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NEW JERSEY STATE CONSTITUTION 1947
Updated Through Amendments Adopted in November 2003
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 - 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.
- 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of State shall be superseded by any subsequent legislation consistent with this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. - 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- No person shall be imprisoned for debt in any action, or on any
judgment founded upon contract, unless in cases of fraud; nor shall any person be
imprisoned for a militia fine in time of peace.
- 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.
- The military
shall be in strict subordination to the civil power.
- 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.
-
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.
- 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.
- 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.
- 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.
- This enumeration of rights and privileges shall not be construed
to impair or deny others retained by the people.
- 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
- 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.
- 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.
- (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. - 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.
-
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.
- No
idiot or insane person shall enjoy the right of suffrage.
- 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 - (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. - 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.
-
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.
- 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.
- 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.
- The Legislature shall appropriate the
funds necessary for the efficient operation of the New Jersey Redistricting Commission.
- 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.
- 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.
- 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 - 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 - The legislative power shall be vested
in a Senate and General Assembly.
- 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.
- 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.) - 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 - 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.
- 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.
- 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 preceding 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.
-
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 -
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.
- 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.
- 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 - 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.
- Each house
shall be the judge of the 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.
- 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.
- 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.
- 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.
- 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.
- 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.
-
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.
-
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 - 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.
- 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.
-
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.
- 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.
- Neither the Legislature nor either
house thereof shall elect or appoint any executive, administrative or judicial
officer except the State Auditor.
SECTION VI - All
bills for raising revenue shall originate in the General Assembly; but the Senate
may propose or concur with amendments, as on other bills.
- 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.
- 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.
- 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.
SECTION VII - No divorce shall be granted by the Legislature.
- 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 Legislature 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. - 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.
- 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.
- 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.
- 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."
- No general law shall embrace any provision
of a private, special or local character.
- 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.
-
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. - 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.
- 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.
- 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
- 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.
- 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 - The executive power shall be
vested in a Governor.
- The Governor shall be not 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 preceding 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.
- 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.
- 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.
- 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.
- 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.
- (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:
(1) 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. - 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 - 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.
- A system for the granting
of parole shall be provided by law.
SECTION III -
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.
- 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 - 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.
- 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.
- 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.
- 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.
- 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.
- 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 - 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 - 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.
- The Supreme Court shall exercise appellate jurisdiction in the
last resort in all causes provided in this Constitution.
- 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
- 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. -
The Superior Court shall have original general jurisdiction throughout the State
in all causes.
- 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. - 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 - 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. - 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.
- 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.
- 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 - 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.
- 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.
- 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. - 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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 - 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 - 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.
- 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.
- 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.
- 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.
- 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.
- 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 qualify. 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 - 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.
- 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 - 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.
- 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.
- 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 -
(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. - 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.
- 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 of 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. - 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. - 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. - 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.
- 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
- The credit of the State shall not be directly or indirectly loaned in
any case.
- 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.
- 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.
- 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.
- (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. -
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; providing funding, including the provision of loans or grants,
for the costs of the remediation of discharges of hazardous substances, which
costs may include 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; 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, and for providing funding, including the provision of
loans or grants, for the costs of the remediation of discharges of hazardous substances,
which costs may include 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. Of any amount dedicated pursuant
to this subparagraph (b) but not expended prior to January 1, 2004, fifty percent
of that amount shall be expended on funding 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 fifty percent shall
be expended on funding the costs of the remediation of discharges of hazardous
substances, including 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. Commencing January
1, 2004 and ending December 31, 2005, fifty percent of the moneys dedicated pursuant
to this subparagraph (b) shall be appropriated for funding 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 fifty
percent shall be appropriated for funding the costs of the remediation of discharges
of hazardous substances, which costs may include 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.
