Amends Constitution to require legislative consent for any State approval of a trade agreement.

SCR87

SENATE CONCURRENT RESOLUTION No. 87

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Amends Constitution to require legislative consent
for any State approval of a trade agreement.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution

proposing to
amend Article IV, Section VII of the Constitution of the State of New
Jersey by adding a new paragraph thereto.

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

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

PROPOSED
AMENDMENT

���� Amend Article IV, Section VII
of the State Constitution by the addition of the following paragraph:

���� 14.� The State shall not agree
to be bound by any provision of an international trade agreement without the
consent of the State Legislature.� Four members of the State Legislature shall
be appointed at the beginning of each legislative session to serve as
S
tate Legislative Points of Contact
and the Legislature�s representatives on the Citizen�s
Commission on Trade and Democracy, as established in this paragraph,
during
the term of the legislative session as follows: one member of the Senate
appointed by the President and one by the Minority Leader of the Senate; and
one member of the General Assembly appointed by the Speaker and one by the
Minority Leader of the General Assembly.�
The S
tate
Legislative Points of Contact
shall s
erve as
the State�s official liaisons with the federal government and as the
Legislature�s liaisons with the Governor on trade-related matters and as the
designated recipients of all communication from
any
representative of the federal government providing information regarding trade
agreements or negotiations, including any
federal request for consent or
consultation regarding investment, procurement, services or other provisions of
trade agreements which may impinge on State law or regulatory authority.�
If any representative of the federal government
communicates with the Governor or other State entity regarding any trade
agreement or negotiation, but not with the State Legislative Points of Contact,
then the Governor or other entity shall promptly forward those communications
to the State Legislative Points of Contact.�
The State shall not consent or in any way agree to any
terms of any trade agreement, unless:

���� a.���� The provisions of the trade agreement and all
related analysis

and documentation have been provided

to the State
Legislative Points of Contact and the State Legislative Points of Contact have
requested and received from all appropriate State agencies analyses
of
the impact of the trade agreement
, and made those
analyses available to the Legislature and the public;

����
b
.���
The Citizen�s Commission on Trade and Democracy has held

public hearings throughout the State regarding the

potential social, environmental, economic
and legal effects of the trade agreement,
and made public the proceedings of the hearings; and

����
c.���� After considering those
analyses and proceedings, the Legislature votes to enact legislation
authorizing the State to concur with specific listed provisions of the
agreement.

���� There is established the Citizen�s
Commission on Trade and Democracy, comprised of: the four members of the
Legislature serving as
S
tate Legislative
Points of Contact
; the Attorney General and the heads
of four departments which are designated by law as the departments responsible
for issues affected by trade policies, including issues of commerce,
agriculture, environment, labor and employment;
and 10 public members appointed
by the Governor, with the advice and consent of the Senate, including
representatives of private-sector and public-sector labor organizations
affected by international trade, outsourcing and off-shoring; representatives
of businesses engaged in, or affected by, international trade; farmers affected
by international trade; and individuals with recognized expertise on the
effects of international trade on human rights, workplace rights, and
environmental and consumer protection.� The commission shall assist the
S
tate Legislative Points of Contact in their duties,
monitor trade negotiations and disputes, assess the social, economic,
environmental and legal impacts of pending trade agreements, hold hearings, and
produce and make public reports of its findings and any recommendations it may
have on pending trade agreements and possible legislation.

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

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

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

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

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

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

CONSTITUTIONAL
AMENDMENT TO REQUIRE PUBLIC REVIEW AND LEGISLATIVE CONSENT BEFORE THE STATE
CAN AGREE TO BE BOUND BY A TRADE AGREEMENT

YES

���� Do you approve amending the
Constitution to require public input and consent of the Legislature for the
State to agree to be bound by any trade agreement?

INTERPRETIVE
STATEMENT

NO

���� This amendment requires
public input and the consent of the Legislature prior to the State agreeing
to be bound by any international trade agreement.

���� The amendment creates a
commission made up of legislators, State officials and members of the public
who would review the trade agreement.� The commission would hold public
hearings throughout the State. After the commission has finished its
hearings, the Legislature may vote to agree with the trade agreement.

���� The purpose of this
amendment is to ensure that the State can only agree to be bound by
international trade agreements with the consent of the Legislature, after opportunity
for public comment. �It allows a complete review of trade agreements that may
limit the ability of the State to enact laws which prevent the transfer of
service jobs overseas or require the State to buy goods made in the United States.

STATEMENT

���� The purpose of this proposed
constitutional amendment is to clearly establish the role of the State Legislature
in setting trade policy for the State and ensure that the citizens of the State
and the Legislature have access to information on the impact of international
trade policy on the State economy.� The amendment:

���� 1.��� Requires consent of the
State Legislature for any approval by the State to be bound by any trade
agreement;

���� 2.��� Requires the designation
of four members of the Legislature to be State Legislative Points of Contact to
serve as official liaisons with the Governor�s office and the federal government
on trade policy; and

���� 3.��� Establishes a Citizen�s
Commission on Trade and Democracy to monitor trade negotiations and disputes; assess
the social, environmental, legal and economic effects of trade agreements and proposed
trade agreements; and hold hearings and make recommendations regarding trade
policy and related legislation.

���� While New Jersey participates
in the global economy and seeks to maximize the benefits and minimize the
adverse impacts of international trade, some recent trade agreements have
impacts significantly beyond the bounds of traditional trade matters, such as
tariffs and quotas, and may undermine the State�s constitutionally guaranteed
authority to protect the public health, safety and welfare.� Some trade
agreements, lacking adequate human rights, labor, and environmental standards,
have put New Jersey workers and businesses at a disadvantage when competing
with firms operating in jurisdictions with lower standards.� Some agreements
have eroded the traditional autonomy of states in procurement matters by
requiring state and local governments to accord foreign suppliers of goods and
services treatment no less favorable than that afforded to in-state suppliers.