call a
special session of the Legislature to which he shall submit a plan or plans for
consideration to complete such allocation; and no other matters shall be
considered at such session.
SECTION IV
1. Subsequent to the adoption of this Constitution the Governor shall nominate
and appoint, with the advice and consent of the Senate, a Chief Justice and six
Associate Justices of the new Supreme Court from among the persons then being
the Chancellor, the Chief Justice and Associate Justices of the old Supreme
Court, the Vice Chancellors and Circuit Court Judges. The remaining judicial
officers enumerated and such Judges of the Court of Errors and Appeals as have
been admitted to the practice of law in this State for at least ten years, and
are in office on the adoption of the Constitution, shall constitute the Judges
of the Superior Court. The Justices of the new Supreme Court and the Judges of
the Superior Court so designated shall hold office each for the period of his
term which remains unexpired at the time the Constitution is adopted; and if
reappointed he shall hold office during good behavior. No Justice of the new
Supreme Court or Judge of the Superior Court shall hold his office after
attaining the age of seventy years, except, however, that such Justice or Judge
may complete the period of his term which remains unexpired at the time the
Constitution is adopted.
2. The Judges of the Courts of Common Pleas shall constitute the Judges of the
County Courts, each for the period of his term which remains unexpired at the
time the Judicial Article of this Constitution takes effect.
3. The Court of Errors and Appeals, the present Supreme Court, the Court of
Chancery, the Prerogative Court and the Circuit Courts shall be abolished when
the Judicial Article of this Constitution takes effect; and all their
jurisdiction, functions, powers and duties shall be transferred to and divided
between the new Supreme Court and the Superior Court according as jurisdiction
is vested in each of them under this Constitution.
4. Except as otherwise provided in this Constitution and until otherwise
provided by law, all courts now existing in this State, other than those
abolished in paragraph 3 hereof, shall continue as if this Constitution had not
been adopted, provided, however, that when the Judicial Article of this
Constitution takes effect, the jurisdiction, powers and functions of the Court
of Common Pleas, Orphans' Court, Court of Oyer and Terminer, Court of Quarter
Sessions and Court of Special Sessions of each count