Commencing January 1, 2006 and ending December 31, 2021, forty percent
of the moneys dedicated pursuant to this subparagraph (b) shall be appropriated
for funding 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 sixty percent shall be appropriated for funding the
costs of the remediation of discharges of hazardous substances, which costs may
include 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. Commencing January 1, 2004,
up to $2,000,000.00 per year, which shall be taken from the amount appropriated
pursuant to this subparagraph (b) for the costs of the remediation of discharges
of hazardous substances, may be expended for the costs of a State underground
storage tank inspection program, which costs may include the direct but not indirect
program administrative costs incurred by the State for the employment of inspectors
and a compliance and enforcement staff, and the purchase of vehicles and equipment
necessary for the implementation thereof. 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. Except
for moneys that may be expended for the costs of a State underground storage tank
inspection program, 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, or for costs incurred by the State for the remediation
of discharges of hazardous substances. Commencing on January 1,
2022, the moneys dedicated pursuant to this subparagraph (b) may be appropriated
from time to time by the Legislature: 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; for providing funding, including the provision
of loans or grants, for the costs of the remediation of discharges of hazardous
substances, which costs may include 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; or for the costs of
a State underground storage tank inspection program, in an amount up to $2,000,000.00
per year. (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;
amended effective December 4, 2003. 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 $1,150,000,000 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; amended effective December 4, 2003.
SECTION III
- 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.
- 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.
-
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 - 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.
- 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.
- 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.
SECTION
V - 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 - 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 than 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.
-
The proposed amendment or amendments shall be entered on the journal of each house
with the yeas and nays of the members voting thereon.
- 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.
- 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.
-
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.
- 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.
- 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
- 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.
- 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".
- 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".
- Wherever in this Constitution the term "person", "persons",
"people" or any personal pronoun is used, the same shall be taken to
include both sexes.
- 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 - This Constitution shall supersede
the Constitution of one thousand eight hundred and forty-four as amended.
- The Legislature shall enact all laws necessary to make this Constitution
fully effective.
- 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.
- 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.
- 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 -
The first Legislature under this Constitution shall meet on the second Tuesday
in January, in the year one thousand nine hundred and forty-eight.
-
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.
- 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.
- 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 -
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.
- 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.
- 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 - 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.
- 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.
- 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.
-
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 county, the judicial officers, clerks and employees thereof, and the causes
pending therein and their files, shall be transferred to the County Court of the
county. All statutory provisions relating to the county courts aforementioned
of each county and to the Judge or Judges thereof shall apply to the new County
Court of the county and the Judge or Judges thereof, unless otherwise provided
by law. Until otherwise provided by law and except as aforestated, the judicial
officers, surrogates and clerks of all courts now existing, other than those abolished
in paragraph 3 hereof, and the employees of said officers, clerks, surrogates
and courts shall continue in the exercise of their duties, as if this Constitution
had not been adopted.
- The Supreme Court shall make rules governing
the administration and practice and procedure of the County Courts; and the Chief
Justice of the Supreme Court shall be the administrative head of these courts
with power to assign any Judge thereof of any county to sit temporarily in the
Superior Court or to sit temporarily without the county in a County Court.
- The Advisory Masters appointed to hear matrimonial proceedings
and in office on the adoption of this Constitution shall, each for the period
of his term which remains unexpired at the time the Constitution is adopted, continue
so to do as Advisory Masters to the Chancery Division of the Superior Court, unless
otherwise provided by law.
- All Special Masters in Chancery,
Masters in Chancery, Supreme Court Commissioners and Supreme Court Examiners shall,
until otherwise provided by rules of the Supreme Court, continue respectively
as Special Masters, Masters, Commissioners and Examiners of the Superior Court,
with appropriate similar functions and powers as if this Constitution had not
been adopted.
