Proposes constitutional amendment to dedicate certain revenues for State transportation system.

SCR115

SENATE CONCURRENT RESOLUTION No. 115

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 12, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Senator� LATHAM TIVER

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Proposes constitutional amendment to dedicate certain
revenues for State transportation system.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution
proposing to amend
Article VIII, Section II, paragraph 4 of the Constitution of the State of New
Jersey.

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

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

PROPOSED
AMENDMENT

���� Amend Article VIII, Section
II,
paragraph 4 to read as follows:

���� 4.��� There
shall be credited to a special account in the General Fund:

���� (a)�� for
each State fiscal year commencing on and after July 1, 2007 through the State
fiscal year commencing on July 1, 2015 an amount equivalent to the revenue
derived from $0.105 per gallon from the tax imposed on the sale of motor fuels
pursuant to chapter 39 of Title 54 of the Revised Statutes, and for each State
fiscal year thereafter, an amount equivalent to all revenue derived from the
collection of the tax imposed on the sale of motor fuels pursuant to chapter 39
of Title 54 of the Revised Statutes or any other subsequent law of similar
effect;

���� (b)�� for
the State fiscal year 2001 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, for
each State fiscal year from State fiscal year 2002 through State fiscal year
2016 an amount not less than $200,000,000 derived from those revenues, and for
each State fiscal year thereafter, an amount equivalent to all revenue derived
from the collection of 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
]

���� (c)�� for
the State fiscal year 2002 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 2003 an amount not less than $140,000,000 from those revenues, and
for 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, 2006 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, 2006
;

����
(d)�� in
addition to the amounts required pursuant to subsection (c) of this paragraph,
in any State fiscal year in which a tax is imposed on the receipts from the
sale of electric vehicles 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, an amount equivalent to the amount of
revenue annually derived from the tax imposed on the receipts from the sale of
electric vehicles up to $100,000,000; and

����
(e)�� in
any State fiscal year in which an additional motor vehicle registration fee is
imposed only on electric vehicles, as may be provided by law, an amount
equivalent to the amount of revenue annually derived from the additional
registration fee
.� 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.

(cf:
Art.VIII, Sec.II, par.4, effective December 8, 2016)

���� 2. When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Secretary of State, not less than three months prior
to the general election.

���� 3. This proposed amendment to
the Constitution shall be submitted to the people at that election in the
following manner and form:

���� There shall be printed on each
official ballot to be used at the general election, the following:

���� a. In every municipality in
which voting machines are not used, a legend which shall immediately precede
the question as follows:

���� If you favor the proposition
printed below make a cross (X), plus (+), or check (
a
) in the square opposite the word "Yes." If you are
opposed thereto make a cross (X), plus (+) or check (
a
) in the square opposite the
word "No."

���� b. In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT DEDICATING FUNDS FOR STATE TRANSPORTATION SYSTEM

YES

���� Do you approve amending the
State Constitution to dedicate certain revenues to the State�s transportation
trust fund account?��� The transportation trust fund account is an account in
the State�s General Fund that contains funds used only for the planning,
construction, and repair of the transportation system in this State.

���� This amendment dedicates an
amount equal to the amount annually collected from a tax imposed on the sale
of electric vehicles, up to $100 million, to the transportation trust fund
account.� The dedication would only occur during a fiscal year where there is
a tax imposed on the sale of electric vehicles.

���� This amendment also
dedicates an amount equal to the amount annually collected from an additional
fee imposed on the registration of electric vehicles to the transportation
trust fund account.� The dedication would only occur during a fiscal year where
there is an additional fee imposed on the registration of electric vehicles.�

���� The dedicated funds would be
used annually to support the transportation system in this State.

���� The amendment would not
impose a new sales tax or additional registration fee on electric vehicles.�
Rather, if the State enacts a sales tax or registration fee on electric
vehicles, the amendment would require certain amount of revenue collected from
the tax or fee to be used for transportation purposes.

INTERPRETIVE
STATEMENT

NO

���� This amendment dedicates
certain amounts of revenues from a tax imposed on the sale of electric
vehicles, and from an additional fee imposed on the registration of electric
vehicles, to the transportation trust fund account.� The transportation trust
fund account is an account in the State�s General Fund that contains funds
used only for the planning, construction, and repair of the transportations
system in this State.

���� If the State imposes a tax
on the sale of electric vehicles, the amendment requires that an amount equal
to the amount annually collected from the tax, up to $100 million, be
credited to the account.

���� If the State imposes an
additional fee on the registration of electric vehicles, the amendment
requires that an amount equal to the amount annually collected from the fee
be credited to the account.

���� The amendment requires that
the funds credited to the account be dedicated solely for transportation
purposes.

���� The amendment would not
require the State to impose a sales tax on electric vehicles.�

���� The amendment would not
require the State to impose an additional registration fee on electric
vehicles.

���� The amendment would not change
the standard registration fees imposed on all motor vehicles.

STATEMENT

���� This concurrent resolution
would amend the State Constitution to dedicate certain additional revenues to
the Transportation Trust Fund (TTF).� As required under the State Constitution,
all revenues deposited into the TTF may only be used to support the cost of
planning, acquisition, engineering, construction, reconstruction, repair and
rehabilitation of the transportation system in this State.

���� Specifically, during any
fiscal year in which a tax is imposed under the �Sales and Use Tax Act� on
receipts from the sale of electric vehicles, this constitutional amendment
would require an amount equivalent to the amount annually derived from the tax,
up to $100 million, be deposited into the TTF.� Additionally, during any fiscal
year in which an additional motor vehicle registration fee is imposed on
electric vehicles, this constitutional amendment would require an amount
equivalent to the amount of revenue annually derived from the additional
registration fee be deposited into the TTF.

���� This constitutional amendment
would not require the State to impose a new tax or fee on electric vehicles,
nor would it change the standard registration fee that is currently imposed on
non-electric motor vehicles.� Rather, if the State were to impose a sales tax
on electric vehicles or an additional registration fee on electric vehicles,
the amendment would require certain amounts of these revenues to be used for
transportation purposes.