- When the Judicial Article of this Constitution
takes effect:
(a) All causes and proceedings of whatever character pending
in the Court of Errors and Appeals shall be transferred to the new Supreme Court;
(b) All causes and proceedings of whatever character pending on appeal or
writ of error in the present Supreme Court and in the Prerogative Court and all
pending causes involving the prerogative writs shall be transferred to the Appellate
Division of the Superior Court; (c) All causes and proceedings of whatever
character pending in the Supreme Court other than those stated shall be transferred
to the Superior Court; (d) All causes and proceedings of whatever character
pending in the Prerogative Court other than those stated shall be transferred
to the Chancery Division of the Superior Court; (e) All causes and proceedings
of whatever character pending in all other courts which are abolished shall be
transferred to the Superior Court. For the purposes of this paragraph, paragraph
4 and paragraph 9, a cause shall be deemed to be pending notwithstanding that
an adjudication has been entered therein, provided the time limited for review
has not expired or the adjudication reserves to any party the right to apply for
further relief. - The files of all causes pending in the Court
of Errors and Appeals shall be delivered to the Clerk of the new Supreme Court;
and the files of all causes pending in the present Supreme Court, the Court of
Chancery and the Prerogative Court shall be delivered to the Clerk of the Superior
Court. All other files, books, papers, records and documents and all property
of the Court of Errors and Appeals, the present Supreme Court, the Prerogative
Court, the Chancellor and the Court of Chancery, or in their custody, shall be
disposed of as shall be provided by law.
- Upon the taking effect
of the Judicial Article of this Constitution, all the functions, powers and duties
conferred by statute, rules or otherwise upon the Chancellor, the Ordinary, and
the Justices and Judges of the courts abolished by this Constitution, to the extent
that such functions, powers and duties are not inconsistent with this Constitution,
shall be transferred to and may be exercised by Judges of the Superior Court until
otherwise provided by law or rules of the new Supreme Court; excepting that such
statutory powers not related to the Administration of justice as are then vested
in any such judicial officers shall, after the Judicial Article of this Constitution
takes effect and until otherwise provided by law, be transferred to and exercised
by the Chief Justice of the new Supreme Court.
- Upon the taking
effect of the Judicial Article of this Constitution, the Clerk of the Supreme
Court shall become the Clerk of the new Supreme Court and shall serve as such
Clerk until the expiration of the term for which he was appointed as Clerk of
the Supreme Court, and all employees of the Supreme Court as previously constituted,
of the Clerk thereof and of the Chief Justice and the Justices thereof, of the
Circuit Courts and the Judges thereof and of the Court of Errors and Appeals shall
be transferred to appropriate similar positions with similar compensation and
civil service status under the Clerk of the new Supreme Court or the new Supreme
Court, or the Clerk of the Superior Court or the Superior Court, which shall be
provided by law.
- Upon the taking effect of the Judicial Article
of this Constitution, the Clerk in Chancery shall become the Clerk of the Superior
Court and shall serve as such Clerk until the expiration of the term for which
he was appointed as Clerk in Chancery, and all employees of the Clerk in Chancery,
the Court of Chancery, the Chancellor and the several Vice Chancellors shall be
transferred to appropriate similar positions with similar compensation and civil
service status under the Clerk of the Superior Court or the Superior Court, which
shall be provided by law.
- Appropriations made by law for judicial
expenditures during the fiscal year one thousand nine hundred and forty-eight,
one thousand nine hundred and forty-nine may be transferred to similar objects
and purposes required by the Judicial Article.
- The Judicial
Article of this Constitution shall take effect on the fifteenth day of September,
one thousand nine hundred and forty-eight, except that the Governor, with the
advice and consent of the Senate, shall have the power to fill vacancies arising
prior thereto in the new Supreme Court and the Superior Court; and except further
that any provision of this Constitution which may require any act to be done prior
thereto or in preparation therefor shall take effect immediately upon the adoption
of this Constitution.
SECTION V - For the purpose
of electing senators in 1967 and until the 1970 decennial census of the United
States for New Jersey shall have been received by the Governor, the forty senators
are hereby allocated among fifteen Senate districts, as follows: First District
- the counties of Gloucester, Atlantic and Cape May, two Senators; Second District
- the counties of Salem and Cumberland, one senator; Third District - the county
of Camden, three senators; Fourth District - the counties of Burlington and Ocean,
two senators; Fifth District - the county of Monmouth, two senators; Sixth District
- the county of Mercer, two senators; Seventh District - the county of Middlesex,
three senators; Eighth District - the county of Somerset, one senator; Ninth District
- the county of Union, three senators; Tenth District - the county of Morris,
two senators; Eleventh District - the county of Essex, six senators; Twelfth District
- the county of Hudson, four senators; Thirteenth District - the county of Bergen,
five senators; Fourteenth District - the county of Passaic, three senators; and
Fifteenth District - the counties of Sussex, Warren and Hunterdon, one senator.
- For the purpose of electing members of the General Assembly and
the senators from Assembly districts where so required in 1967 and until the 1970
census of the United States for New Jersey shall have been received by the Governor,
the Assembly districts shall be established 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. Such Apportionment Commission
shall be appointed no earlier than November 10 nor later than November 15, 1966,
and their appointments shall be certified by the Secretary of State on or before
December 1, 1966. The Commission, by a majority of the whole number of its members,
shall certify the establishment of Assembly districts to the Secretary of State
on or before February 1, 1967.
- If such Apportionment Commission
fails so to certify the establishment of Assembly districts 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. Such
Commission, 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 Assembly districts.
- The Assembly
districts so established shall be used thereafter for the election of members
of the General Assembly and shall remain unaltered until the following decennial
census of the United States for New Jersey shall have been received by the Governor.
Article XI, Section V, paragraphs 1, 2, 3, 4 added effective December 8, 1966.
SECTION VI When this amendment to the Constitution providing
for the abolition of the County Courts takes effect: (a) All the jurisdiction,
functions, powers and duties of the County Court of each county, the judicial
officers, clerks, employees thereof, and the causes pending therein, and their
files, shall be transferred to the Superior Court. Until otherwise provided by
law, the judicial officers, surrogates and clerks of the County Courts and the
employees of said officers, clerks, surrogates and courts, shall continue in the
exercise of their duties as if this amendment had not been adopted. For the purposes
of this paragraph, a cause shall be deemed to be pending notwithstanding that
an adjudication has been entered therein, provided the time limited for appeal
has not expired or the adjudication reserves any party the right to apply for
further relief. (b) All the functions, powers and duties conferred by the
statute, rules or otherwise, upon the judges of the County Courts, shall be transferred
to and may be exercised by judges of the Superior Court until otherwise provided
by law or rules of the Supreme Court. (c) Until otherwise provided by law,
all county clerks shall become clerks of the Law Division of the Superior Court
and all surrogates shall become clerks of the Chancery Division (Probate Part)
of the Superior Court for their respective counties and shall perform such duties
and maintain such files and records on behalf of the Clerk of the Superior Court
as may be required by law and rule of court; and all fees payable to the county
clerks and surrogates prior to the effective date of this amendment shall continue
to be so payable and be received for the use of their respective counties until
otherwise provided by law. (d) The judges of the County Courts in office
on the effective date of this amendment shall be judges of the Superior Court.
All such judges who had acquired tenure on a County Court shall hold office as
a judge of the Superior Court during good behavior, with all rights, and subject
to all the provisions of the Constitution affecting a judge of the Superior Court,
as though they were initially appointed to the Superior Court. All other judges
of the County Courts shall hold office as judges of the Superior Court, each for
the period of his term which remains unexpired on the effective date of this amendment;
and if reappointed, he shall hold office during good behavior, with all the rights
and subject to all the provisions of the Constitution affecting a judge of the
Superior Court as though he were initially appointed to the Superior Court.
Article XI, Section VI, added effective December 7, 1978. |